Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Friday, February 23, 2007

Legislative Order Directing President, GOP, and Senate to Provide An Oversight Plan

This outlines how a legislative order might remind the GOP, Senate, and President that the Speaker alone has the power to decide whether the President’s plan is or is not sufficient. The Executive shall respond to Legislative Orders:
But these precautions, great as they are, are not the only ones which the plan of the convention has provided in favor of the public security. In the only instances in which the abuse of the executive authority was materially to be feared, the Chief Magistrate of the United States would, by that plan, be subjected to the control of a branch of the legislative body [Ref: Fed77 ]


The GOP, President, and Senate may refer to these links if they need examples of oversight plans: [ here ] Please forward your comments and suggestions to the President-GOP-Senate plan to the Speaker.

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Ref I've been noticing the recurring pattern of the blogosphere, GOP, and MSM to continue their pre-Nov 2006 approach to issues: Acting as if the GOP were setting the debate agenda, and We the People having to wade through this mess.

A though occurred to me. Given We the People remain the super-majority, sent a rebuke, but the on-sense continues, what are we going to do to turn this around and send a clear message to the media: This media machine is ours, not yours.

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When the media, like government, is no longer useful, the question to be asked: What methods will ensure that the less useful falls away; and the more useful rises to the top.

What is baffling is despite the rebuke of the media in the November 2006 election, the media, biosphere, and GOP appear to have the green light to pretend that they can se the agenda.

Nobody in the GOP seemed to have any guilt or problem when they forcefully asserted their non-sense. It seems puzzling despite the force of reality on the side of We the People and our superior numbers and market share, why the GOP believes it can still effectively dominate what We the People on November 2006 destroyed.

The question is why despite this absurdity does the majority feel the need to respond or argue the GOP Position; what will be done to effectively move with confidence that the GOP-Senate-White House framing has less support; and another view has more support.

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Perhaps what's needed is a new way to approach this media debate: Shift it from the issues of the Senate, GOP, and Senate, and remind the world: The real power is in the House.

This note attempts to reframe a sample news article in the context of what "really happened" in November 2006: The President, GOP, and Senate were trashed with the MSM.

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Sample Article

The error I believe is the blogosphere is in the mode of "copy a quote" and respond to it. Perhaps what may be more valuable is to do the opposite: Start with the new agenda, and show the absurdity of the quote second.

Let's try that.

What we'll do is ignore the WaPo article for the movement, and simply outside some basic principles:

1. The Senate, GOP, and President are powerless to make the House do or not do anything.

2. The House leadership may veto the Senate bills by refusing to agree.

3. The House leadership may filibuster the senate by discussing at length any issue the Senate -- as a chamber wants to avoid.

4. The President has no power to compel the House to do or not do anything; nor can the GOP make the House set an agenda. If the House refuses to establish an agenda which works with or against the GOP, that is an option which the GOP cannot credibly change or influence.

5. The burden is on the GOP Senators, President, and Senate to convince the House that the House should listen, respond, or take the GOP, Senator or President Seriously. The GOP, Senate, and President have done little to suggest they have changed; they've merely asserted that the DNC should change. That is backwards and evidence of the GOP denial.

6. When the Senate filibusters a bill, this is not helping the President get anything. If the House refuses to provide money, a Senate action to block that effort with a Filibuster is meaningless. A Senate filibuster will not force the House to add money back; that the Senate and House disagree is not a problem for the House or DNC to solve, but one for the President to deal with: He still has no agreement, no budget, and no confidence in his plan.

7. The responsibility is on the GOP, Senate, and President to outline their plan that would warrant support from We the People and the House. They have no plan; and the House has no requirement to agree to marginally support what is wholly unworkable.

8. Whether the GOP does or does not submit a plan, or agree to cooperate with the House is something only the President, Senate, and GOP can agree or not agree to do. The House is not required to meet the GOP, Senate, and President "halfway" when the GOP, Senate, and President have not changed, but continue their non0sense.

