Posted on 01/18/2020 12:05:58 PM PST by bitt
The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.
Even if the GAO were correct in its legal conclusion — which it is not — the alleged violation would be neither a crime nor an impeachable offense. It would be a civil violation subject to a civil remedy, as were the numerous violations alleged by the GAO with regard to other presidents.
If Congress and its GAO truly believe that President Trump violated the law, let them go to court and seek the civil remedy provided by the law.
U.S. Government Accountability Office (GAO) has gotten the constitutional law exactly backwards. It said that the "faithful execution of the law" — the Impoundment Control Act—"does not permit the president to substitute his own policy priorities for those congress has enacted into law ." Yes, it does — when it comes to foreign policy. The Constitution allocates to the president sole authority over foreign policy (short of declaring war or signing a treaty). It does not permit Congress to substitute its foreign policy preferences for those of the president.
To the extent that the statute at issue constrains the power of the president to conduct foreign policy, it is unconstitutional.
Consider the following hypothetical situation: Congress allocates funds to Cuba (or Iran or Venezuela). The president says that is inconsistent with his foreign policy and refuses to release the funds. Surely the president would be within his constitutional authority. Or consider the actual situation that former President Barack
(Excerpt) Read more at gatestoneinstitute.org ...
Doesn’t surprise me. I believe he was a notoriously bad bookkeeper.(But it wouldn’t surprise me if never came out on the short end from his ‘mistakes’...
Interestingly, the Congress would give him a secret “contingency fund” to be spent at his sole responsibliity and discretion.
When the Barbary pirates started taking captives for ransom it rose to a million dollars a year.
A fantastic sum for our young nation.
It’s a good thing the nation gave him plenty of bookkeepers!
Fun PDF on America’s Founders and espionage.
Great comments but please read my link above.
There was a ‘dust up’ over just this issue between the House and the Executive in our early days. It came down in the Executive’s favor.
The fascinating thing about it was that James Madison was advising both parties!
In 2010 Congress Leader was John Boehner.
Senate Leader was Harry Reid
So as usual Boehner wanted to please the Democrats.
shalom to that
Whether or not Trump was wrong, that is a Constitutional issue actionable by the House. Whether or not Biden was wrong is probably not an issue for the House to determine Constitutionally.
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