Posted on 03/27/2020 9:16:51 PM PDT by ransomnote
Today, I have signed into law H.R. 748, the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES” Act (the “Act”). The Act makes emergency supplemental appropriations and other changes to law to help the Nation respond to the coronavirus outbreak. I note, however, that the Act includes several provisions that raise constitutional concerns.
Section 15010(c)(3)(B) of Division B of the Act purports to require the Chairperson of the Council of the Inspectors General on Integrity and Efficiency to consult with members of the Congress regarding the selection of the Executive Director and Deputy Executive Director for the newly formed Pandemic Response Accountability Committee. The Committee is an executive branch entity charged with conducting and coordinating oversight of the Federal Government’s response to the coronavirus outbreak. I anticipate that the Chairperson will be able to consult with members of the Congress with respect to these hiring decisions and will welcome their input. But a requirement to consult with the Congress regarding executive decision-making, including with respect to the President’s Article II authority to oversee executive branch operations, violates the separation of powers by intruding upon the President’s power and duty to supervise the staffing of the executive branch under Article II, section 1 (vesting the President with the “executive Power”) and Article II, section 3 (instructing the President to “take Care” that the laws are faithfully executed). Accordingly, my Administration will treat this provision as hortatory but not mandatory.
Section 4018 of Division A of the Act establishes a new Special Inspector General for Pandemic Recovery (SIGPR) within the Department of the Treasury to manage audits and investigations of loans and investments made by the Secretary of the Treasury under the Act. Section 4018(e)(4)(B) of the Act authorizes the SIGPR to request information from other government agencies and requires the SIGPR to report to the Congress “without delay” any refusal of such a request that “in the judgment of the Special Inspector General” is unreasonable. I do not understand, and my Administration will not treat, this provision as permitting the SIGPR to issue reports to the Congress without the presidential supervision required by the Take Care Clause, Article II, section 3.
Certain other provisions (such as sections 20001, 21007, and 21010 of Division B of the Act) purport to condition the authority of officers to spend or reallocate funds upon consultation with, or the approval of, one or more congressional committees. These provisions are impermissible forms of congressional aggrandizement with respect to the execution of the laws. The Congress may affect the execution of the laws only by enacting a new statute in accordance with the requirements of bicameralism and presentment prescribed in Article I, section 7. My Administration will make appropriate efforts to notify the relevant committees before taking the specified actions and will accord the recommendations of such committees all appropriate and serious consideration, but it will not treat spending decisions as dependent on prior consultation with or the approval of congressional committees.
Finally, several provisions (such as sections 3511(d)(4) and 3862 (creating section 744N(d)(1) of the Federal Food, Drug, and Cosmetic Act) of Division A of the Act) purport to require recommendations regarding legislation to the Congress. Because Article II, section 3 gives the President the authority to recommend only “such Measures as he shall judge necessary and expedient,” my Administration will continue the practice of treating provisions like these as advisory and non-binding.
DONALD J. TRUMP
THE WHITE HOUSE,
March 27, 2020.
Statements & Releases
On Friday, March 27, 2020, the President signed into law:
H.R. 748, the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act,” which provides emergency assistance and health care response for individuals, families and businesses affected by the COVID-19 pandemic, and provide emergency appropriations to support Executive Branch agency operations during the COVID-19 pandemic.
Imagine if you would, running for re-election as President, and getting the Congress to give you the biggest economic stimulus in human history, and the Fed giving you Zero percent interest rates.
President Trump just pulled that off.
By November, the economy will be roaring like a raging bull on steroids, and border wall will be going up like the race to build the trans-continental railroad.
So much winning.
If you're going to blame somebody, blame Paul Ryan for losing the House and we know since the Dems hold the House we need to negotiate and get the best out of the deal.
Like a Boss!
Interesting provision here - the Federal Reserve can, if it chooses, avoid the legal requirement to publish its minutes until the National Emergency is over. Basically they can print, spend money, and bailout literally anything, and not have to say a word.
I blame them all. They know what they’ve done. To much non-essential spending in this crap sandwich.
Yeah right! Its “Trust Sessions” all over again. President Trump just lost a critical part of his base by signing this monstrosity. He traded his support by true conservatives to appease people who will never vote for him. It will come back to bite him and it will be the same people who suckered him into signing it that will be doing the biting. Stop celebrating this as a win, unless you are a big time socialist democrat in which case break open the champagne, the 2020 election is now theirs to loose. And I too though Trump was a great President, he certainly had me fooled. I no longer feel compelled to crawl over broken glass if necessary to vote for him. Heck, I may just sit it out since the democrats win anyway even when we are in charge.
Lets see if I have this correct...
2 trillion bucks is earmarked to
Help keep large businesses afloat
Help for small businesses to make payroll(s).
Help for staes to boost the unemployment funds.
WHO needs the ‘bonus’ checks as presented?
Schools are feeding the ‘children’
Those that HAVE to work are getting some free child care.
Those that HAVE to work are receiving pay checks.
Small businesses are given payroll money.
PDJT (was going to??) says Corps can’t buy their own stocks BUT are they able to take the ‘new money’ and give themselves bonuses?
Definitely reeks of creative bookkeeping....
Curious What should have been done instead?
It feels like Boehner all over again. Why is our response always to spend more money? Why can’t people take personal responsibility and SAVE for once?
There’s no good solution, but the best way to do it would to have returned past tax dollars. Ie, someone who paid $15,000 last year can get some of their money back, etc etc in compensation for their livelihoods being taken by the government for the timebeing. Same thing for corporations with corporate taxes.
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