9. The House does not have to "repeal" anything; by simply refusing to provide funds, the "authorization" falls by the wayside. The President has no power to allocate funds to any effort when the House refuses to provide funds -- that which does not exist cannot be blocked, constrained, or denied. The burden is on the President to explain why he still has nothing despite the call for change; whether it is or is not blocked is irrelevant.

10. Whether the GOP, Senate, and President agree to work or not work within the constraints of reality is a separate issue than whether they agree to debate reality. The error is for the President, GOP, and Senate to argue that the GOP, Senate, and President do not have to do anything. This is folly: They need to face reality -- they require oversight; left to their own devices they are not able to do their jobs.

11. The burden is on the GO, Senate, and President to outline their compliance plan with this new reality:

___ How will the President, GOP, and Senate comply with the requirement that they work within the finite constraints of reality; and not attempt to use resources which do not exist; and operate within reasonable constraints the President, GOP, and Senate having ignored.

12. The President, GOP, and Senate need to make a convincing case that the President, despite this closer supervision, plans to accept the constraints he has otherwise refused to face: reality, resource constraints, and the abilities of the insurgency.

13. The burden is on the President to explain why, despite public claims he supports the new plan, why he has private doubts; and what the status of his back up plan is.

14. When did the President agree with the backup plan: Was it before or after he knew the US "allies in Iraq" were moving out?

15. What evidence, despite needed oversight, can the President point to showing that he’s' better managing his resources; or is he, despite the constraints, still not willing to work within any guidelines?

16. Has the President a plan to comply with a specific start date for withdrawal of troops?

17. How does the US withdrawal plan square with the Geneva requirements, Iraqi government ability?

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18. Can the President, GOP, or Senate point to anything that will make the House leadership do or not do anything?

19. What is the basis for the GOP, Senate, or President to argue that they have information about which GOP Members of Congress are or are not supporting which the GOP, Senate, or President?

20. To what extent is the GOP, Senate, and President concerned that they have no power to make the House do anything?

21. Does the GOP, Senate, and resident understand that House does not "cut or add" money; but it starts each budget at zero and my or may not put money in a specific budget line item?

22. Does the GOP, Senate, and President understand that unless the President agrees to better manage his finite resources he's not going to get more resources?

23. What is the plan of the GOP, Senate, and President to show that he is doing what he's not been dong: Effectively managing resources?

24. What criteria does the President, GOP, and Senate plan to use to monitor whether the President is or is not adequately managing the finite resources?

25. When does the GOP, Senate, and President plan to present their plan to more effectively manage their war to the House leadership that may or may not agree?

26. What is the basis for confidence of the GOP, Senate, and President that the criteria the GOP, Senate, and President develop to show that they are doing their jobs, overseeing this effort, and better managing the activities will meet the satisfaction of We the People?

27. What is the GOP, Senate, and Presidential plan to develop a set of criteria; when will these be presented; and when will the dissenting views within the GOP, Senate, and Executive Branch be presented for Consideration to the Speaker?

28. Does the GOP, Senate, or President have a plan to outline how dissenting views were handled in the intelligence community, relative to the IC directive?

29. Until there are methods for the President, GOP, and Senate to more effectively manage this war, why should anyone in the House believe there is a pan in place to do anything differently?

30. When does the GOP, Senate, and President think that they might get their plan and new benchmarks to the Speaker for her review and feedback?

31. If the GOP, Senate, and President do not incorporate the Speakers comments, what is the plan of the GOP, Senate, and President to "override" the Speaker?

Translation: The President, GOP< and Senate, cannot make the Speaker agree or not agree with this criteria. If she returns the criteria and does not approve them, the President, GOP, and Senate have no power to override her refusal to concur with what are not workable criteria.

32. The GOP, Senate, and President have yet to develop a serous oversight plan that they will apply to the President's conduct of this war. Until that plan is crated and provided to the Speaker, the President, GOP, and Senate have ho basis to argue the Speaker should or should not do anything.

33. The GOP has not provided a set of useful criteria to evaluate how the President will or will not adjust his combat management. This is an error and problems only the GOP, Senate, and President can resolve. The House is not required to do the work of the President; nor in creating criteria that the President alone has the discretion to ignore, adjust, or modify. Where there is no criteria to show that there is better management in place, the House is not required to provide any funding; without a change in oversight, there is no reason to change the position of We the People: There should be no fudging.

