GOP govs, stimulus strings, and the legality of the Punish Mark Sanford Amendment
The AP has a story declaring that GOP South Carolina Mark Sanford will take stimulus money “despite misgivings.” On Fox News this morning, Sanford expressed a more nuanced approach — asserting that he’ll be going through the plan “with a fine-tooth comb” to determine what funding would be worth accepting given “the strings attached.”
As I’ve been pointing out, the legality of the Punish Mark Sanford Amendment inserted by Democrat House Majority Whip Jim Clyburn (S.C.) is still germane — especially with several other GOP governors now stating that they may not accept porkulus money in their states.
I’ve asked Hill folks for legal background/analysis on the provision usurping governors’ executive authority to accept or decline the funds. I’m told that House GOP leader John Boehner’s office has now requested an analysis from the nonpartisan Congressional Research Service (CRS) on the constitutionality of the provision in the trillion-dollar spending bill.
Stay tuned.
***
Related: Jeff Emanuel looks at the Punish Mark Sanford Amendment and political cover.
See what others have said
Note from Michelle: This section is for comments from michellemalkin.com's community of registered readers. Please don't assume that I agree with or endorse any particular comment just because I let it stand. A reminder: Anyone who fails to comply with my terms of use may lose his or her posting privilege.
Trackbacks
- 2012 Watch: Jindalmania? « JoHNBRoDiGaNDoTCoM
- Obama’s Dilemma, How Can He Top Himself? « Riggword Weblog
- Mark Sanford, are you going to take the porkulus money for South Carolina or not? | Fire Andrea Mitchell!
- Hot Air » Blog Archive » Video: Palin announces she’ll reject $515 million of stimulus money
- HOTAiR: Video: Saint Sarah Palin announces she’ll reject $515 million of stimulus money « Saint Sarah Palin
- Palin Joins The Stimulus Rejection Parade « Beltway Snark
- Sobering Up After the Obama Drunkfest | The Great Illuminator
- Yes, Sex Sells: Media Gives More Attention to Sanford’s Affair Than Illegal Firing of Inspector General Getting Too Close to Truth Behind Obama’s Cronies « Frugal Café Blog Zone
- When Republicans Don’t Take the High Road (updated) « Frugal Café Blog Zone
Comments
You must be logged in to post a comment.
Categories: fiscal stimulus
Power Line
» More From the East Anglia Archives

American Thinker
» Sarah Palin and the low ebb of the cultural left
Doug Ross @ Journal
» ACORN pwnage part II: Breitbart's BigGovt Lowers the Boom
Big Government
» BREAKING: San Diego ACORN Document Dump Scandal
Villainous Company
» Amateur Hour in the Oval Office Continues....
Nice Deb
» O
Green Room
» Times Slimes Obamic Climes










Someone needs to challenge this BEFORE fa la la la la obama get his 2 SupremeCourt justices!
De fuerher obama has decreed that the money be spent. Who are you to complain???
BTW I talked to the guy who did my mortgage, he said in my case, it would make sense to miss payments to get obamas bailout if it is as advertised.
Wild. A government program that ENCOURGES you to be irresponsable.
They want to either dazzle us with their brilliance or baffle us with their BS. I’ve not seen much brilliance in government lately.
Mark is getting spanked on talk radio here this morning.
Quick question, if the CRS deems that the provision is unconstitutional and the bill has already been signed into law would that make the whole law (i.e. the anti-stimulus package)unconstitutional?
Jeff Emanuel wrote an interesting piece but lets not find comfort in it. Ok, so Mark Sanford keeps his political clout but what is that worth??? If ‘Clyburn’s amendment’ holds, the money is still going to be spent by the states. Nothing gained here.
I’m with you!
No. Most complex bills contain a severability clause, stating that if any particular provision is deemed illegal or unconstitutional, the other unaffected sections shall be preserved. And practically, even if it did not contain such a provision, courts generally tend to just apply their own severability with respect to to the bill and only negate the affected part.
Fear, intimidation and Gestapo tactics even in Oklahoma http://www.newsok.com/okc-officer-pulls-man-over-for-anti-obama-sign-on-vehicle/article/3347038?custom_click=headlines_widget
There’s generally a provision in every bill that says if any part of the bill is found unconstitutional, the rest of the bill remains intact.
