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Can states override governors on stimulus? Report raises doubts [Clyburn amendment unconstitutional]
The Kansas City Star, Kansas City, Mo. ^ | 2009-03-17 | James Rosen

Posted on 03/17/2009 9:45:50 PM PDT by rabscuttle385

A new nonpartisan congressional report to be released Wednesday raises constitutional questions about whether state legislatures have the power to seek economic-stimulus funds that their governors reject.

Such questions could imperil stimulus funds for South Carolina and Texas, whose governors have said that they'd reject some of their states' share of the money.

The report by the Congressional Research Service, the nonpartisan research arm of Congress, casts doubt on a key provision of the $787 billion stimulus bill that President Barack Obama signed into law last month, according to people familiar with the report, who couldn't be named because they weren't authorized to discuss it publicly.

The clause, aimed at bypassing governors who oppose using deficit spending to jolt the economy, authorizes a state's legislature to apply for the stimulus funds if its governor fails to do so within 45 days of the stimulus measure's Feb. 17 enactment - by April 3.

That provision could be challenged over whether it blurs constitutional separation of powers between executive and legislative branches of state government.

(Excerpt) Read more at kansascity.com ...


TOPICS: Business/Economy; Front Page News; Government; US: Louisiana; US: Mississippi; US: South Carolina; US: Texas
KEYWORDS: 111th; bho2009; bho44; clyburn; congress; constitution; democratcongress; economy; first100days; marksanford; obama; perry; porkulus; porkulusmaximus; senate; separationofpowers; statesrights; stimulus; ussenate
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1 posted on 03/17/2009 9:45:51 PM PDT by rabscuttle385
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To: bamahead
That provision could be challenged over whether it blurs constitutional separation of powers between executive and legislative branches of state government.

*Ping!*

2 posted on 03/17/2009 9:46:36 PM PDT by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
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To: upchuck; SC Swamp Fox

Mark Sanford/South Carolina ping!


3 posted on 03/17/2009 9:48:13 PM PDT by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
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To: rabscuttle385

That provision was put in the bill by that clymer Clyburn precisely to thwart Sanford. Bring it on!


4 posted on 03/17/2009 9:56:40 PM PDT by bigbob
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To: rabscuttle385; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; ..



Libertarian ping! Click here to get added or here to be removed or post a message here!
5 posted on 03/17/2009 10:02:46 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: rabscuttle385

Imagine Bawney Fwank coming in and saying “We own your state”.


6 posted on 03/17/2009 10:12:35 PM PDT by Mike Darancette (We have nothing to fear but Obama himself.)
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To: rabscuttle385
The states should kick the feds out and start printing their own currency. Montana is at least looking into the possibility of accepting silver and gold dollars as currency. I thought this was already legal everywhere, but I guess not.
7 posted on 03/17/2009 10:23:49 PM PDT by Force of Truth (Sarah Palin in 2012!!!!!! WOOOHOOOOO!!!!!!!!!)
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To: rabscuttle385

What are they going to do if we don’t accept the stupidity stimulus? Send the military after us? We ARE the military.


8 posted on 03/17/2009 10:26:34 PM PDT by Force of Truth (Sarah Palin in 2012!!!!!! WOOOHOOOOO!!!!!!!!!)
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To: Mike Darancette

Imagine Bawney Fwank coming in and saying “We own your state”.**

You mean Barney Flank?


9 posted on 03/17/2009 10:28:36 PM PDT by Force of Truth (Sarah Palin in 2012!!!!!! WOOOHOOOOO!!!!!!!!!)
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To: Mike Darancette
Imagine Bawney Fwank coming in and saying “We own your state”.

Then imagine him leaving tarred and feathered.

10 posted on 03/18/2009 1:55:04 AM PDT by appleseed
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To: rabscuttle385

...The separation of powers, like the constitution is a joke to these government clowns...


11 posted on 03/18/2009 2:37:46 AM PDT by gargoyle (It does not require a majority to prevail, but rather an irate, tireless minority,/ snip. S. Adams.)
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To: AdmSmith; Berosus; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; george76; ...
A new nonpartisan congressional report to be released Wednesday raises constitutional questions about whether state legislatures have the power to seek economic-stimulus funds that their governors reject... The clause, aimed at bypassing governors who oppose using deficit spending to jolt the economy, authorizes a state's legislature to apply for the stimulus funds if its governor fails to do so within 45 days of the stimulus measure's Feb. 17 enactment - by April 3. That provision could be challenged over whether it blurs constitutional separation of powers between executive and legislative branches of state government.

12 posted on 03/18/2009 2:59:58 AM PDT by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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To: rabscuttle385

NO— THEY CANNOT!

Unless the Governor of that state has usurped power of the state to DC.....


13 posted on 03/18/2009 4:17:59 AM PDT by eeevil conservative (GIVE ME A PLACE TO STAND AND I WILL MOVE THE EARTH....Archimedes)
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To: eeevil conservative

geeeshk

unless the Governor has RELINQUISHED power to DC-— I need to finish my coffee before I continue to post!


14 posted on 03/18/2009 4:19:04 AM PDT by eeevil conservative (GIVE ME A PLACE TO STAND AND I WILL MOVE THE EARTH....Archimedes)
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To: rabscuttle385

“Graham joined all but three other Republican senators in voting against the stimulus bill last month.

In Charleston, S.C., on Friday, Graham said he doesn’t support Sanford’s rejection of the stimulus money for the state.

“If it comes down to South Carolina getting the money or some other state getting the money, I would urge the governor to take the money,” Graham said.”

Way to stick by those principles Graham. Vote against it and then deplore a governor who rejects it. What is wrong with these people?


15 posted on 03/18/2009 4:29:21 AM PDT by MissouriConservative (The strength and power of despotism consists wholly in the fear of resistance. - Thomas Paine)
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To: rabscuttle385

Possibly, if they can override his veto on a specific piece of legislation.


16 posted on 03/18/2009 4:58:01 AM PDT by ROCKLOBSTER (RATs...nothing more than Bald Haired Hippies!)
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To: Force of Truth

“What are they going to do if we don’t accept the stupidity stimulus? Send the military after us? We ARE the military.”

Soon to be the military without healthcare coverage.


17 posted on 03/18/2009 5:39:09 AM PDT by EQAndyBuzz (The most corrupt administration in history. And it is only 8 weeks old.)
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To: rabscuttle385

This is more than unconstitutional; it’s treasonous.

The ghetto thug and fascist congress have effectively nullified the governor’s office in all 50 states, elected by the people.

The offense is not just impeacable. Dissolving our elected representatives was a spark that initiated our revolutionary war. ( Read the Declaration of Independence)


18 posted on 03/18/2009 5:57:39 AM PDT by sergeantdave (obuma is the anti-Lincoln, trying to re-establish slavery)
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To: eeevil conservative

I’ve found one never really finishes coffee... After consumption, one visits the used coffee department, and then the next round starts! ;-P


19 posted on 03/18/2009 6:14:08 AM PDT by MortMan (Power without responsibility-the prerogative of the harlot throughout the ages. - Rudyard Kipling)
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To: MissouriConservative

Graham has no principles. Graham is a tool and a closet Rat like his mentor Juan McCain.


20 posted on 03/18/2009 6:37:11 AM PDT by rabscuttle385 ("If this be treason, then make the most of it!" —Patrick Henry)
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