34. If the President, Senate, and GOP agree to a plan that does meet the Speaker’s satisfaction, she may concur and approve the House Legislative Order which will shall provide the funding for that GOP-Senate-Presidential plan. Without a plan, there is no funding; and without funding, the Speaker cannot be compelled to issue a favorable Legislative Order concurring with the Presidential-GOP-Senate plan.

35. The GOP, Senate, and President -- despite the setbacks of the 2006 election, have not met their obligations. They have not acted responsibly. This is not something the House leadership need to concern themselves. The problem is one for the President, GOP, and President to decide to present to the House leadership.

36. The DNC leadership need not provide comments to a plan which does not exist; nor can the President, GOP, and Senate require anyone to tell the President how to develop his plan. Where the GOP, President, and Senate refuse to crate a new plan, We the People and the House are hot required to provide new funds.

37. The House leadership have offered some ideas, but the GOP, Senate, and President have not provided an alternative. If the GOP, Senate, and President would like support, then they need to outline their solution. To date, they have not outlined a new plan; only asserted they want to do what We the People rebuked: More of the same.

38. It is a risk to the GOP, Senate, and President alone when they pretend that the House is required to fund something which is more of the same. The President has one power: Executive. To date, he has not managed his conduct, his combat, or his affairs as they should have been. This GOP, Senate, and President have not well managed these affairs. They provide no guidance how they plan to adjust, restrict, or better guide the President.

39. The GOP, President, and Senate have been inflexible in pretending that in doing more of the same, they would have us believe it is new. No, this is what We the People rebuked. Repeating this nonsense does not send a message that the GOP, Senate, and President have learned their lesson: They need to lead, develop a plan, and agree to adjust; until then, We the People will not give this President new budget authority. This President, GOP, and Senate needs to demonstrate that they are working with something new; otherwise, we can reasonably expect more of the same. That is a non-starter.

40. This President, GOP, and Senate have impermissibly put this Constitution and our troops at risk. They alone have failed to support the troops; put them in harms way; and not adequately supported them 2001-2006. It is an error for the GOP to continue to not mange this war; but expect others to take responsibly for these war rimes.

41. The President has no power to compel the House to provide him money to keep doing what has failed. Until there is a plan and set of new operating guidelines the GOP, Senate, and President agree shall be applied; the President shall get no new budget authority. There is nothing the President, GOP, or Senate can do to compel the House to support what is more of the same: Appropriations without a plan to adjust and end what is not working.

42. It is the job of the President, GOP, and Senate to outline what they plan to do differently; and show that they understand what has not worked; and that their plan to adjust will better manage what this President has no managed: Finite combat resources, personnel, and munitions.

43. The President engages in misadministration when he says he has a mission, but broadly deploys troops, resources, and supports equipment without ensuring that he is monitoring whether that mission is achievable; or that the President has a plan in place to do less of what is failing; and do more of what is prudent.

44. The GOP, Senate, and President together are putting the troops in harms way without a plan to change. It is not reasonable for the GOP, Senate, and President to expect We the People to support additional funding when the plan to use that funding is more of the same: Disconnected with better management, tighter control, and more effective oversight. This alone is what the GOP, Senate, and President can jointly cone to an agreement, and present their plan to the Speaker for her consideration. The GOP, Senate, and President have not developed a plan; nor communicated that they have a plan in development that will do less of what does not work, and more of what does work: Effective oversight along meaningless benchmarks and reasonable standers of performance.

45. The GOP, Senate, and President have failed to develop benchmarks. There is no basis for the GOP to argue that they should get the Speaker's support for new appropriations.

46. The GAOP, Senate, and President are not eager to independently do what they could do: Develop a plan, and show that it is likely to work.

47. The House has no requirement to do anything. The problem for the President is what he is going to do if the GOP, Senate, and his staff are unable to provide a plan to the Speaker that outlines there is something changing, and warrants the House support.

