There has not been an abdication of national leadership like this since British King Edward VIII announced on December 10, 1936, he would relinquish the Crown to marry Wallace Simpson. Yesterday, Senator Majority Leader Mitch McConnell, when it comes to the Article 1, Section 9 enumerated powers of Congress to appropriate and draw money from the Treasury, put on his best impersonation of Gilda Radner’s SNL personna Emily Litella, telling the Nation, “Never mind!” Consider the following exchange with a reporter following a meeting of the Republican caucus.
REPORTER: Are you concerned about the president, when he says, I’m unsure about the deal here, but he suggests he might use transfer authority to move money around? The pot of money is only so big, and if some of those monies be put towards these DNS priorities or moved around from Defense or disaster aid, and could that create a problem?
MITCHELL: First, I think he should sign the bill. And second, I think he ought to feel free to use whatever tools he can legally use to enhance his effort to secure the border. So, no, I would not be troubled by that.
Too bad not one of the reporters participating in this gaggle followed up with the obvious question, “Senator, would you consider the re-appropriation of federal funds without Congressional approval a legal use of executive power?” And just imagine what Mitchell’s response would have been if President Obama had diverted disaster relief funds used to mitigate tornadoes and flooding in Kentucky to fix the water system in Flint, Michigan or used an executive order to address what he saw as a national priority.
Oh wait! You don’t have to imagine it. Here is McConnell’s response to Obama’s executive order to extend temporary protection for “dreamers” when Congress failed to renew DACA. Claiming the 2014 mid-term elections should have sent a clear message to the President where the nation stood on the issue. “It would be the equivalent of waving a red flag in front of a bull.” Then House Speaker John Boehner went one step farther, referring to the President as “Emperor Obama.”
For you non-political junkies, here is a reminder of the “will of the people.” In the 2014 mid-terms, Republican candidates for the House of Representatives garnered 39.9 million of 78.8 million total votes cast (50.6%). In 2018, Democrats pulled 59.5 million out of 110.1 total ballots (53.2%) for House races. So much for listening to the voters, Mitch.
Call it what you wish, but Mitch McConnell and the GOP daily practice what is the Constitutional equivalent of “situational ethics.” They believe in a literal interpretation of the founding documents until it no longer serves their purpose. For the moment, it appears federal judges have not pulled a McConnell when it comes to their Article III powers and responsibilities. If and when Donald Trump tries to move a single dollar from disaster relief for Puerto Rico or California, one can only hope all those attorneys who advertise on television or send us mail offering to represent us in class action suits, file cases on behalf of those who have lost their homes and businesses during hurricanes and wild fires.
Trump must be counting his blessings the U.S. Attorney for the Southern District of New York does not have general oversight responsibility for the executive branch. Otherwise, when it comes to violating his oath “to faithfully execute the Office of President of the United States, and will to best of my ability, preserve, protect and defend the Constitution of the United States,” Individual 1 would once again be considered an unindicted co-conspirator.
For what it’s worth.
Dr. ESP