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What should the GOP do to try to stop Obama’s executive amnesty?
Hotair ^ | 11/6/2014 | AllahPundit

Posted on 11/06/2014 8:57:08 AM PST by SeekAndFind

Don’t say “impeach.” You know that’s not happening. I’m asking for countermeasures here that are within the Overton window.

Conn Carroll writes, “If Republicans let Obama get away with this they are essentially repudiating any mandate they received from their own voters Tuesday.” He wants to see some defunding — not of the entire government, which is a nonstarter given that McConnell has ruled out any new shutdowns, but of O’s new immigration measures specifically.

The only thing Republicans can do now is use the power of the purse to constrain Obama’s executive power. They must pass an appropriations bill that specifically denies all funding for issuing work permits and other documents to any illegal alien seeking prosecutorial discretion. Or limit the number of permits issued to something in line with historical norms.

That seems nice and symmetrical. Question for budget wonks, though: Isn’t there some sort of workaround the White House could manage to fund the amnesty regardless, i.e. some sort of slush fund within DHS’s budget that could be used to pay for new obligations at the president’s direction? There’s so much money sloshing around in the executive branch, it’s hard to believe tying O’s hands would be as easy as this. Plus, for McConnell and Boehner, the art of countering executive amnesty is to do it in a way that doesn’t hand Democrats an easy talking point to appeal to Latino voters. To some extent that’s inevitable — any attempt to block amnesty will be spun as “Republicans hate immigrants” — but refusing to pay for O’s amnesty order is as targeted as it gets. I bet both GOP leaders are leery of confronting O that directly on immigration with their eyes already on 2016.

So how about something less direct? Robert Tracinski has an idea:

Mitch McConnell has a big piece of leverage to use against them. Under Harry Reid, Democrats weakened the filibuster and a whole host of other rules that used to give some real power to the Senate minority. Either they couldn’t look forward far enough to project the day when they would lose their majority—or they were counting on Republicans to be magnanimous and restore the old rules. McConnell can always promise that yes, he will restore the old system and make life in the minority a lot less difficult, but only so long as Senate Democrats back him up on a few key issues like this one—which are, after all, merely attempts to protect the constitutional prerogatives of the Senate itself. After all, why bother wrangling about Senate rules if Congress has been made irrelevant?

In other words, McConnell could offer to keep Reid’s new rule that bars filibusters of presidential nominees (except to the Supreme Court) unless Senate Democrats refuse to join him in opposing executive amnesty. There’s an elegance to that. Like Tracinski says, if Obama’s going to step on Congress’s institutional prerogatives by arrogating the power of amnesty to himself, McConnell might as well step on the executive’s prerogatives by refusing an up-or-down vote on Obama’s nominees. If the White House doesn’t like that, hey, they started it. And if the gambit works and some Senate Dems swing around to the GOP’s position in opposing executive amnesty, it’d be a master stroke: Bipartisan opposition to this order is the only way realistically for Boehner and McConnell to defuse the “Republicans hate immigrants” attacks. Just one question: Er, will conservatives go for this? Tracinski’s plan requires McConnell to continue the Reid rule about simple majority approval of O’s nominees if O plays ball on amnesty. What happens if Obama postpones his order indefinitely and then nominates someone terrible to replace Holder as AG? There’ll be no filibuster; all Democrats would need are five Republican votes to flip for confirmation. You know the roll — Murkowski, Collins, Kirk, Graham, etc etc. Five votes isn’t out of the question, especially in a caucus that’s eager to prove to voters before 2016 how “reasonable” they are. How would you feel about that outcome to start the exciting new Republican Congress?

I’m not particularly worried about this scenario because I’m convinced that Obama will issue his amnesty order no matter what threats the GOP makes; his credibility with his base now depends on it. Tracinski, though, thinks O is bluffing on immigration. If he’s right, then yeah, the scenario I just described is plausible. In which case, how about upping the deterrence a bit further? Joel Pollak favors a combination of the Carroll and Tracinski plans:

[McConnell] has only one real power that no one else can take away: the power to bring bills to the floor.

That means McConnell can block any and all of Obama’s appointments, both executive and judicial. And that is what McConnell should threaten to do if Obama attempts to carry out executive amnesty. It is a threat that is directly related to the powers that Obama proposes to abuse, and it is better than threatening to defund the government or even particular agencies, which would have the disadvantage of punishing innocent individuals.