48. Until there is a plan, the House has no obligation to act. If the GOP, Senate, and President have no plan to adjust, the burden for that failure is on the GOP, Senate, and the House. We the People expect change.

49. That there is no agreement between the Speaker and the GOP-Senate-President is a problem for the President: How des he plan to adjust when he has no plan; and how is he going to make the House leadership give him something they have no reason to give him: Money connected with a real change.

50. The GOP, Senate, and President are unable to agree what to do. They have no plan to show the Speaker that they are specific with what they are going to do differently.

51. The House is willing to face the issues. The House has openly debated.

52. The problem is the Senate, GOP, and President, when left to their own, refuse to debate and discuss these issues. The House cannot make the Senate discuss what it will not discuss; but the senate, GOP and President cannot make the House avoid what the House has the power to compel: A plan before there is new budget authority.

53. The troops expect fully support of their President. To date, this President has failed them. The President has ignored the Joint Staff; and sidelined the commander recommendations and inputs from the ISG. This President does not want to lead. He wants someone else to take charge. Those days are over. The President cannot hope that someone picks up the ball. This President has the power to organize the GOP, Senate, and his branch to develop this plan, but he refuses. Even with the threat of getting nothing, the President refuses to plan, organize, and do what he needs to do: Something different.

54. This President has illegally waged war, and unlawfully confronted We the People. On November 2006 we pushed back. This President is still aggressive. Despite the prospect of getting no money, he will not change; despite his desire to advance, he has no credible plan; despite his public determination he has private doubts. This is hardly a change, but evidence that he wants more support without warranting any new support.

55. The burden is on the President, GOP, and Senate to convince the Speaker that there is a plan. Until the Speaker signs a Legislative Order agreeing to the GOP-Senate=Presidential plan to change, there shall be no money for what is more of the same. This is a problem the President alone can solve by leading. The President has been given guidelines, suggestions, and even given the chance to think about new things, but this does not appear to have been useful or helpful.

56. Last week, the Senate, GOP, and President showed they were not able to make the House do or not do anything. Despite Senate desire to avoid an issue, the House showed leadership and debated the Iraq war for their first time. This was a welcome change.

56. The House showed in no uncertain terms that the President, GOP, and Senate have no power to compel the House to shirt from its oversight duties.

57. The Senate has no power to block the House debating; rather, the House may, without warning, discuss at length any issue which the Senate hopes to suppress. We the People have delegated to the House the power to filibuster the House. There is nothing the Senate can do to exercise any threat; or make the House not discuss things which we the People would like debated.

58. The GOP, Senate, and President have not shown they are changing. They would rather pretend that inaction is something new; or that denial is a change. This is more of the same.

59> The Speaker has the power to issue Legislative Orders. She may block on her vote alone, the power o the President to wage illegal war. ON her orders alone, all funding for Geneva Violations can be zeroed out. There is nothing the President, GOP, or Senate can do to prevent the Speaker from exercising her line-item-veto of the GOP, Senate, and President’s plans.

60. For now the Speaker's job is easy: She does not need to reject what does not exist: A plan from the President, GOP, and Senate of what they will do differently to more effectively manage the finite resources We the People give them.

61. The House is the roadblock to this President continuing with what is recklessly nothing the President, GOP, or Senate can block the Speaker from exercising he expansive Legislative Powers to remind the President, GOP, and Senate that they must please the House with a plan; otherwise there is no basis to approve new things for old failures.

62. Nothing is stopping the GOP, Senate, and President from agreeing to a plan and presenting it to the Speaker for her view. She is not a dragon, but she is the leader of he upper chamber in the Congress, the one that has the greatest budgetary control: The House. Power is measured by her ability to do or not do things, and the inability of the President, GOP, or Senate to compel the Speaker to do or not do anything. The Speaker’s powers as Legislative Leader of the Upper House how are expansive, broad, multiple, and they are not constrained by anything the President does or says. On her own, the Speaker may issue many Legislative Orders related to her broad expansive powers which the President has only one: Executive.

63. Noting the Senate does or says can make the House give the President what he needs: Money and approval from one person: The Speaker.

