Wednesday, March 13, 2013

Judge Napolitano: "Because Obama Has No Budget, He Can Spend Money Any Way He Wants"

English: Judge recording an episode of at CPAC...
English: Judge recording an episode of at CPAC in . (Photo credit: Wikipedia)

Did you know that BECAUSE President Obama does not have a Budget, and has not had one for four years, that he can spend money any way he wants?

Fox News analyst Judge Andrew Napolitano asserted in an interview with Stuart Varney on Fox Business Network's "Varney & Co.," that since Obama was not mandated to spend money according to budget requirements, he is therefore free to take money from any department and allocate it as he wishes within that department.

This point emerged in the interview, as Varney and Napolitano were discussing whether or not Obama's failing to pass a budget was a violation of the law.  Judge Napolitano asserted that it was a violation of the law, and then went on to inform Varney that, additionally, Obama was able to direct funds available to him any way he wanted BECAUSE there was no budget to dictate how that money was to be spent within that department.

According to this explanation, Obama is not only willfully violating the law by not creating a budget, he is bypassing, circumventing, and rendering null and void, the Constitution of the United States in this matter.

Said Napolitano:
"...There is no legal mechanism from preventing [the President] from switching funds from A to B..."
Looking at the Constitution's Article 1, Section 9, in the seventh clause, it states that no " shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and account of Receipts and Expenditures of all public Money shall be published from time to time..."

Article 1, Section 5, second clause reserves to each House of Congress the authority to determine the rules governing its procedures.  Congress therefore enacted the Congressional Budget and Impoundment Control Act of 1974 (otherwise known as the Budget Act).

That act mandates that the President submit a budget in which he determines what it's going to cost to fund the operation of the Federal government.  This is required by law to be done by the first Monday in February, which Judge Napolitano pointed out, has already passed, and which Law has been violated again by Obama.

Additionally, according to Napolitano, there are no legal restraints prohibiting the President from shifting funds within a particular department at his discretion.

There is a "Line Item Veto Act of 1997," which allows the President to cancel specific budget obligations, and these can be countered by the enactment of a Bill by Congress; however, in order for this to be in effect there must be a budget in the first place.

Napolitano's take on this matter sheds a new light on the possibility of WHY Obama has not submitted a budget proposal for four years.  It may be that it has been to be able to direct federal monies within certain departments without the restraints or dictates of a mandated budget.

If that is the case, each day that there is no budget, the Will of the People is being maliciously violated, and the purpose and intent of programs, as they were passed by the representatives of government for their Constituents (YOU), are being contravened, and the President, and any agent or charge of the federal government that does not immediately act to halt this act of criminal fraud is complicit and liable for their failure to thwart these crimes.

And We The People must take measures immediately to remedy this, or be complicit in our failure to act.

(See the Varney / Napolitano Interview HERE...)

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