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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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To: SeekAndFind

You tell the depts they lose funding for implimenting it and will be eliminated as a dept in the next cycle if they ‘do’ amnesty on the EO authority or lack of it. All people will be held in contempt of congress and prosecuted individually.


21 posted on 11/06/2014 9:25:31 AM PST by Norm Lenhart (Feet to the fire folks. YOU PROMISED!)
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To: SeekAndFind

TEMPLATE FOR FEDERAL INJUNCTION AGAINST EXECUTIVE AMNESTY

http://www.freerepublic.com/focus/f-news/3217959/posts

Particular #1, #2 and #28.


22 posted on 11/06/2014 9:26:19 AM PST by Hostage (ARTICLE V)
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To: SeekAndFind
I don't like any of this plan. It presupposes that Zero holds office legitimately and that his EOs will be effective. IIRC, Congress has the power to rescind an Executive Order. Why is that not mentioned here?

In the mean time, why not finally get to the bottom of Zero's background? Send the House Sergeant at Arms to Hawaii to read those birth books, send him to Occidental and Columbia to get those transcripts, and get to the bottom of his fraud with regard to his Social Security number, and find out who this creep really is.

NOTHING would curtail Zero's shenanigans more than putting him on the defensive in a fight for his political life.

23 posted on 11/06/2014 9:29:41 AM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: SeekAndFind

Pass a law enforcing current law and requiring deportation and locals to turn criminals over.

Defund everything related.

Tell him impeachment will be initiated.

Initiate impeachment of Eric Holder until he actually leaves.

Eliminate funding to La rasa and other pro-illegal groups.

Withhold federal funds to sanctuary cities, counties and states.

Voter ID laws.

Prohibit federal funding for benefits to illegals.

Build the wall and ashore up border patrols and deportation staff.


24 posted on 11/06/2014 9:30:36 AM PST by morphing libertarian
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To: SeekAndFind

The 8 million illegal aliens Obama wants to grant Amnesty to equals the combined population of New Hampshire, Rhode Island, Montana, Delaware, South Dakota, Alaska, North Dakota, DC, Vermont, Wyoming, and the US Territories of Guam, US Virgin Islands, American Samoa, and Northern Mariana Islands.


25 posted on 11/06/2014 9:30:42 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

Republicans need to convince Biden that this is his only chance to become President - Convince a majority of the Cabinet that Obama is disabled under the 25th Amendment due to mental issues and that Obama cannot carry out the office of the president. Then have Bite-me take over.


26 posted on 11/06/2014 9:41:23 AM PST by mrs9x
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To: morphing libertarian
Pass a law enforcing current law and requiring deportation and locals to turn criminals over.

I'm with you in spirit.

But if laws worked we wouldn't have 30 million illegals walking freely around the country.

Criminals like Eric Holder and Lois Lerner would be in prison.

And Barack Obama would never have been allowed to run for election to the presidency.


27 posted on 11/06/2014 9:43:44 AM PST by Iron Munro (“EARBOLA” – the nausea one gets when hearing the sound of Barack Obama 's voice)
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To: SeekAndFind

First, we should ALWAYS refer to it as “Obama’s illegal executive amnesty,” and hammer away at the theme that immigration law is for the Congress to decide, not the POTUS.

Second, we should always say and write that any green cards etc granted by Obama’s illegal executive amnesty will be null and void, invalid, bogus etc. We should tell illegal aliens and their supporters that any invalid, illegal green cards will eventually be used to track them down and deport them.


28 posted on 11/06/2014 9:50:50 AM PST by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: SeekAndFind

ummmm....Congress has the power to overturn an executive order by passing legislation in conflict with it.


29 posted on 11/06/2014 9:51:29 AM PST by stylin19a (Obama ----> Fredo smart)
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To: SeekAndFind

After reading that I don’t really care what Allah Pundit says Impeachment IS the only route to go. We the people need to make that wave next.


30 posted on 11/06/2014 9:52:07 AM PST by rockinqsranch ((Dems, Libs, Socialists, call 'em what you will. They ALL have fairies livin' in their trees.))
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To: SeekAndFind

what ever happened to that 6 billion dollars that ended up missing a Hillary’s state dept? Sounds like slush fund material.


31 posted on 11/06/2014 9:52:47 AM PST by molson50
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To: Norm Lenhart

70-80% of the country opposes amnesty. The press can’t cover for him on this one.


32 posted on 11/06/2014 9:57:43 AM PST by stephenjohnbanker (The only people in the world who fear Obama are American citizens.)
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To: demshateGod

I’ve said for some time that a Provisional Court, set up on the steps of the Supremes, charging the Grand Kenyan with treason and/or failure to perform, would work just fine. Use the authority of the 14th amendment. We need a bill of particulars and a little help. I’ll be there if I can get a few wingmen——Semper Fi.


33 posted on 11/06/2014 10:12:09 AM PST by cherokee1 (skip the names---just kick the buttz)
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To: SeekAndFind
The new Congress needs to CATCH UP ON Obama's PAST crimes such as:

1) Illegal bombing of Libya w/out Congress approval
2) Benghazi
3) Illegal recess appointments to NLRB
4) Illegal Voter suppression of Tea Party by IRS
5) Illegal release of 5 Taliban Commanders w/out notifying Congress
6) MULTIPLE instances of perjury before Congress by Holder, Lerner, Koskinen, etc.. WHY AREN'T THESE PEOPLE IN JAIL????

The new Congress needs to bring ACCOUNTABILITY back to gov't!!

34 posted on 11/06/2014 10:15:59 AM PST by Obama_Is_Sabotaging_America
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To: KoRn

I agree...The GOP-E does whatever the Chamber of Commerce wants...and they want Amnesty.


35 posted on 11/06/2014 10:18:56 AM PST by bimboeruption (REMEMBER MISSISSIPPI!)
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To: Iron Munro

For a POTUSA to secure and obfuscate his personal history is something only persons like Obama and his enablers like Jarrett would dare do. When it all gets shaken out the world will know that Obama was from mama named Stanley Ann and a SE Asian Muslim cult guru named Muhammed Subuh. Then there is a very extended history of Obama through world communist connections.


36 posted on 11/06/2014 10:44:14 AM PST by noinfringers2
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To: bergmeid

0bama will veto anything.

The only lever Republicans have is to shut down the whole government by sending a conservative budget supported by the American people to 0bama that he Vetoes.

Then, shut ‘er down.

Keep submitting the SAME budget each week for a fresh Veto.


37 posted on 11/06/2014 11:13:29 AM PST by Uncle Miltie (I'M WITH CRUZ!)
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To: bergmeid

The Republicans have forsworn forever the possibility of defunding anything at all.


38 posted on 11/06/2014 11:16:20 AM PST by arthurus
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To: SeekAndFind

Obama will pretend to wish nothing but absolute power or he will protest and do nothing or do these kinds of amnesties.

He could care less about blocking nominees, it is all political food for him.

The only way to counter that is to enhance the powers of the States, representation of the people and amnesties of tax payers in this. Fine the government for going ahead and following zero in this.

If you show preferences and start having Obama send in troops, then we win. But if all we do is look like a bunch of troopers, we will lose this war.


39 posted on 11/06/2014 11:44:26 AM PST by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: Iron Munro
most likely insane

If true, the 25th applies. Maybe Joe wants to step up as acting golfer-in-chief? I'm not sure what the current implementing legislation is regarding section 4 of the 25th, but I believe such exists. Properly staged, it could make an interesting news cycle.

40 posted on 11/06/2014 12:01:27 PM PST by JohnBovenmyer (Obama been Liberal. Hope Change)
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