ON THE FLOOR
In a largely symbolic vote the Senate last week voted to allow President Obama to borrow $1.2 trillion more to operate a government that spent about 55 percent more than it collected in revenue last year. The 52-to-44 vote generally followed party lines, with Democrats supporting the increase in borrowing authority and Republicans opposed. Before you applaud the Republicans for their austerity though remember many of them voted for the legislation last year that gave the President to raise the debt limit with practically no Congressional oversight.
CLASS Act Repeal: This week, the House will consider the Fiscal Responsibility and Retirement Security Act of 2011, H.R. 1173. This legislation will repeal the Community Living Assistance Services and Supports (CLASS) Act—a controversial new long term care program included in President Obama’s health care law. The Obama Administration suspended implementation of the program on October 14, 2011, after determining that the program was unworkable and not fiscally sustainable.
Late last year, the House Energy & Commerce Committee, chaired by Rep. Fred Upton, released a video documenting early warnings that were ignored and the eventual admission from the Obama administration that CLASS program is unsustainable. In light of this week’s House vote to repeal the CLASS program, here is the video again for folks who had not yet seen it.
In addition, here is a link to the bicameral investigative report on the Obama Administration’s review and implementation of the failed program:
Budget Reform: This week, the House will consider two bills that will address the broken budget process. The first is the Pro-Growth Budgeting Act, H.R. 3582. This legislation would require that for major legislation that CBO prepare an analysis of the effect that the legislation would have on the U.S. economy. This macroeconomic impact analysis would be supplemental information in addition to the official congressional cost estimate of the legislation. The second budget reform bill is the Baseline Reform Act, H.R. 3578. The current-law baseline assumes that discretionary spending increases by inflation each year. This reform simply removes the assumed increase, thereby leveling the playing field and removing the pro-spending bias from our budget process. (Courtesy of the Budget Committee)
Next week’s full schedule can be seen HERE.
LEGISLATION
We Should Wait
Here is the bill text and Dear Colleague for the Concurrent Resolution that Rep. Jenkins (R-Kan.) plans to introduce on Tuesday. Rep. Jenkins of Kansas will be introducing a concurrent resolution expressing the sense of Congress that any Executive Order that would require federal spending has no binding effect until it is enacted into law through the legislative process. This resolution would therefore clarify congressional authority, as detailed in the Constitution.
This video from the White House following the State of the Union promotes the President’s “We Can’t Wait” initiative, which seems to justify a potentially excessive use of executive orders
It was last introduced by Rep. Jack Metcalf in the 106th Congress (H. Con. Res. 30) and had 84 cosponsors.
NOMINATIONS
Republicans praise abortion architect
President Obama’s appointment Judge Andrew Hurwitz for the 9th Circuit is arguing that his work as a law clerk informed the jurisprudence behind Roe v. Wade.
Daily Caller reports
In a law review paper published in 2002, Hurwitz takes partial credit for drafting opinions as a law clerk that the Supreme Court would later use to frame its landmark decision in Roe v. Wade.
The story goes onto say that Senator Jon Kyl (R-Ariz.) praised Mr. Hurwitz for his work as a jurist, making blocking the nominee more difficult.
In a recent post at National Review Online, Whalen described in detail his concern about Hurwitz’s admiration for the Roe v. Wade decision.
“From Hurwitz’s account, Newman’s ‘careful and meticulous analysis’ included the inability to differentiate between an ‘unfertilized ovum’ (emphasis added) and a ‘fetus’ — an inability that Hurwitz apparently shares,” Whalen wrote. “Hurwitz likewise contends that Newman ‘candidly conceded that a court could never resolve the philosophical issue of whether a fetus was a human being from the moment of conception.’ But that’s not a candid conception; it’s a deep confusion, as the relevant field of knowledge — biology — quite clearly resolves that non-philosophical issue.”
Block that Judge!
Mike Lee (R-Utah) informed GOP leaders last Thursday that he would object to taking up judicial nominations on Jan. 30, effectively blocking Senate action. The Utah senator plans to require Majority Leader Harry Reid (D-Nev.) to limit debate with a cloture vote in order to advance any judicial nominations when the Senate begins work next week. This is to protest the recess appointments of three National Labor Relations Board members and a director for the new Consumer Financial Protection Bureau.
“President Obama used deeply flawed legal reasoning to circumvent the Constitution’s clear requirement that the Senate must be in recess in order to make such appointments,” said Sen. Lee. “The President’s assertion that he may unilaterally determine for himself whether or not the Senate is in recess violates the Constitution’s fundamental separation of government powers and the Senate’s rightful prerogatives.”
“Although some Senate Democrats claim prior ‘obstruction’ of nominees during this Congress, in reality Senate Republicans have willingly allowed the overwhelming majority of the President’s nominations to pass through the Judiciary Committee with little controversy and receive an up or down vote on the floor.”
“Given this President’s blatant and egregious disregard both for proper constitutional procedures and the Senate’s unquestioned role in such appointments, I find myself duty-bound to resist the consideration and approval of additional nominations until the President takes steps to remedy the situation. Regardless of the precise course I choose to pursue, the President certainly will not continue to enjoy my nearly complete cooperation, unless and until he rescinds his unconstitutional recess appointments.”
Senator Lee’s delivered remarks can be viewed here.
Sen. Roger Wicker (R-Miss.) also said Thursday on the Senate floor that he will boycott a Jan. 31 hearing in the Banking, Housing and Urban Affairs Committee, where Cordray, the CFPB recess appointed nominee, is scheduled to testify, so as not to give credibility to the recess appointment.
From Roll Call:
Banking Committee ranking member Richard Sheby (R-Ala.) is planning to attend the hearing to question Cordray, as are Republican Sens. Mike Crapo (Idaho) and Mike Johanns (Neb.).
But a few of the other Republican Senators on the panel may join Sen. Roger Wicker (Miss.) who announced Thursday on the Senate floor that he would boycott.
“I will not provide the administration with the appearance of legitimacy, and I will, therefore, not be in attendance at next Tuesday’s hearing,” Wicker said.
The House Judiciary Committee will be conducting a Hearing on this issue on February 15, 2012. Here, you can read Judiciary Committee Chairman Lamar Smith’s Press Release.
And here is a group letter sent to the Senate on the matter