Outsourcing Legislation from WH to the House of Representatives

[Paul Finkelman]

Ok, I will rephrase.

An incredibly cynical and deeply dishonest statement about how the Constitution works.  It is beyond understanding how you "outsource" the writing of legislation to the Constitutionally created branch that is supposed to pass legislation.  Either Cantor does not know that the Constitution vests Congress with the job of passing legislation or he is being totally dishonest about the power.  

I can only imagine what he would said if Obama had sent down a bill written out in detail and told the Democratic majority in both houses, "Pass this! Pass it now, as it is."
I am sure Congressman Cantor would have said something like "The president is usurping the legitimate power of Congress to write legislation."  
Anyone think I am wrong on this?

 ----
Paul Finkelman
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY  12208


518-445-3386 (p)
518-445-3363 (f)


paul.finkelman at albanylaw.edu


www.paulfinkelman.com




________________________________
From: Nelson Lund <nlund at gmu.edu>
To: "Miller, Darrell (mille2di)" <mille2di at ucmail.uc.edu>
Cc: "Rosenthal, Lawrence" <rosentha at chapman.edu>; "Conlawprof at lists.ucla.edu" <Conlawprof at lists.ucla.edu>
Sent: Fri, January 29, 2010 5:35:24 PM
Subject: Re: Outsourcing Legislation from WH to the House of Representatives

 As I said,
Rep. Cantor's criticism of the President may be right or wrong (I take
no position on that question). But it was not "incredibly dumb" and it
certainly need not have reflected some risible ignorance of the
Constitution.

With respect to the last point, it would seem to require a novel notion
of fairness to say that it's unfair to criticize a President for
showing a lack of political judgment.

Nelson Lund
George Mason



 
> 
>
________________________________

>From:"Miller,
>Darrell (mille2di)" <mille2di at ucmail.uc.edu>
>To: "Conlawprof at lists.ucla.edu"
><Conlawprof at lists.ucla.edu>
>Sent: Fri, January 29, 2010 2:43:38 PM
>Subject: Outsourcing Legislation from WH to the House of
>Representatives
> 
>From Politico, full
>link here: http://www.politico.com/news/stories/0110/32192_Page2.html
> 
>Cantor criticized
>Obama for last year’s “outsourcing of the
>legislative activity from the White House
>to Nancy Pelosi here in this House,” which he said has resulted
>in
>“a bill shift and an agenda shift way to the
>left
>and outside the mainstream of this country.”
> 
>To me, this seems like
>a fairly gross exploitation of people’s
>ignorance of our system of divided government, and an indictment of
>partisan
>gerrymandering which makes this kind of statement politically resonant.
> 
> 
>Darrell A.H. Miller 
>Assistant Professor of Law
>University of Cincinnati
>College of Law
>PO Box 210040
>Clifton Avenue & Calhoun
>Street
>Cincinnati, OH 45221-0040
>v: 513-556-0133
>>f: 513-556-1236
>>e: darrell.miller at uc.edu
> 
>faculty page:
>http://www.law.uc.edu/faculty/profiles/miller.php
> 
>SSRN:  
>http://ssrn.com/author=1107305 
> 
> 
>
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>>-- 
>>Prof. Steven Jamar
>>Howard University School of Law
>>Associate Director, Institute of Intellectual Property and Social
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>(IIPSJ) Inc.
>
________________________________

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