64. It is a ruse to believe that the Congress must agree to block something. To the contrary, if the Speaker does not agree, she alone may prevent the President from doing more of what has failed: Action without plans. It is the broad power of the Speaker to decide --- on her own, up or down -- whether the President, GOP, and Senate have or have not fully met their obligations and fully done what they must do: Be leaders.

65. Whether the AUMF for Iraq is or is not appropriate is secondary to the issue of: Until there is a change in the AUMF, the Speaker is not required to fund what is illegal or contingent upon a fraudulent AUMF.

66. This President was given wide latitude to do things, but he took advantage of our trust. The way forward is to closely watch him and make him justify having confidence in our continued support. He alone holds his fate in his hands: If he does not change, we are not required to give what we alone may choose to grant or not grant: Respect, deference, and authority. This President, GOP, and Senate, cannot take from us what cannot be legally taken -- power.

67. The issue of whether the President agrees or disagrees with the changes is meaningless: That which was not lawfully granted need not be changed; that which was not lawfully taken need not face a debate over whether it should or should not be restored. It shall return, and treated as if it never left. This President has no power to compel anyone to argue over something that is not debatable: Whether this President does or does not have a duty to wage only lawful war. He has no option to do otherwise.

68. It is the job of the President, GOP, and Senate to agree to a plan: What are the goals; what will be done different; what are the transition points; and why are these timetables convincing evidence that the President is managing his duties as required under his oath.

69. This President has finite resources. The GOP, Senate, and President need to decide what their plan is to resolve their credibility problem, end illegal warfare, and transition the US government from one run by alleged war criminals, to those who are competent. A plan will do this. This government is led by the Speaker; she requires the President, GOP, and Senate to provide a plan. Where there is no plan, there is no basis to continue with what is illegal and the Speaker does not have to do anything but confirm that the budget authority shall remain at zero.

70. It is up tot eh Senate, GOP, and President whether their plan gets more or less attention than the failed Iraq invasion plan. IT would be prudent if the planning process were more robust. We leave it to the President to consult his advisors to decide what lessons he might glean from the failed Iraq invasion; and apply those lessons to this plan he owes the Speaker.

71. Until the Speaker concurs with the timing, there is no money for the President. The Speaker cannot b bound by any agreement to prejudge what does not exist; she cannot be compelled by anything to approve or concur with something the President, GOP, and Senate only can create: Their plan to provide leadership.

72. The burden is on the GOP to provide a plan, especially given their demonstrated expertise in noticing what they do not like. They are well qualified to create something that would be pleasing to the Speaker.

73. It is reasonable to fully fund something that is carefully managed; and it is also permissible to zero-out funding for things that are poorly managed. Without a plan there is no funding; and full funding requires full oversight, not incomplete controls. The GOP and President are given the discretion by the Speaker to choose something that may approach middle ground; but the Speaker alone reserves the right to veto this plan without explanation and not provide the direction this President, GOP, and Senate want to abuse power, waste funds, or continue with what has not worked.

74. After four years of combat, this President, GOP and Senate have not met the standard for leadership: They refuse to adjust on their own; they expect more money for what is not working; and they have not reasonably communicated they are able to plan, even when threatened with loss of funding. That is well below a reasonable standard of what is expected of American officials.

75. This President alone chose this war of choice. Reality has smacked him in the face: He cannot deploy what does not exist; he cannot use in combat what are not trained; and he cannot lead what is insecure and not defended. The GOP Senate, and President have had since 2001 to organize; they have had time. A few more weeks isn’t going to make much difference. They had a plan before Sept 2001 of what to do by way of new legislation; surely there is a plan of what to do for the new reality: A new Speaker who is compelling the President, GOP, and Senate to lead.

76. The error is for the GOP, President, and Senate to not step up to the plate, take a swing at leadership, and attempt to do what they are not comfortable doing: Planning.

77. This President has only himself to blame: Not asking for help. His loyal basis sent a clear signal in November: they are upset and rejected him. They have every reason to be unimpressed with what continues -- more of the same.

78. This President has no business managing any war unless his is closely supervised. Left to his own, he has given us what we have: A mess. Our job is to guide him using better oversight to salvage something, even if it is just a token victory.

