Could A President Legally Bypass Congress And Implement A Trillion Dollar Stimulus Plan?

[TomCADem]

I keep on hearing about the Tea Party having control of the House of Representatives and being economically illiterate and refusing to consider any spending increases. Well, there must be a constitutional way that the President can bypass Congress to avoid having to compromise with this jerks and implement that trillion dollar stimulus plan our economy needs.

Any DU constitutional experts on hand to explain how this can be done, so that we can start demanding that the White House do it?

[Davis_X_Machina]

1. Well done.

"Well, there must be a constitutional way that the President can bypass Congress..."

This sentence contradicts itself in its first clause, in the space of 13 words.

[Ozymanithrax]

2. No.

[bowens43]

3. can't be done. nt

[badtoworse]

4. Don't they teach Civics anymore?

The power to appropriate money is given to the Legislative Branch (Congress). The Executive Branch can't legally spend money that Congress hasn't authorized, so the short answer your question is no.

[RT Atlanta]

6. Can the President "un wage" the wars?

and create a trillion dollar stimulus that way - without congressional involvement?

Yes - an EXTREMELY simplistic thought

[badtoworse]

14. You mean overrule Congress and reappropriate the funds for another purpose?

Again the answer is no. Specifying the purpose of the appropriation is implicit to the process and is within the purview of Congress. What would be the point of Congress passing a budget if it were otherwise?

[Arctic Dave]

7. I could see were the OP would be confused, after all,

Congress has giving the ability to delare war to the President at his liesure. So, why not spending?

[leveymg]

10. Newsflash: The system hasn't worked that way since 1912 - see post in thread below.

[NNN0LHI]

11. I have a feeling someone is going to suggest minting trillion dollar coins again

[Golden Raisin]

29. Apparently not.

[DonP]

5. Checks and balances are in place and generally working OK

To do it any other way would be a dictatorship, no matter how gently the chains might feel on your wrists at the time.

[leveymg]

8. President can't do it (constitutionally), but the Fed (an extraconst.) body already has ($16T QE2)

The Fed is essentially an interbank lending body that operates to sustain and stimulate the banking system. Indirectly, that can and does operate to benefit the public, and the Fed does pay lip service to maintaining employment as well as keeping inflation in check, the banks solvent, and the secondary markets liquid.

The problem with using the central bank's emergency powers as an overt stim, though, is that it comes close to piercing the fiction that the Fed has to rely upon the Treasury issuing new debt (raising the debt ceiling) in order to inject funds into the markets - it doesn't, as QE2 demonstrates.

[badtoworse]

18. While the Fed's actions can greatly impact the economy,...

Setting short term interest rates and controlling market liquidity are not the same as spending money. Unless I am greatly mistaken, the Fed can't spend money on its own to build a bridge for example or give aid to local governments.

[leveymg]

24. What it can, and has been doing, is to lend money to banks at negative real interest

rates with funds that aren't covered by printing T-bills. It does that primarily under QE2 through the Repo Markets and the Overnight Window at the NY Fed by accepting any old collateral the Primary Dealers want to offer -- old sneakers, unopened desk pen sets, CDS, MBS -- to the tune of $16T since the Board of Governors declared emergency in 2008. Good money for bad, really.

The Fed has the authority to lend to government, as well, to do swaps for Munis.

[badtoworse]

25. OK, but I still say it's not spending...

At least not in the sense that the OP framed the question. My take on the OP was that he was asking about funding projects and programs - things like infrastructure, job retraining, grants to local government, etc.

[leveymg]

28. I'm saying it can, not that it does. QE2 has all been through the banks.

Same credit facility can be extended to Federal, State, municipal governments, as well, in the event of an emergency -- like a failure to agree to raise the debt ceiling. That's why the "crisis" we went through 9 days ago was phony. The Fed could have guaranteed the Treasury's bank deposits, covering the Fed's checks. The banks don't want to have to do that, though.

The banks are perfectly happy being bailed out by gov't, not covering gov't checks or swapping cash for munis, even though the system is designed to work that way, if it has to.

