HOUSE Republican Leader John Boehner

Boehner Questions Constitutionality of “Stimulus” Mandate That Undercuts Governors

The pork-laden trillion-dollar “stimulus” spending bill signed into law by President Obama yesterday includes a controversial provision that allows state legislatures to overrule governors who decline to accept “stimulus” funds for their states, as at least two Republican governors are publicly contemplating.  House Republican Leader John Boehner (R-OH) today filed an inquiry with the nonpartisan Congressional Research Service (CRS) questioning the constitutionality of this federal mandate, which essentially forces taxpayers in all 50 states to swallow Washington’s “stimulus” pork even if they and their governors don’t want it.

Columnist/blogger/activist Michelle Malkin has dubbed the provision the “Punish Mark Sanford Amendment,” since it is conspicuously aimed at Gov. Mark Sanford (R-SC).  Governor Sanford has been a vocal opponent of Washington Democrats’ notion that a massive increase in borrowing and spending by the federal government will reverse our nation’s economic recession, while House Majority Whip Jim Clyburn (D-SC) has been one of the leading congressional advocates of the trillion-dollar “porkulus” bill.

“Questions are being raised about the constitutionality of this provision,” the inquiry from Boehner’s office states.  “Is there precedent for such a provision?  Are there other major federal laws that have included such an ‘override’ provision?”

Here is the specific language of the “Punish Mark Sanford amendment,” as signed into law by President Obama:

SEC. 1607.  (a) CERTIFICATION BY GOVERNOR - Not later than 45 days after the date of enactment of this Act, for funds provided to any State or agency thereof, the Governor of the State shall certify that: 1) the State request and use funds provided by this Act , and; 2) funds be used to create jobs and promote economic growth.

(b) ACCEPTANCE BY STATE LEGISLATURE - If funds provided to any State in any division of this Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State.

We’ll keep you posted.

Permalink |

This entry was posted on Wednesday, February 18th, 2009 at 3:43 pm and is filed under Stimulus. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

7 Responses to “Boehner Questions Constitutionality of “Stimulus” Mandate That Undercuts Governors”

1. rick Says:
   February 18th, 2009 at 5:03 pm

   I am just so sick of John Boehner and everything he has to say. 8 years of an administration that ruined this country, and you don’t want anyone to try to fix it?

   You guys had your chance and failed. Give me a tax cut and I will stick it in the bank. So will 90% of all Americans. You call that stimulating the economy? At least the banks will earn a decent spread from our money. If you folks in Ohio do not want any of the stimulus money, please send it back to Washington. We could use it to create jobs elsewhere.

   Now that we have an adult in the office of the presidency, it is time for you to stop acting like a child.

2. Ronnie May Says:
   February 18th, 2009 at 9:45 pm

   theres a lot of talking with the repulican but not enough doing i’m sure you heard that american’s do not care about pork at all we need job’s job’s job’s not pork why are you fighting with obama instead ofworking together mr boehner please it’s not like he’s spending your money it’s mine it’s the tax payers money and if it’s going to help the economy why stop it we as americans payed in to that what is it with you please i’m begging you stop embarassing your self and the republican you ratings are dropping ever time you speak goto and unemployment agency and look at all those people looking for work look at there face’s sir and then ask your self do you really think they care about pork alls i hear is alot of people saying john b is trying to destroy america or that you don’t care about the american people because the depression isn’t hurting your pockets but if it was’nt for the middle class you wouldn’t have a check so please please please stop fighting we are all americans and it’s very cold out here!!!

3. shirley massicotte Says:
   February 19th, 2009 at 1:54 am

   There is so much information and sweeping changes that people just can’t keep up. Everything is outrageous and so overwhelming. What a way to keep us off balance

4. Scott Says:
   February 19th, 2009 at 10:53 am

   Hmm…seems that a someone let the loons out of the asylum. Of course I am referring to the posters of comments #1 & #2.

5. Rio Says:
   February 23rd, 2009 at 2:03 pm

   Dave, appreciate the blog, good job and tell Rep Boehner to keep up the good work.

   #1. You just got a tax cut. Obama is giving you back $13.00 per week starting April 1. Next year it goes down to $8.00 per week for six months. Hope your bank isn’t too far out of the way as you will be making quite a few trips. If the banks are so good at stimulating the economy, why are we spending a trillion dollars of our grandchildren’s money on them?

   #2. Well, Ms taxpayer, might be good for you to come to terms with the fact that your money has been spent, it’s the grandkids money they are grabbing right now. They have to pay all of Obama’s big bills back to the tune of $62,200 per taxpayer in addition to shouldering the responsibility of the retired baby boomers and every other program that delights the democrats. With your blessing.

6. dh Says:
   February 25th, 2009 at 2:41 am

   I have to get this off my chest. Every time I hear the same old tired Dem talking points, as post #1 and #2, I want to remind them:
   The Dems controlled the Senate and all the committees for the first 19 months of the Bush admin and they controlled the House and the Senate for the last two years. During the last two years they controlled all the committees of the House and Senate (and excluded Repubs), all the legislation and the budget.

   The economy was doing just fine until the Dems began their deceptions in ‘07. For example, the ethanol scam on the American people that caused the cost of food to go up and up. Also caused corn shortages around the world and starvation in poor countries. Their ethanol scam (or political payback to the farm lobby) was rightly condemned by the UN for ‘burning food for fuel’ foolishness.

   Then there was the diesel fuel scam on the American people. Not only did they raise taxes on diesel when the price per gallon was already at record highs but they put mandates on the refineries to remove most of the sulfur. The refineries passed that additional cost on to us at about 80 cents per gallon. The truckers passed their additional costs on to the consumer and the price of everything in the stores went up - including another price increase on food. (Removing the sulfur also decreased fuel mileage). Another hit to the economy.

   Then in the summer of ‘08, Chuck Schumer (D-NY), released a confidential letter he sent to Indy Bank to the news media. A run on the banks ensued.

   It’s sad, so many Dem voters didn’t even know that the Dems controlled the budget the past two years but even more so, they didn’t know that the Dems ‘08 budget was a $455 BILLION deficit. Add to that, their one page legislation for the $700 billion TARP give away. (In ‘06, the Dems campaigned on “pay-as-you-go”).

   Our economy could only take so many hits by the Dems, not to mention their defiant reluctance, for at least six years, to regulate Fannie and Freddy and the banks.
   Will America survive even two more years of Dem control?
   In just one month, since Jan. 20, the Dems have spent more money than what was spent on Katrina, Afghanistan and Iraq combined! But yet the majority of that money won’t be released or spent until just before the elections. Well, for the Dems, winning elections at any cost is a “crisis”.

   Keep up the good work, Senator Boehner!
   (and thank you for the space to ‘get it off my chest’).

7. DJH FRE Says:
   March 3rd, 2009 at 3:49 pm

   Please Senator Stop takeing Ear mark. I am form Ohio and I am ashamed that an Ohion is taking ear mark

   Get in the real life and do no take ear marks

   thank you

   ps resign if you can not stop.

Leave a Reply

Name (required)

Mail (will not be published) (required)

Website

---