Photo Credit: GARY LOCKE
For responding to a president who defies his constitutional limits, Congress is said to possess four powers: to impeach, to defund, to investigate, and to withhold confirmation of nominees.
But there is a fifth recourse, which the new Republican Congress might consider in view of President Obama’s executive amnesty for illegal immigrants: the power to censure. In fact, censure could work in tandem with Congress’s other powers, helping the legislature make the moral case for responding to the president’s lawlessness.
Presidential censure is a rare occurrence. Most notably, in 1834, the Whig-controlled Senate censured President Andrew Jackson, a Democrat, for moving federal deposits from the Second Bank of the United States to local banks, derisively called his “pets” because most were operated by loyal Democrats.
Jackson’s legal justification was dubious at best. Under the law, only the secretary of the Treasury could initiate such a transfer, and then only if the funds were deemed insecure. But the Bank had been impeccably run since Nicholas Biddle became its president in 1822. An investigation had ascertained that the funds were perfectly safe, and the House had voted overwhelmingly to affirm that fact. Treasury Secretary William Duane, moreover, refused to remove the money or to step down so Jackson could install somebody who would. Jackson fired Duane, replacing him with Roger Taney without Senate confirmation. Taney’s cronies would go on to grossly mismanage funds in Jackson’s pet bank in Baltimore.
This series of actions added up to a severe presidential encroachment. So the Senate—led by Henry Clay and Daniel Webster—censured Jackson by passing this resolution: “Resolved, That the President, in the late Executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation
of both.”
The censure wounded the president’s bountiful pride, so much so that in 1837, Missouri senator Thomas Hart Benton, a fierce Jackson loyalist, had the resolution stricken from the record.
Read more from this story HERE.
Read more: http://joemiller.us/2014/11/rebuke-president/#ixzz3K6Fa6WMQ
Read more at http://joemiller.us/2014/11/rebuke-president/#uVKDbPoOet4oYDDb.99
Comments