If Obama persists, then defunding is on the table–but it should remain targeted. And it should aim directly at the White House itself, cutting funding for all positions necessary to carrying out the president’s non-security powers, even grounding Air Force One if necessary.

Obama’s taking Congress’s power away so Congress is going to take away some of his power, not only by refusing to let him fill vacancies but by stripping most of his funding for the White House. You don’t have the problem of McConnell following Reid’s rules here, and you don’t have the problem of the GOP angering Latinos by obstructing amnesty directly. This is targeted at Obama himself, the safest political target in America after another big red wave, with little loyalty to the White House left among Democrats in Congress. If they’re going to try something like this, though, they need to start explaining it to the public right now. Democrats will go all out to frame Pollak’s plan as the ultimate example of GOP petulance towards a president they hate (in addition to the immigrants they supposedly hate, of course), proof that Republicans’ first instinct after being handed power is to spitefully take away the president’s toys, not govern. McConnell would need to frame the argument in constitutional and symmetrical terms: It’s Obama who’s encroaching on Congress’s power, not vice versa. This is a separation of powers dispute; immigration is just the battlefield on which it’s being fought. There are plenty of soundbites from constitutional scholars, starting with Jonathan Turley, to back the GOP up on that.

My main reservation about Pollak’s plan is that it seems like a prelude to an immigration deal between Obama and the GOP. O can’t bow to McConnell and rescind his amnesty order just because the Senate refuses to confirm his appointees. He needs to save face. And the only way to do that is to preserve the amnesty through legal means by reaching a deal with GOP leaders to pass a new immigration bill. Whatever bill emerged would be tougher than the Gang of Eight bill (I think), but it won’t be so tough as to undo amnesty entirely. Otherwise Obama won’t agree to it. So they’ll work out some sort of deal and then McConnell will lift his opposition to Obama’s nominees, and we’ll be left with … something on immigration. You trust the GOP leadership to drive a hard bargain on amnesty with 2016 looming, don’t you?


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government
KEYWORDS: aliens; amnesty; gop; immigration; obama
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1 posted on 11/06/2014 8:57:09 AM PST by SeekAndFind
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To: SeekAndFind

Defund. We have a House majority now and don’t need to wait until January. DEFUND.


2 posted on 11/06/2014 9:01:49 AM PST by bergmeid
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To: SeekAndFind

Everything and up to calling on the American People to drag him off the golf course for (self censored): Whatever it takes to remove him from office, not try to remove him from office, doing whatever it takes to actually remove him.


3 posted on 11/06/2014 9:04:51 AM PST by demshateGod (The fool hath said in his heart, There is no God.)
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To: SeekAndFind

Barack is an irrational sociopath - most likely insane.

There is nothing legal republicans can directly do to stop him.

Once the reality of the situation sinks in with democrat senators, republicans could try to reason
with some of them to restrain Obama or their own lives will be even more miserable the next two years.


4 posted on 11/06/2014 9:05:29 AM PST by Iron Munro (4)
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To: SeekAndFind

Nice plan. But seems to assume there is a backbone where no exists...


5 posted on 11/06/2014 9:06:09 AM PST by ArtDodger
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To: bergmeid

RE: Defund. We have a House majority now and don’t need to wait until January. DEFUND.

Can you elaborate? How do you defund amnesty?


6 posted on 11/06/2014 9:06:33 AM PST by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: Iron Munro
Barack is an irrational sociopath - most likely insane.

No truer words ever written. King Obama is beyond just insane if there is anything beyond.

7 posted on 11/06/2014 9:09:00 AM PST by Logical me
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To: SeekAndFind

What should the GOP do to try to stop Obama’s executive amnesty?

May I suggest Club Gitmo


8 posted on 11/06/2014 9:09:20 AM PST by eyeamok
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To: SeekAndFind

I see revenge as easy. We pass a balanced budget omnibus bill— One big bill funding the government and lowering revenues. (except we dont fund obama care and illegal amnesty) . It passes the House first and then the Senate.in JANUARY ( we don’t give a tinkers damn about fast track trade give away authority— now or ever!!).
We send the Bill funding of the government to the president and ask him this question. “Do you want to shut down the government with your “pen”.”
We win either way.


9 posted on 11/06/2014 9:11:49 AM PST by iowacornman (. He is the father of government health care.)
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To: SeekAndFind

Can you elaborate? How do you defund amnesty?


As the article mentioned, the Pubbies can hit Hussein where it hurts and defund the White House. The RATS will scream about racist attacks on the One but he is not popular anyway so who cares?


