By Dr. Harold Pease
The power of the purse (both taxing and spending) is one of the most important powers in the Constitution. The Founders resolved that it should be left with the representatives of the people; “all bills for raising revenue shall originate in the House of Representatives (Article I, Section 7).” This made it impossible, without the people’s consent, for them to be over-taxed for more than two years as all members of this body come up for reelection on the same date—every two years.
Addressing this subject James Madison observed, “This power over the purse may, in fact, be regarded as the most complete and effectual weapon with which any constitution can arm the immediate representatives of the people, for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure.” The U.S. Constitution mandates that “the House of Representatives cannot only refuse, but they alone can propose the supplies requisite for the support of government.” This power alone he added, “can overcome all the overgrown prerogatives of the other branches of the government. They, in a word, hold the purse… (The Federalist 58).”
The Constitution also requires that the U. S. Senate confirm the appointments of the Executive Branch (Art. II Sec II). The last two presidents have created a new level of bureaucratic government called Czars without any pretense of Constitutional authority, and none were presented for confirmation to the Senate as required by the Constitution. Moreover, most if not all, of Barack Obama’s 50 Czars make rules and regulations in dozens of areas where the President has no Constitutional authority to function, as identified in Article II, Sections II and III. Yes, the President has a list of powers, as do Congress and the Supreme Court. His doing so violates Art. I, Sec. I, which specifically leaves “all legislative powers herein granted” with a Senate and House of Representatives.
Finally, probably due to Tea Party influence in the last election giving the republicans some spine, Congress made a weak attempt to bring President Obama in line. Congress denied the funding of four of these so-called Czars. The law placed on the President’s desk for his signature or veto (the only two powers he has with respect to making law) April 15, 2011, could not have been clearer. “Sec. 2262. None of the funds made available by this division may be used to pay the salaries and expenses of the following positions: (1) Director, White House Office of Health Reform. (2) Assistant to the President for Energy and Climate Change. (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy. (4) White House Director of Urban Affairs.”
The President, in a procedure called a “Signing Statement,” also unconstitutional, boldly wrote that he would not obey this part of the proposed law, and then signed the law excluding the parts he disagreed with which meant that he wound continue to have these offices paid for. So in a dictatorial move he took spending power from Congress. The unconfirmed offices would be paid for anyway. The spending of money in essence requires it being first raised which again is a power left only to the House of Representatives. Congress defied by the President, dropped the issue.
Unfortunately “Signing Statements” was a practice used extensively by President George W. Bush to avoid the only two law-making powers a president has, allowing him a self-created third option. Prior to this time presidents simply vetoed the entire law if they disagreed with any portion thereof. They have no authority to pick and choose. Ironically, candidate Obama strongly and rightly condemned this practice as being unconstitutional when his predecessor did it. He then argued, “It is a clear abuse of power to use such statements as a license to evade laws that the president does not like or as an end-run around provisions designed to foster accountability (Boston Globe, Dec. 20, 2007).”
But Congress alone has all taxing and funding powers as all money needed by the government must first come from the people, and they through their representatives clearly said no!! Article I, Sec. 9 reads, “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;” of course, all law must be passed by Congress as per Article I, Sec. I. The president is drawing money from the Treasury to fund positions not in the Constitution and against the clear will and directive of Congress. Congress must not concede its’ power over the purse to the executive branch. Their inaction now will do just that.
In this one issue the President has given new meaning to at least five parts of the Constitution. No one will destroy this document all at one time but by their ignorance or worshipful loyalty to party they will do so one piece at a time. In this case five. Please participate in preserving your own liberty and pass this column around.
Dr. Harold Pease is an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He has taught history and political science from this perspective for over 25 years at Taft College. To read more of his weekly articles, please visit www.LibertyUnderFire.org.