Obama Vs. Sanford (Two Peas in an iPod)

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SC Dem Congressman James Clyburn is absolutely furious with Lindsey Graham and Henry McMaster.  The only problem is he is mad at the two of them for something Mark Sanford did.  Then again, Clyburn’s having a real problem grasping what the Constitution actually is, so one can understand how he would mistake Lindsey and Henry for Mark Sanford.

“… Clyburn’s anger stemmed from the belief that Sanford’s rejecting the stimulus funds would result in up to 4,000 public school teachers losing their jobs.

Only, Clyburn’s directed the bulk of his rage at Attorney General Henry McMaster and Sen. Lindsey Graham.

“Over the last several weeks and without even going to court—the proper venue to determine constitutionality of federal laws—[McMaster, Sanford and Graham] have gone out of their way to ensure that South Carolina continues its long history of providing a minimally adequate education,” Clyburn said, referring to measures by McMaster and Graham to clarify who, exactly, controls the discretionary money.

“What makes ‘state stabilization’ funding different from the funding Governor Sanford has authorized to rebuild highways or increase unemployment checks?” questioned Clyburn. “Why aren’t Attorney General McMaster and Senator Graham calling on Governor Sanford to use the very same pen to accept the state stabilization money—which our taxpayers are providing—to retain teachers and give our state’s schools the opportunity to move beyond their minimally adequate legacy?”

Clyburn apparently didn’t realize that McMaster and Graham didn’t tell Sanford what to do with the money. All they did was provide a legal background on what funding Sanford controls and what happens if he chooses not to accept that money.

The irony is that, if Clyburn and the rest of the Congressional Democratic leadership hadn’t written such a slopping piece of legislation, McMaster and Graham probably wouldn’t have had to get involved….”

Remember the tale of Sanford Vs. Obama over the stimulus money?  Well, it just keeps going on going on. The latest round concludes with Obama threatening Sanford.  Is it a good idea for Sanford not to take the money, considering SC’s 11% unemployment, the mid-terms coming up, and grandstanding that could cost the state’s GOP establishment dearly.  Is it courage or is it grandstanding?

From FTS:

“…South Carolina’s state and local governments are already getting an estimated $7.3 billion in grants and other programmatic monies from the bailout (funds Sanford cannot touch), but this $700 million is exclusively up to the governor to request. Here’s a brief recap of how we got here … Even before it passed, U.S. Rep. Jim Clyburn successfully inserted a provision into the ginormous federal bailout permitting state lawmakers to claim the funds over the objection of individual governors. Shortly thereafter, U.S. Sen. Lindsey Graham said that Clyburn’s amendment was unconstitutional – an assessment McMaster obviously agrees with.Sanford, for his part, wrote President Obama earlier this month asking to use the money to pay down state debt, which Obama refused via a TV attack ad…”

SC Attorney General Henry McMaster announced that Mark Sanford (grandstanding POTUS wannabe – R2012) can legally thumb his nose at The One (incompetent)’s stimulus money.

“…McMaster’s 17-page opinion is nonbinding. But McMaster is in agreement with an opinion sought by U.S. Sen. Lindsey Graham, in which a research arm of Congress determined a provision in the stimulus bill allowing the General Assembly to bypass the governor and accept federal stimulus money might violate the 10th amendment.

The 10th Amendment of the U.S. Constitution guarantees state sovereignty.

McMaster, in his conclusion, wrote that a concurrent resolution by the General Assembly “has no force of effect of law.”

“Under the (stimulus act’s) express provisions, only the Governor (or in other cases, other officials pursuant to the particular terms of the Act) may apply to the Secretary of Education (or other federal agencies) for such funds, based upon the federal criteria for eligibility of such funds. Federal law bestows upon the Governor, as chief executive of the State, the discretion as to whether to apply for these funds.”…”

Evidently today, The One (incompetent) backed down and Mark Sanford Henry McMaster has won.  The Obama Administration has finally admitted that Henry McMaster’s  “Opinion” is correct.  The biggest loser in all of this may be Gresham Barrett, who is giving up his 3rd District Congressional seat to run against Henry for governor.  I think Henry may have just gone a long way to getting the nomination.

“…Graham, who last week called attention to a congressional report raising legal questions about a provision allowing legislatures to bypass governors in claiming the money, had asked for an opinion from the White House.

The White House letter follows release of an opinion on Tuesday by State Attorney Henry McMaster that said the governor would have to approve spending the money, even if the Legislature requested it.

Sanford, who has until Friday to request the money, has said he will only do so if the Legislature agrees to spend it on state debt. Lawmakers have warned that without the stimulus money, thousands of teachers will be fired, tuition at state colleges will increase by double digits and some prisons could be closed or inmates released early.

“Regardless of one’s opinion about the provision’s constitutionality, the Congress will not be able to fix this problem by Friday and allow the state legislature to apply for the funding,” Graham said in a statement. “Also, it is unlikely other states would want to pass a legislative fix that would assist South Carolina. By doing nothing, other states increase the chances they will receive a portion of the funding originally directed to our state.”

Graham repeated his opinion that Sanford should ask for the money because it is money paid by South Carolinians that could go to other states if he doesn’t.. He also said he hopes the governor and lawmakers can strike a compromise.

“It is my hope a win-win solution which addresses our state’s needs today while building a solid foundation for future generations can be achieved,” he said….”

Trackposted to Rosemary’s Thoughts, third world county, Democrat=Socialist, Conservative Cat, and The World According to Carl, thanks to Linkfest Haven Deluxe.

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