[elleng]

30. Right, and what its been doing, while maybe somewhat helpful,

has not had the needed stimulative effect, as in putting boots on the ground. Money in banker's hands, not so much.

[letmedrinkuin]

9. Sure he can.....

...but he would be personally liable to pay the money back.


Are you advocating dissolving Congress and the Supreme Court and throwing all power to the Executive Branch?

[Uncle Joe]

12. He can force them to work out some form of deal with the full Congress instead of

passing the buck to a "supercommittee;" which strengthens the Republican controlled house at the expense of the Democratic controlled Senate by eliminating the filibuster.

http://www.usconstitution.net/const.html#A2Sec3

Section 3 - State of the Union, Convening Congress

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States

Thanks for the thread, TomCADem.

[Ineeda]

16. And how, exactly, does he "force" them

to do anything at all? Adjournment or convening congress does nothing. He can make recess appointments, yes, but they're only temporary.

[Uncle Joe]

17. Keep their ass to the grindstone until they do it. n/t

[Ineeda]

26. He could force them to stay in session, but not DO anything.

So they can't go on vacation or back to their districts. So what? Accomplishes nothing.

[Uncle Joe]

27. I imagine most of them must love their vacations as they give themselves so much of it.

If they sit on their thumbs while the nation is in crisis, they know there will be hell to pay, and if it were election season which seems to be more than a year long nowadays, they would certainly love to be raising money at fund raisers and campaigning to keep their cushy jobs.

So the motivation to get a deal done would be enhanced.

[coalition_unwilling]

13. The President cannot bypass Congress and remain within the

bounds set by the Constitution. Nor do I think a President of any party should be able to. There's a good reason the founders set up a system with a balance of powers and tinkering with it, even for the sake of expedience, sets a dangerous precedent. Look what's happend to war powers and take your hint from that.

[Ian David]

15. Yes. He can start an undeclared war against America.

And then he can ship pallets of money to distribute around the country in cargo planes like Bush did in Iraq.

[Davis_X_Machina]

22. AUMF. Passed both Houses...

...and appropriations to continue the war passed, every year.

H.J.Res. 114, a joint resolution passed by the United States Congress 16 October 2002 as Public Law No: 107-243, authorizing military action against Iraq.

The First Circuit Court,in Doe v. Bush, 323 F.3d 133 upheld the constitutionality of the President's actions.

Game, set, match, short of violent revolution. You're entitled to that option, but it has a checkered history.

[TomCADem]

31. You may be right. Sarah Palin Has Been Proposing Invading Iran. There you go!

Most of the Republican presidential candidates have spoken favorably of taking more direct, aggressive action against Iran, since diplomacy has failed, so perhaps you are right. Start another major war, then funnel trillions into our defense industry.

[Xithras]

19. Yes and no. Congress controls the funding.

It actually WOULD be within the President's authority to issue an EO creating a trillion dollar stimulus plan, but Congress controls the budget and would be under no obligation to make funds available for it. Doing so would probably piss everyone in Congress off, so there's little chance of that happening.

[alc]

20. I sure hope not

It doesn't matter how appealing the idea is now, if a president finds a way to bypass congress it'll be a precedent for all future presidents. The constitution still gives us the power to elect a congress to keep the president in check. If the president can bypass congress, he/she can also bypassing the representatives we elect.

Like it or not, the tea party represents the people who elected them. You can't take power from their congressmen without taking power from any group of congressmen. It may be painful, but there only a few solutions that don't limit our power to elect people to represent us
1) Wait until the next election and see if the tea party constituents change their mind.
2) Elect a Democrat majority in the house
3) Have the non-tea party republicans and Democrats work together. The tea party reps are not a majority. If the first two options don't happen this will be the only option.

[Davis_X_Machina]

23. When I left that voting booth...

...in '08, I said to myself "Now we've got our Bush! Payback time -- time for us to fuck people's shit up!."

Oh, wait, I didn't.... that's exactly what I was voting against.

[moondust]

21. Ask a Republican.

Schemers and crooks know this kind of stuff. (Remember the Unitary Executive? Signing statements?)