The Wall Street Journal-20080201-The Constitution Forbids Non-Legislated Earmarks

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The Constitution Forbids Non-Legislated Earmarks

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Your editorial "12-Step Earmark Withdrawal" (Jan. 28) failed to mention one of the more disturbing aspects of actually disbursing money for non-statutory earmarks: It's unconstitutional! Section 9 of Article I provides that "No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law"; Section 7 of Article I sets out the only -- and well known -- procedure by which Congressional enactments can become law; Article VI provides that "This Constitution. . .shall be the Supreme Law of the Land"; and Section 3 of Article II provides that ". . . he [the President] shall take Care that the Laws be faithfully executed."

While the problem of non-statutory earmarks originates in Congress, the failure of a succession of presidents to fulfill their clear Article II duty of oversight in this area is ultimately responsible for its persistence.

If we are truly to be a nation "governed by laws, not men," President Bush's exercise of that duty by the well-established means of issuing an Executive Order is not only legitimate, but long overdue.

James B. Wilkens, Sr.

Titusville, Pa.

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I was glad to see the examples noting distribution of pork and its failure to be reliable as incumbent protection. Realistically though, it seems to have worked well enough and long enough -- witness the Alaska senators and my own here in Washington state.

The missing observation is that the current batch of politicians is no more principled than any other and that, absent voter revulsion, little is likely to change.

It reflects poorly on the incumbents and their constituents when the elected representative is seen more as a gangland boss distributing largess and not as an elected representative of the people with a unique obligation to all the people. Looks like we're getting what the majority want -- or the voters are asleep.

J. George Pikas

Seattle

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In your editorial you state, "As every reformed addict knows, the road to recovery is long and hard." Since addiction is a chronic illness, addicts are not "reformed," they are reforming, or better yet, recovering.

Also, recovery is not a destination, it is a journey. Hopefully that journey is long, but it need not be hard.

Charles G. Hayes

Fair Haven, N.J.