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Boehner’s ‘Pledge’ Talks Tough on the Constitution. But to What End?
WSJ ^ | 23 Sep 2010 | Ashby Jones

Posted on 09/23/2010 8:06:17 AM PDT by Palter

The papers are all atwitter on Thursday (WSJ, NYT, WaPo) with news of a new proposal by House Republicans to be unveiled formally Thursday morning.

The proposal, titled “A Pledge to America,” lays out, much as House Republicans did back in 1994 with their “Contract With America,” a blueprint for action going forward. Among the ideas: shrink the size of government, repeal the health care act passed in March, and cut a variety of types of taxes.

We here are a Law Blog. So we’re not going to spend much time on the actual proposal; we’ll leave that to the Beltway partisans and policy wonks.

But one section of “The Pledge” intrigued us: specifically, a “pledge” to “adhere to the Constitution,” found on page 18 of the document. It reads:

Adhere To The Constitution: For too long, Congress has ignored the proper limits imposed by the Constitution on the federal government. Further, it has too often drafted unclear and muddled laws, leaving to an unelected judiciary the power to interpret what the law means and by what authority the law stands. This lack of respect for the clear Constitutional limits and authorities has allowed Congress to create ineffective and costly programs that add to the massive deficit year after year. We will require each bill moving through Congress to include a clause citing the specific constitutional authority upon which the bill is justified.

It’s an interesting thought, and on the one hand, we appreciate a nod to the Great Document (given the amount of time we spend writing about it on these pages).

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; Politics/Elections
KEYWORDS: boehner; congress; constitution; pledgetoamerica; republican

1 posted on 09/23/2010 8:06:19 AM PDT by Palter
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To: DBrow

Constitutional grounds, etc. Will be interesting if they make this a promise and what they justify as legislation in the future.


2 posted on 09/23/2010 8:07:55 AM PDT by Palter (If voting made any difference they wouldn't let us do it. ~ Mark Twain)
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To: Palter

I’m still trying to figure out how they justify the GM BUYOUT.


3 posted on 09/23/2010 8:10:46 AM PDT by Sacajaweau (What)
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To: Palter

On that premise alone, it should eliminate 3/4 of the Federal government (save for Defense and the White House Staff).


4 posted on 09/23/2010 8:12:41 AM PDT by LibFreeUSA (Show me what Obama brought that was new and there you will find things only radical and destructive.)
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To: Sacajaweau
"I’m still trying to figure out how they justify the GM BUYOUT."

They??? The Republicans didn't buyout GM, Obama did. His justification? He won.

5 posted on 09/23/2010 8:14:05 AM PDT by norwaypinesavage (Galileo: In science, the authority of a thousand is not worth the humble reasoning of one individual)
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To: Palter

I propose cutting the federal budget 12.5 pct over the next four years. Any idiot even on this forum could cut 6.25 pct just in waste then an across the board cut of 6.25 pct of every bureau or agency should get the job done. We can revisit it again in 4 years when we have cut to size of govt in half. Thinking American’s are waiting for such bold and common sense moves because they know it is necessary for our future.


6 posted on 09/23/2010 8:16:54 AM PDT by vicar7
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To: Palter

A real yawner. The Contract With America was a novel idea but IIRC they only actually passed one component (welfare reform) and reneged big time on another (term limits). In the end the turned into Democratic Party Lite and, amazingly enough, gave the Dems the chance to run as the party of fiscal conservatism. When they do this I think of Charlie Brown and a football.


7 posted on 09/23/2010 8:17:04 AM PDT by Oshkalaboomboom
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To: Palter

There was something similar a few years back called the “enumerated powers act” which required every bill to include which of the enumerated powers of Congress authorized them to pass the bill.

I wrote to my [rat] Congressman to support it (I knew he wouldn’t), and he wrote back that the Supreme Court has already ruled that the commerce clause gives Congress the power to pass any law.


8 posted on 09/23/2010 8:17:23 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Oshkalaboomboom

Now, whose fault was it that they turned into “Dem Light”?

Could that be OUR fault, that we had our guys in power and didn’t hold their feet to the fire?


9 posted on 09/23/2010 8:18:42 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Palter

I wonder what it is they pledge to when they take the oath for their office /s

Now they have to reassure us that they will start following the Constitution which means they are openly admitting they have ignored it. They should all be run out on a rail.


10 posted on 09/23/2010 8:18:56 AM PDT by Outlaw Woman (Extremism in defense of Liberty is sometimes necessary...)
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To: Sacajaweau

Because Obama&Co. said it was to big to fail.


11 posted on 09/23/2010 8:21:53 AM PDT by Vaduz
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To: norwaypinesavage
The beginning of the justification would be if TARP was Constitutional on any grounds.

TARP bailed out GM, etc. and went more extreme from there.

12 posted on 09/23/2010 8:28:09 AM PDT by Palter (If voting made any difference they wouldn't let us do it. ~ Mark Twain)
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To: Oshkalaboomboom
When they do this I think of Charlie Brown and a football

Because you too busy looking for something to bitch about to actually take the time and go read the document in question.

13 posted on 09/23/2010 8:29:16 AM PDT by MNJohnnie (The problem with Socialism is eventually you run out of other people's money. Lady Thatcher)
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To: Outlaw Woman

Good point.


14 posted on 09/23/2010 8:30:20 AM PDT by ryan71 (Let's Roll!)
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To: Palter

I hope it’s not like the Contract of 1994. That was a dead letter only 2 years later.


15 posted on 09/23/2010 8:31:44 AM PDT by WOBBLY BOB ( "I don't want the majority if we don't stand for something"- Jim Demint)
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To: Palter

The “end” had better be CUTTING SPENDING dramatically or else the GOP is dead.


16 posted on 09/23/2010 8:36:20 AM PDT by Opinionated Blowhard
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To: Palter

We do not need any more laws or acts. None zero zip. We only need to begin repealing all the crap they have done in the last 50 years and firing government employee pests.


17 posted on 09/23/2010 8:42:54 AM PDT by screaminsunshine (counter revolutionary)
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To: MNJohnnie
Because you too busy looking for something to bitch about to actually take the time and go read the document in question.

My mother had a saying: paper never refuses ink. They can write whatever they want, just like they did with the CWA. Believe the results when you see them.

18 posted on 09/23/2010 9:32:15 AM PDT by Oshkalaboomboom
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To: Oshkalaboomboom; MNJohnnie

Seven of the nine contract items were passed by the House of Representatives.


19 posted on 09/23/2010 2:17:32 PM PDT by Jacquerie (A good Muslim cannot be a patriotic American.)
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To: Palter

Thanks for the ping.

Well, this is something they can be doing NOW- stand up on the floor and ask the bill sponsor what, exactly, in the Constitution authorizes this?

It’s nice they put it in their pledge, it’s a fine idea, it will provide a focus like the Contract With America did and that might be a good thing.

But why wait, why not do it now, and why haven’t they?


20 posted on 09/23/2010 6:17:32 PM PDT by DBrow
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