White House Senior Adviser Daniel Pfeiffer blasts Republicans over lawsuit

Daniel_PfeifferWhite House adviser Daniel Pfeiffer sent out an email blasting Republicans for filing a lawsuit over the illegal use of Executive Orders by the current administration.

Executive orders are not a Constitutional power granted to the President. They are not even mentioned in the Constitution. Executive orders were used first by President George Washington to instruct cabinet members on the manner in which they were to enforce laws passed by Congress. Neither he, nor his successors—until Woodrow Wilson—used executive orders to make laws.

The ability of executive order and bureaucracies to create law was ruled unconstitutional in the decision of Gibbons v. Ogden, 22 U.S. 1 (1824). In Paragraph 146 of the decision Chief Justice John Marshall wrote:

…for the power which is exclusively delegated to Congress, can only be exercised by Congress itself, and cannot be sub-delegated by it.

Pfeiffer’s email reads:

The House of Representatives just took a vote — and it wasn’t to raise the minimum wage, put in place equal pay, create jobs, or reform our broken immigration system.

Instead, the Republican-controlled House of Representatives just voted to sue the President for using his executive authority. This lawsuit will waste valuable time and potentially millions of
taxpayer dollars.

This is the least productive Congress in decades. And instead of doing their job, they are suing the
President for doing his.

The President is committed to making a difference for the millions of hardworking Americans trying to do right by their families and communities. While Republicans in Congress continue to waste taxpayer money, this President is going to keep doing his job.

If you’re doing your own job — and you support President Obama doing his — add your name.

President Obama remains ready and willing to work with Republicans in Congress if they decide to get serious and do something for the American people. But he is also committed to acting even as Congress won’t. You’ve seen that time and time again this year — from raising the federal minimum wage on new federal government contracts, to expanding apprenticeship opportunities and making student loan payments more affordable.

The President is not going to back away from his efforts to use his authority to solve problems and help American families. In fact, tomorrow, President Obama will announce his next executive action to crack down on federal contractors who put workers’ safety and hard-earned pay at risk. It’s just the next in a series of steps this Administration will be taking this year to make sure that American workers are getting a fair deal, and he has pledged to take executive action to deal with our broken immigration system in the months ahead.

That’s what this President is focused on. If you want to see it continue, and are sick and tired of stunts like the House Republicans’ lawsuit, then say so:

http://www.whitehouse.gov/doing-his-job

Libertarian Candidate Thwarts 2nd Republican Attempt To Bump Him From The Ballot.

Photo Hess for Governor Web Site

Photo Hess for Governor Web Site

PRESS RELEASE – Arizona’s Republican leadership just got another black-eye, in their relentless attempts to keep Libertarian candidate for Governor, Barry Hess, off of the ballot. In a series of shady middle-of-the-night dealings last year, Republican leaders pushed HB 2305 to the Governor’s desk with exclusively Republican support; to make it almost impossible for Libertarian candidates to get on the ballot. In many instances, HB2305 required Libertarian candidates to gather more signatures for their nomination than there were members of the Libertarian party.

In September of last year, Hess led the largest and most diverse coalition in Arizona history to send HB2305 to the ballot, instead–by Citizen’s Referendum. It was the first successful such effort in almost 30 years, with almost as many attempts.

Republicans were set back on their heels and scrambled to repeal their own legislation in an effort to hide the issue from the Voters in November.

Last week, the GOP funded a challenge to 37 of Hess’s nominating signatures which would have left him 5 short of the required number needed to appear on the ballot to represent the Libertarian Party. Hess’ legal teams immediately found no less than 12 of the disputed signatures were in fact valid, and today, the County Recorders weighed in to verify 20 of the disputed signatures as valid. The suit was dismissed.

Hess commented, “We were never concerned about the numbers not being there, but now we’re concerned about the obvious frivolousness of the challenge, and the potential of fraud on the Court having been committed by only identifying the ‘throw away’ member of their club who agreed to be the Plaintiff; and not the real party behind the scheme.

It seems the goal is to shield GOP candidates from having to actually address the issues, and defend their positions on the campaign trail. Maybe the problem is my polling ahead of most of their candidates; whatever the case they must have wanted me off the ballot pretty badly to put up big money for a frivolous suit. What surprises me the most is that Snell & Wilmer would lend their credibility to these grade-school attempts to avoid having to compete for elected office.