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Congressman Huelskamp corrects President Obama on IRS

– Today, Congressman Tim Huelskamp (R-Kansas) utilized a one minute floor speech to show the President where the IRS is located on the executive branch organization chart, educate the President on the legal definition of the term “independent agency,” apprise the President that Congress gave him the power to fire the IRS Commissioner, and admonish the President for his latest effort to pass the buck.

BACKGROUND

During his press conference on Monday, President Obama actually said: “If in fact IRS personnel … were intentionally targeting conservative groups … they have to be held fully accountable because the IRS as an independent agencyrequires absolute integrity.”

Numerous media outlets quoted or paraphrased the President’s obvious misstatement of law and fact without correcting it.  For example a USA Today story reported, “Noting that the IRS is an ‘independent agency,’ Obama said the tax laws must be applied in ‘a neutral and non-partisan way.’”  It took The New York Times three days to begrudgingly and belatedly correct the President: “But the president misspoke on Monday when he said that the I.R.S. was an ‘independent agency.’  It is not.”

For more than three quarters of a century – ever since the Supreme Court’s seminal Humphrey’s Executor decision in 1935, it has been universally recognized that Congress makes an agency independent (i.e., not subject to the direction and political control of the President) by including a “removable by the President only for cause” provision in an agency’s organic statute.

The Internal Revenue Service (IRS) is a bureau within the Department of the Treasury, which is an executive branch department headed by a cabinet officer.  The statute that creates the IRS Commissioner position empowers the President to appoint him (with the advice and consent of the Senate), empowers the Secretary to prescribe his duties, and empowers the President to remove him.  In other words, the Treasury Secretary and the IRS Commissioner beneath him serve at the pleasure of the President.  They are both at-will employees whom the President can fire at any time for a good reason, a bad reason, or no reason at all.

 

 

 

 

KS Kollections
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  • CR

    Timmy your my hero! Just kidding.

    • interesting

      I like funny caricatures too. He should replace the disney dog, goofy. Tim really reminds me of him, not as smart though. He’s good a tricks and following orders though.
      I wonder if he can hear dog whistles?

  • over taxed and fed up

    Except the head of the IRS ( a GWB appointee by the way) who presided over all of this investigation resigned over a year ago. But the do nothing Republicans in the Senate have blocked the person appointed to take the IRS over. So just like the ATF and numerous Departments, the Republicans have left them with no Director … nothing like obstruction and dereliction of their sworn oath to represent and serve the Citizens that elected them, not their party. And during the Bush Administration numerous Churches the NAACP and Planned Parenthood where given the same treatment in first four years of Bush’s Presidency, HYPOCRITES ONE AND ALL and Mr. Huelskamp is the biggest one of them all. How quickly they forget – “Do as I say, no as I DO” is the new Republican mantra.

  • Joe

    Was this a story written by sometime at Hays Post, or a reprint from somewhere else? The way it was worded reeked of partisanship. Each time I visit this website, I find more and more reasons to not return. That also means less of a chance for Eagle to earn my business for any of their services if this is the type of product to be expected from them.

    • re: Joe

      Eagle is very conservative. There’s a lot to read on here that has a real republican twang to it.
      Just proves conservatism keeps old ideas old. That’s why nex-tech runs this town now.
      Horray!!

    • http://hayspost.com american

      your right their is no reason to return, and don’t let the door hit you in the a$$

      • Joe

        You seem to be exactly the demographic Eagle is shooting for. Two out of the first three words you use are wrong. Being a Republican doesn’t mean a person is stupid, but being stupid normally means you are a Republican.