Category: Congress

Tiger By The Tail: Dem Leadership Struggle In Wake Of Latest Sex Scandal

Rep. David Wu has long been identified as a major liability for the Democrats. The first Chinese-American elected to Congress, Wu has displayed mental instability for years. He is now accused of an “unwanted sexual encounter” with the teenage daughter of a longtime friend.

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The Gang of Six and Their War on Main Street

Submitted by Lawrence Rafferty-Guest Blogger

It is probably just me, but it seems that every time we hear about a proposed deal to extend the debt limit and avert a government shutdown and a debt default, the plan does nothing more than cut the taxes on the wealthiest Americans and Corporations.  The latest proposal by the so-called Gang of Six is just one more example of Congress attacking the Middle Class. Continue reading “The Gang of Six and Their War on Main Street”

McConnell: Casey Anthony Verdict Shows Terrorist Suspects Should Not Receive Real Trials

Many have objected that the Casey Anthony trial and verdict has displaced attention to every thing from three wars to a growing economic crisis. Now, however, Senate Republican Leader Mitch McConnell has suggested that the impact of the Anthony verdict may extend to national security trials and serve as an excuse to deny terrorism defendants a federal trial. McConnell stated that the verdict shows that we cannot trust our court system in trying terrorism suspects. The clear import is that we should use the widely ridiculed military tribunal system because we cannot risk defendants actually prevailing in court.

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Does Congress Have A Constitutional Obligation To Raise The Debt Ceiling?

-Submitted by David Drumm (Nal), Guest Blogger

Section four of the Fourteenth Amendment, known as the public debt clause, states that “the validity of the public debt of the United States, authorized by law … shall not be questioned.” The clause was included to prevent Southerners or their sympathizers from preventing payments owed to Union soldiers or their widows. However, the language goes beyond the narrow issue of Civil War debts.

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AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?

Submitted by Mike Appleton, Guest Blogger

“All animals are equal but some animals are more equal than others.”

-George Orwell, “Animal Farm”

The Supreme Court’s decision in the Walmart class action case has understandably generated controversy for its adverse impact on the litigation of workplace discrimination claims.  But the Walmart case is not nearly as far reaching in its implications as the decision issued by the Supreme Court on April 27, 2011 in AT&T Mobility, LLC v. Concepcion, 563 U.S. _____ (2011).  The opinion in Concepcion confirms two truths.  First, Justice Antonin Scalia is firmly committed to federalism except when he isn’t.  Second, corporate America is well on its way to usurping the common law and state statutory law intended to protect the interests of aggrieved consumers. Continue reading “AT&T Mobility v. Concepcion: Has Consumer Protection Law Been Preempted?”

Democrats Raise Constitutional Argument In Favor Of Raising Debt Limit

Democratic members have raised a novel argument under the Fourteenth Amendment that the refusal to raise the debt ceiling is unconstitutional. For full disclosure, I was asked about this argument weeks ago by members who believe that forcing the country to default would be not just catastrophic but unconstitutional. I will be discussing this topic today on CNN and tonight on Countdown.
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Obama: I’ve Made A Decision To Leave The Decision To States On Gay Marriage

For years, we have followed the painful display of Barack Obama trying to deal with same-sex marriage by finding the best political position for himself. Principle has never been part of the equation, of course. The decision whether to stop discrimination against homosexuals is clearly based on what would be the most useful to the President. The result has been rather ugly with Jay Carney prompting laughs with the recent position that the President has been clear that his position is unclear. Now the President has adopted another position tailored for the election.

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The Train To Nowhere? Mica Project Draws Criticism Over Wasteful Spending and Corporate Windfall

The late Senator Ted Stevens was once mocked for the “bridge to nowhere” — a massive construction project that would have connected the town of Ketchikan, Alaska with Gravina Island — with 50 residents. Now, during an economic crisis and painful cutbacks, Rep. John L. Mica, chairman of the House Transportation and Infrastructure Committee, is pushing through a $1.2 billion rail line that is expected to serve just 2,150 commuters a day.

The SunRail project has been widely denounced as a giveaway to Mica’s campaign donor, CSX, which will receive hundreds of millions for its rail line and upgrades. When confronted over the CSX windfall, Mica responded “Everybody has different vested interests. But you look at what is being proposed on paper, and it just make sense.” The problem is that a wide array of Republicans and Democrats have looked at the project (as well as federal officials) and found it to be wasteful.

Yet, even at this time of tremendous budget cutbacks and suffering, our Congress is still incapable of blocking such pet projects. If you recall, the solution to Stevens’ absurd bridge showed how out of touch our leaders have become. In proclaiming the end of the bridge to nowhere and congratulating themselves on actually stopping a single wasteful project, Democratic and Republican leaders promised to let Alaska keep the money. Problem solved.

Source: NY Times

Clinton: Support The War Or I’ll Accuse You Of Being Gaddafi’s BFF

Secretary of State Hillary Rodham Clinton took the debate over Libya to a new low yesterday. (For full disclosure, I am lead counsel representing members challenging the constitutionality of the Libyan War). Clinton is largely responsible for entering the United States in another undeclared war. She is now dismissing all of the constitutional and fiscal concerns of members and publicly asking members “Whose side are you on?”
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Members of Congress Challenge Libyan War in Federal Court

Today, I have the honor of representing ten members of the United States House of Representatives in challenging the constitutional basis for the Libyan War — and the underlying claims made by President Obama. These members include Democrats and Republicans from across the political spectrum. They share a belief that Article I, Section 8 of the Constitution expressly requires the authorization of Congress before a president can commit the nation to war. The lawsuit will be heard in the United States District Court for the District of Columbia. We filed this afternoon and held a press conference with the members in front of the courthouse. A copy of the complaint (which will be heard by Judge Reggie Walton) is below.

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Weiner Roast: He Lied, But Was It a Criminal or Ethical Violation?

Well, as you probably know by now, Rep. Weiner was . . . well . . . less than frank. (ok, I have used up my one allowed pun). I do not see a basis for criminal allegations, but Weiner is likely to face an ethics investigation. Minority leader Nancy Pelosi has called for an ethics investigation. There does appear to be grounds for such a charge, though the House has historically not used its rules to punish members for reprehensible acts committed in a members’ personal life.
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Timber! Obama Reverses Himself On Protecting Millions of Acres of Wildness in New Concession To Developers and Drillers

President Obama has made another huge concession to developers and drillers this week. He has abandoned a pledge to restore eligibility for federal wilderness protection to millions of acres of undeveloped land in the West. Interior Secretary Ken Salazar, who was himself viewed as a decidedly anti-environmental Senator before being picked by Obama, announced that millions of acres will no longer be designated as “wild lands.”
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