I can’t imagine that they would have left that out of this one.
I was listening to the radio on my way in this morning and they were discussing some states not wanting to take the money. And I got to wondering, if a state refuses the funds, can the citizens of that state refuse to pay their taxes that would go to pay this stuff off? I didn’t think so.
My thinking is, I don’t want the strings attached to any government program, so even if it looks good on paper, I’m just going to pay my mortgage. And if I can’t afford to pay it in the future, let them foreclose and I’ll move in with my kids.
Legal? Obaminites do not care about Legal. Resistance may not be futile but some consider it illegal. This policeman has instituted a Fairness While Driving Doctrine.
Read ”When I was on my way there, the Secret Service called me and said they weren’t going to ransack my house or anything … they just wanted to (walk through the house) and make sure I wasn’t a part of any hate groups.”
And just what is the definition of a hate group? La Raza, Nation of Islam, Trinity Church Chicago or would that be the NRA, Conservative Groups, Taxpayer organizations?
According to a Justice Department memorandum Hate Groups consist of people “overly concerned with the First, Second, Fourth Amendments and paranoid about privacy and due process”.
That would include all those Dead White European Males who signed the Deceleration of Independence, our Constitution and the Bill of Rights.
William Ayres lives. Paul Revere: Get ready to ride, the Fascist are on the march.
—
ALCOHOL, TOBACCO AND FIREARMS
Should be a convenience store
NOT a Government Agency
God Bless America except for the blue states.
If Sanford takes any of the money he deserves the spanking. I’m profoundly disappointed to see a man of principle get “nuanced.”
Also, this move seems to make little sense politically. Why rail against the bailout, only to go meekly along with it once the legislation passes?
If the “punish Sanford” amendment gives the SC legislature the power to override Sanford, so be it, let them approve the bailout.
The Governor should stand behind his professed beliefs and politely tell the federal government where it can put stimulus funds. Hopefully Sanford won’t actually go wobbly and accept the cash.
Good points.
Either shut up from the beginning; or, stick to your word.
Sort of like what Tom Peters, I believe, had said, “Under promise and over deliver.”
Looks like Perry is taking the money here in Texas too.
http://www.dallasnews.com/sharedcontent/dws/bus/stories/DN-perrystim_19tex.ART.State.Edition1.4c4218f.html
Makes sense as he is very moderate. He only considered rejecting the money because the moderate Senator Hutchison, who will challenge him in the RINO primary for governor, voted against the bill.
When government forces are harnessed to negate those precious amendments, there is no such thing as “overly concerned”.
As the “good” Barry once said, “Extremism in the defense of liberty is no vice.”
Thanks for the info.
You know Michelle if you could have worked the name Gov. Sarah Palin into the headline and story there would be many more comments already. Don’t you read HotAir.com like everyone else?
There are some commenters that say they are conservatives going around conservative websites and saying that Sarah Palin’s trip to DC for the Alfalfa Dinner was to lobby for the stimulus bill.
That is a lie, never came from her. She said veto the bill, send it back to the Congress and have them READ IT FIRST!
What a novel idea from the most unqualified person ever to run for dogcatcher, huh?
on a related note, the california legislature finally got the one rino vote they needed to have a bipartisan tax and spend orgy. last night on the news someone suggested the california legislature could eliminate it’s 42b dollar shortfall w/o raising taxes by allowing offshore drilling. but no bipartisan vote on that theory, as the environitwits and their stooges in the democrat party won’t consider econ 101, they hope we will all change to windmills on our cars, and solar panels on our houses. hell they won’t even allow windmills out in the ocean. so to my california socialists, happy tax increase day. it’s bipartisan government in the age of obama.
“What is this “KON-STI-TOO-SHUN” you speak of?”
The entire act is so unconstitutional that it makes my head spin! The presence or absence of this idiotic clause really isn’t the only, or even the most, unconstitutional aspect of the bill.
“[O]verly concerned with the First, Second, [and] Fourth Amendments?” Who decides what “overly concerned” means? Are they going to include just about every member of the Obamedia with their concerns about the First Amendment, e.g. the ACLU? Why shouldn’t we be “paranoid” about privacy and due process?
I’d like to see that memorandum. Gotta link?
Hope is not a plan; not all change is good. The resistance is here; the resistance is now. RESIST!!!
ECS