Mr. President:
It occurs to me that the component of the deal to extend the payroll tax break requiring you to take a public position on the Keystone XL Pipeline and, if you disapprove the deal, to certify that it is not in the national interest … is a violation of the separation of powers. Congress cannot constitutionally compel you to do that which is not provided in the Constitution.
Therefore, in my view, you should feel free to accept the deal, take the benefit of it, and then promptly tell the Republicans to shove the pipeline up their arse, and remind them that you will not permit this or any other Congress to so limit the power of the Executive.
Just a thought.
Merry Christmas.
D.A. Winston
Boulder
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