GOP govs, stimulus strings, and the legality of the Punish Mark Sanford Amendment

By Michelle Malkin  •  February 19, 2009 09:28 AM

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.

Posted in: fiscal stimulus

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Comments


  1. #626831
    On February 19th, 2009 at 9:30 am, Paul Revere said:

    Someone needs to challenge this BEFORE fa la la la la obama get his 2 SupremeCourt justices!

  2. #626836
    On February 19th, 2009 at 9:34 am, sonofdy said:

    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.

  3. #626842
    On February 19th, 2009 at 9:38 am, richardbo said:

    They want to either dazzle us with their brilliance or baffle us with their BS. I’ve not seen much brilliance in government lately.

  4. #626843
    On February 19th, 2009 at 9:38 am, SuzEQCitizen said:

    Mark is getting spanked on talk radio here this morning.

  5. #626846
    On February 19th, 2009 at 9:39 am, Truesoldier said:

    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.

    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?

  6. #626853
    On February 19th, 2009 at 9:45 am, GladzKravtz said:

    If his state override provision remains intact, Clyburn will have won a small victory, as his state and district will not have been prevented from getting a piece of the borrow-and-spend “stimulus” pie. However, the winner of the war will be Mark Sanford – and he will have Clyburn to thank for providing him the ammunition, and the immunity, with which to achieve that.

    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.

    On February 19th, 2009 at 9:30 am, Paul Revere said:

    I’m with you!

  7. #626861
    On February 19th, 2009 at 9:57 am, chapoutier said:

    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?

    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.

  8. #626865
    On February 19th, 2009 at 9:58 am, rplatt said:
  9. #626870
    On February 19th, 2009 at 10:00 am, walterc said:

    Truesoldier said:

    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.

    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?

    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.

  10. #626894
    On February 19th, 2009 at 10:13 am, ArizonaNeanderthal said:

    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.

    THOU SHALL NOT CRITICIZE HE WHO HAS COME:
    An Oklahoma City police officer wrongly pulled over a man last week and confiscated an anti-President Barack Obama sign the man had on his vehicle. The officer misinterpreted the sign as threatening, said Capt. Steve McCool, of the Oklahoma City Police Department, and took the sign, which read “Abort Obama, not the unborn.”

    Chip Harrison said he was driving to work when a police car followed him for several miles and then signaled for him to pull over.

    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.

  11. #626902
    On February 19th, 2009 at 10:17 am, mizzoujgrad said:

    SuzEQCitizen said:
    Mark is getting spanked on talk radio here this morning.

    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.

  12. #626914
    On February 19th, 2009 at 10:21 am, granite said:

    On February 19th, 2009 at 10:17 am, mizzoujgrad said:

    If Sanford takes any of the money he deserves the spanking.

    Why rail against the bailout, only to go meekly along with it once the legislation passes?

    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.”

  13. #626918
    On February 19th, 2009 at 10:22 am, onlybeef42 said:

    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.

  14. #626957
    On February 19th, 2009 at 10:36 am, pianoman said:

    On February 19th, 2009 at 10:13 am, ArizonaNeanderthal said:

    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”.

    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.”

  15. #626998
    On February 19th, 2009 at 10:55 am, Truesoldier said:

    Thanks for the info.

  16. #627065
    On February 19th, 2009 at 11:26 am, Brian72 said:

    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? :smile:

    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?

  17. #627267
    On February 19th, 2009 at 12:56 pm, cheapseat said:

    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.

  18. #627554
    On February 19th, 2009 at 3:19 pm, WarEagle82 said:

    “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.

    On February 19th, 2009 at 9:39 am, Truesoldier said:
    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?

  19. #627663
    On February 19th, 2009 at 4:15 pm, Elm Creek Smith said:

    On February 19th, 2009 at 10:13 am, ArizonaNeanderthal said:

    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”.

    “[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

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