Could It Really Be This Simple?
Mark Tapscott reports that there is a legal opinion out there that says that most earmarks - or at least those not actually attached to bills directly voted on by Congress - could be eliminated by a simple executive order. The earmarks attached to bills by committee reports may not have the actual force of laws.
If the headline on this post seems too good to be true, be assured it reflects an expert legal opinion, that of the Congressional Research Service. The opinion is at the heart of an urgent joint letter sent today to President Bush by the Porkbusters coalition. Here's the key graph:
"A December 18 legal analysis by the Congressional Research Service concluded that 'because the language of committee reports does not meet the procedural requirements of Article I of the Constitution — specifically, bicameralism and presentment - they are not laws and, therefore, are not legally binding on executive agencies… Given both the implied legal and constitutional authority as well as the long-standing accepted process of Presidents, it appears that a President can, if he so chooses, issue an executive order with respect to earmarks contained solely in committee reports and not in any way incorporated into the legislative text.'"
If CRS is correct, then the coalition urges Bush to sign an Executive Order directing executive branch agencies to only recognize earmarks that are included in the text of the just-passed Omnibus spending bill.
The CRS is a division of the Library of Congress, it is not some maverick organization. Is it possible that it would actually be this simple to devastate the earmark system as it exists today? Could the stroke of a pen force Congress to stand up and vote openly on each waste of taxpayer money to fund political paybacks? Do read the Q and A that Tapscott has over there.
You know, after the way the Democratic party leadership has demonized and vilified George Bush, it would be sort of ironic justice if he turned around and did this, wouldn't it?
Other Links to this Post
-
Porkbuster? | BitsBlog — Saturday, 22 December , 2007 @ 5:42 am
-
Public Secrets: from the files of the Irishspy — Sunday, 23 December , 2007 @ 12:56 am
By martian, Saturday, 22 December , 2007 @ 2:39 pm
It would be beyond ironic - it would be pure justice!
By martian, Sunday, 23 December , 2007 @ 1:06 pm
Go for it, Mr. President! Kill those earmarks!