79. This GOP has no business in leadership or power: It has failed and has been rejected. Where leadership is not linked with a credible consequence, We the People should not be surprised to get more of what we have -- failed leadership, reckless war, and wasted funds chasing wasted lives.

80. This leadership in the GOP, Senate, and President are beyond clumsy -- they are alleged war criminals. They reuse to assent to he rule of law. The speaker is giving them a chance to show the world that they are capable, honorable people. The way forward is to accept the assistance of the Speaker with her intent: American can be proud of its leadership, even if they must e prodded by the Speaker.

81. The challenge facing the GOP, Senate, and President is simple" They must provide a plan; and they owe it to their party to provide the leadership they have long shirked.

82. It is reasonable for the GOP, Senate, and President to create a plan -- what they agree and fight for in DC is what they will have to implement on the battlefield. The time is now to subject that plan to the clash of factions in the Congress; the nest clash is one that is serous -- the battlefield. It is preferable we expose the weaknesses of his President's plan now while there is time to adjust, as opposed to battle where the only adjustment is in the wake of loss.

83. Americans demanded immediate change on November 2006. We go it: The GOP was thrown out of control of he Congress.

84. It would please me if the President, GOP, and Senate might focus on their plan to bring this illegal activity to a close, recognize the sacrifice of those they've poorly led, and commit themselves to find a way to ensure this doe snot happen again. They are free to provide a plan that they are comfortable with, and one that will meet the requirements of We the People and the Speaker -- Our Leader.

85. The Speaker has expansive powers. The President has one power: Executive. The President cannot make the speaker approve funds through Legislative Order; rather, the President has only the power to control what is under his control -- the GOP, the senate, and the staff working to develop or not develop a simple plan.

86. This President is on thin ice: He is an alleged war criminal. Where he recklessly refuses to manage a war, that is one error; but to recklessly engage in war crimes, is quite another.

87. Leaders who are unresponsive to reality -- defying the natural limitations imposed by his own power -- are dubious leaders, questionable at best; at worst, unfit for office. This President has no provided the troops the things they need; it is a separate matter whether even if they had what they needed that would be enough to challenge those who lawfully defy illegal, abusive warfare.

88. The GOP, Senate, and President need to point to their plan. Indeed, We the People are proud of Our Speaker -- she has provided the needed leadership; and has shown that she will outside the leadership in the GOP, Senate, and Executive Branch. Where the President, GOP, and Senate refuses to act, this speaker does lead, and confronts the issues. That is leadership.

89. We the people voted November 2006. We rejected the media, GOP, and the President. We the People continue to seriously review a New Constitution, one that would lawfully narrow the discretion of the Executive to wander aimlessly; and divide his power that he has abused into new areas, new divisions, and new people. We the People are making progress in overseeing this government. The state proclamations, with the lessons of leadership, are taking root in new soil.

90. It is reckless for the President to deploy troops in a war of choice, despite the GOP and Senate having the power to resolve this problem since 2001. It is fitting that the President admit that he alone made the decision to deny the troops the full support they needed to succeed. This President could have rejected bills, and worked with his own party to create what the alone needed to succeed. HE refused. We the People take note and shall not accept his refusal to not lead. He shall.

91. We the People have learned a valuable lesson: When the leadership fails, we must be prepared to offer solutions and provide that leadership. We have led with our vote; and we have delegated the power to compel this change to the Speaker. She is doing an admirable job. She can be trusted with many powers; this President, sadly, shows us that even with one power -- Executive -- he cannot be trusted. We stand ready to provide him the guidance he needs and has well communicated he requires. We owe it to the American public to ensure all people are fully supported by those who claim power; and are fully led with credible plans. Until then, we have no choice but to zero-out the funding for what cannot continue: Illegal warfare, recklessness, and this abuse of these finite, scarce, and valuable American combat resources.

92. Please forward your comments and suggestions to the President-GOP-Senate plan to the Speaker. She alone shall decide how she wishes to proceed. She is a busy Speaker. She has many powers. She is the leader of the House.

It is so ordered.