10 posted on 11/06/2014 9:11:59 AM PST by fifedom
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To: SeekAndFind

With a somewhat normal person who has some respect for the law and a fear of negative consequences, defunding might work to some extent.

But Obama has already shown he has no respect for the law or the constitution.
He relies on the media to protect him from negative fallout when he breaks the law and they never fail to deliver.

Many times he has already illegally spent unauthorized funds to do whatever he pleases without repercussions.


11 posted on 11/06/2014 9:12:14 AM PST by Iron Munro (4)
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To: SeekAndFind
Impeach the son of gun for not enforcing the laws already on the books. If you don't want to go after Obama personally (due to the ole race card canard); then go after his minions that are not enforcing the laws on the books. I would suggest going after either the head of border patrol or Eric Holder for his involvement in Fast and furious and for not prosecuting those who enter the country illegally.

This would call Obama’s bluff and make people realize that what he is suggesting doing by executive action is clearly against the law. Bring Fast and furious back to the front to show why this is such an important issue. Not in boring demographic terms; but in the terms of you might get shot by gang members while on vacation in San Diego.

Seize the initiative and make the democrats defend why we need to break federal law to allow the “undocumented” in this country. In case of doubt attack. -George S Patton.

12 posted on 11/06/2014 9:14:29 AM PST by Idaho_Cowboy (Ride for the Brand. Joshua 24:15)
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To: SeekAndFind

How do we know the GOPe REALLY wants to stop him? They might say they don’t like it, and will publicly raise hell about it for the cameras, but see whether they truly do anything to stop it. I won’t be holding my breath....


13 posted on 11/06/2014 9:16:40 AM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: SeekAndFind

The ***ONLY*** thing the Congress can do to stop Obama is cut his funding.

He’s going to spend the next two years taking everything he wants via executive order.

He’s not going to look to Congress for anything.

So the only thing you can do is cut his funding.

The great irony is that Obama and his cabinet have argued for a couple of years now that they don’t even need Congress to raise taxes and spending.

HAVE THAT FIGHT.

The ***ONLY*** thing Congress can do is cut his funding.

It’s the only weapon they have.

And now that they’ve announced they’re not going to do that, then there will be no fight against the Obama agenda I guess....


14 posted on 11/06/2014 9:17:14 AM PST by Tzimisce
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To: SeekAndFind

Treat the nations borders as a national park and close them down by defunding enforcement of any amnesty.


15 posted on 11/06/2014 9:18:07 AM PST by puppypusher ( The World is going to the dogs.)
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To: SeekAndFind

I would issue a statement immediately, and an advertisement, that executive amnesty:

1. Does not confer citizenship

2. Does not confer green card

3. Does not pardon other crimes

4. Does not prevent deportation, since it only forgives the crime of illegal entry.

5. Therefore, it does not confer immigrant status of any variety....only cessation of any prosecution for illegal entry.


16 posted on 11/06/2014 9:19:15 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: SeekAndFind
It's very simple.

(1) Fund every penny that is funded now, except all DHS, ICE, HHS and USCIS activities that deal with amnesty, work permits, green cards for illegals AND unaccompanied minors. Then let Obama defend his amnesty or take the entire shutdown on himself.

(2) No votes on ANY nominees until Jan 20, 2017. No judges, No Attorney General, no subcabinet secretaries. NOTHING. And thanks to the SCOTUS ruling, Obama could not recess appoint ANYONE if the House declares the Congress is always in session.

17 posted on 11/06/2014 9:21:03 AM PST by montag813
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To: SeekAndFind

Arrest, Impeach, Deport!


18 posted on 11/06/2014 9:21:45 AM PST by Torquay
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To: SeekAndFind

Defund. Period. Defund everything now to the greatest possible extent and hand him back only what keeps govt open.

Get on TV and the net 324/7 if needed and repeat the govt remains open as long as Barry signs the paper. When he refuses, it is on him. And drive it home.

Ignore all scraming, say “As Obama said, We won”.


19 posted on 11/06/2014 9:23:24 AM PST by Norm Lenhart (Feet to the fire folks. YOU PROMISED!)
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To: montag813

Want to stop amnesty? Simple. One bill with one page that calls for the closure of the border. Don’t attach it to any other bill. “Clean” as Obama would say.

Put it on his desk and see what he does. A veto kills the democrat party.


20 posted on 11/06/2014 9:24:02 AM PST by EQAndyBuzz (Ebola: Satan's End Game for Humanity.)
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