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It's Time to Pressure Clinton to Back Down
Thomas L. Jipping
November 18, 1999

As President Clinton's tenure in office has progressed, so has his assault on
American values, society, and culture.
In the early years, that assault took the form of liberal and big-government
policy proposals. He wanted to socialize health care and allow openly
homosexual individuals in the military. And he declared war on the unborn.

That was bad enough, but at least these were political proposals placed on
the national agenda and that could be debated and fought over. That health
care takeover was thwarted, and Clinton actually signed into law a ban on
open homosexuals in the military. On the other hand, he issued pro-abortion
executive orders and has three times vetoed a national ban on partial-birth
abortion that Congress has been unable to overturn.

Clinton has been very skillful at using these political battles, even those
he might lose in the short term, to achieve long term goals. Conservatives
long advocated a balanced federal budget. Now we realize that the federal
budget can be balanced, even without using Social Security money to do it, at
an astronomically high level of taxation and spending. Clinton has achieved a
short-term, specifically conservative goal, while maintaining and even
expanding long-term general liberal control.

Taxing is the power to destroy and spending is the power to regulate, and
Clinton has preserved both while taking the air out of a major conservative
issue.

In the second chapter of this saga, were the scandals. This was activity with
a profound effect on America, but at an entirely different level. Americans
don't mind political differences as long as their leaders are decent, honest,
moral people. But here was an administration rocked with one scandal after
another. A record number of independent counsels investigated political
corruption within the United States and originating abroad.

There are almost too many "-gates" to remember: Travelgate, Filegate,
Whitewatergate, Chinagate, Monicagate...you know the list. Clinton is a
pathological liar and has paraded his perverse, degenerate lifestyle for all
to see.

In Chapter Three we see the co-opting and politicizing of the most coercive
and abusive arms of the state to spy on and control American citizens. One of
the best things the Republican Congress has done is hold hearings on IRS
abuses, but the transformation of the federal government goes far beyond
that. Agencies throughout the government now have regiments of armed agents,
and among the most menacing are those making and enforcing environmental
regulations.

The politicizing of law enforcement -- using FBI files to spy on political
enemies, the killing of American citizens at Waco and Ruby Ridge, and the
most recent targeting of religious people related to Y2K -- may have
permanently undermined what is supposed to be one of our most important
protections against lawlessness.

Led by the Free Congress Foundation's Lisa Dean, grassroots Americans beat
back the FDIC's proposal for profiling bank customers and Congress' push for
a national identification system; now the Federal Reserve is exploring ways
of tracking and manipulating how you use currency.

Finally, chapter four is Clinton's attack on the very structure and process
of the Constitution. We live in an ends-justify-the-means culture and Clinton
will stop at nothing to get what he wants. America's founders knew that the
separation of governmental power among three branches and the division of
power between the federal and state governments are the most important ways
of preserving our freedom.

Clinton has attacked both. He has used executive orders and appointed
activist judges to take away legislative authority from Congress. He
continues to push expansion of the federal government's authority over
matters that belong entirely to the states.

His most recent push is for the federal government to pay 100,000 teachers,
just as it did those 100,000 cops. Remember, spending means regulation and
here we see two of the most traditionally local functions -- education and
law enforcement -- being taken over by the feds.

Clinton's latest scheme is using his power to make so-called recess
appointments to install people the Senate will not confirm. The constitution
allows a president temporarily to fill vacancies that occur during a Senate
recess without Senate confirmation.

Clinton is now considering using this narrow exception to the confirmation
requirement as a wholesale assault on the confirmation process. He is
considering a recess appointment for judges, including controversial radical
nominees Richard Paez and Marsha Berzon and even for Ronnie White, whose
confirmation has actually been defeated by the Senate.

No president has ever attempted, by recess appointment or even ordinary
re-nomination, to install someone formally rejected by the Senate. No
president has recess-appointed a judge in 20 years. None of the vacancies
Clinton wants to fill by this gimmick occurred during a recess, so none of
them are covered by the Constitution in the first place.

Here's a chance for the Republican leadership to draw the line. Liberal,
big-government politics, corruption and scandal, and perhaps even
manipulating the coercive arm of regulation and law enforcement are hopefully
temporary. But messing with the constitutional fundamentals goes too far.

That step will change our system of government forever and leaders of the
Republican Congress should call a halt. They could draw a line at these
recess appointments, and demand that Clinton back off from what would amount
to a constitutional crime.

In many ways, Clinton is like a juvenile delinquent or a petty criminal. If
confronted, he will back down. I picture that new Taco Bell commercial, with
the cops rushing into the house and confronting the guy. Perhaps Majority
Leader Trent Lott could lead the pack and tell Clinton to back off and demand
that he "drop the chalupa."

Thomas L. Jipping, J.D., is Director of the Free Congress Foundation's
Judicial Selection Monitoring Project.






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