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April 2, 2009

Clyburn: A modern-day Alice in Wonderland

The State

By: James E. Clyburn

The fate of the stimulus money in South Carolina is beginning to remind me a bit of the fictional story of Alice in Wonderland, which would be comical if it weren't so vitally serious. Imagine the potential federal investment as Alice, falling into a strange world, not welcome by several of the main characters. We have the Mad Hatter - a governor whose tea party features generous helpings of debt reduction, unemployment, crumbling schools and a small array of ideologues who agree with his every nonsensical utterance. We have the Cheshire Cat - a U.S. senator who fades in and out of the debate and seems to leave a telling grin behind after tossing out political doublespeak that serves no purpose but to muddy the waters.

Let's be clear here: This is no fairy tale. This is real life and a real crisis for many South Carolinians. Political gamesmanship has no place in this effort to stimulate the economy, create jobs and save our schools. The characters have put proving their political ideologies above their duty as elected officials to represent the best interests of their constituents. Allowing - and even encouraging - the continued downward spiral of our state's economy while families struggle to keep their homes, put food on the table and provide a high-quality education for their children is unconscionable.

My actions to ensure the federal funds in the American Reinvestment and Recovery Act make their way to the people of South Carolina have been criticized by those who are removed from the reality of our state's suffering. The most puzzling critic - Sen. Lindsey Graham - has been completely disingenuous with his provocative arguments about "states' rights" and his motivation.

 His expansive interpretation of the language I inserted in the law to work around any governor who failed to accept the federal stimulus money is the epitome of political doublespeak. He flew into Charleston to make a media splash with his claim that the provision ran afoul of states rights' under the Tenth Amendment, citing an advisory memo from the Congressional Research Service. In fact, the opinion actually concluded that his interpretation was very broad and "disfavored."

The memo said the more likely interpretation of the law does not violate the Tenth Amendment - a conclusion affirmed by S.C. Attorney General Henry McMaster, who largely disposed of Tenth Amendment concerns in a footnote. The Office of Management and Budget has likewise concluded that the Clyburn amendment doesn't raise Tenth Amendment issues.

Sen. Graham weighed in again this past weekend in response to my assertion that I will ask Education Secretary Arne Duncan to reprogram the $787 million allocated for state stabilization funds in South Carolina if our governor and Legislature fail to accept it. I made it clear that this was not the preferred method, but it is within the scope of the law and may be necessary if there is no other means to ensure the funds come to South Carolina.

Sen. Graham called any attempt by Secretary Duncan to help the people of South Carolina "arrogant" and a "circumvention of the law." The law clearly states that the secretary has the power to reprogram 1 percent of the funding in the stimulus package.

So what is the senator's purpose? Is he looking for a way to help the students of South Carolina, or is he seeking a 2009 interposition? Most people of this state are not interested in hearing lessons on constitutional law. They would much rather see us working together, as I tried to do, to find constitutional and common ground to turn around the dire conditions in our state.

I think most South Carolinians would agree with Alice's assessment of Wonderland, "It would be so nice if something made sense for a change." The same could be said for the current climate in South Carolina. Many of our elected officials no longer make sense. While our state continues to delay, states around the country are effectively implementing the state stabilization money they have received. Forty-seven of the 50 states have set up Web sites reporting what they are doing with their portion of the stimulus money. South Carolina is one of only three states that isn't publicizing its progress. There is no need to wonder why.

Mr. Clyburn, who represents South Carolina's 6th Congressional District, is the House majority whip.