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Boehner: House will sue Obama
The Hill ^ | June 25, 2014 | Russell Berman with Cristina Marcos

Posted on 06/25/2014 11:03:48 AM PDT by Cincinatus' Wife

Speaker John Boehner (R-Ohio) on Wednesday said he plans to sue President Obama on behalf of the House over his frequent use of executive actions that Republicans believe are beyond his authority.

During his weekly Capitol press conference, the Speaker accused the president of violating his oath of office by not “faithfully executing the laws of our country.” But Boehner said the lawsuit would not lead to an attempt to remove Obama from office.

“This is not about impeachment,” Boehner said. “This is about his faithfully executing the laws of our country.”

The Speaker would not say what specific executive actions the House would challenge, though Republicans have long complained that Obama has exceeded his authority in the various delays the administration has announced in implementing the Affordable Care Act, as well as the president’s enforcement of immigration laws.

A lawsuit could take years to wind through the courts and outlast the Obama presidency. Minority Leader Nancy Pelosi (D-Calif.) on Tuesday called the move “subterfuge,” but Boehner denied it was designed to gin up the Republican base ahead of the November midterm elections.

“This is about defending the institution in which we serve,” he said. “You know, if you look back over the last 235 years of our history, there’s been a movement between the inherent powers of the executive branch and the inherent powers of the legislative branch.

“And what we’ve seen clearly over the last five years is an effort to erode the power of the legislative branch,” the Speaker continued. “I believe the president is not faithfully executing the laws of our country, and on behalf of the institution and the Constitution, standing up and fighting for this is in the best long-term interest of the Congress.”

A Boehner aide said more details on the lawsuit could be made available Wednesday afternoon.

Cristina Marcos contributed.


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: boehner; boehnerlawsuit; eo; executiveorder; impeachobama; legislature; separationofpowers; sueobama
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George F. Will: Stopping a lawless president
1 posted on 06/25/2014 11:03:48 AM PDT by Cincinatus' Wife
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To: All

http://thehill.com/blogs/blog-briefing-room/news/210548-wh-boehner-lawsuit-not-the-way-to-go

White House: Boehner move ‘not the way to go

Justin Sink, The Hill - June 25, 2014 - 1:25pm

Republicans have “shifted their opposition into a higher gear” with Speaker John Boehner’s (R-Ohio) planned lawsuit against President Obama, the White House said Wednesday.

“Frankly it’s a gear I didn’t know existed,” White House press secretary Josh Earnest told reporters. “The fact they are considering a taxpayer-funded lawsuit against the president of the United States is a step that I think most of the American people wouldn’t support.”

“We feel completely confident that the president was operating within his authority,” he said.

“I am not sure what the strategy is behind the House Republican announcement today.”

Earnest added that the lawsuit is not something that will consume the attention of the White House.

Earnest also accused Republican leaders of “lapsing into these kind of tactics” that have ground Capitol Hill to a halt, and said the lawsuit was “frankly not the way to go.”

The spokesman said that the president preferred “that we be able to find opportunities” to work with Congress, calling legislation the “focal point of the president’s domestic agenda.” But, he said, the president has also looked for opportunities to act where Congress has not.

Earlier Wednesday, Boehner told reporters on Capitol Hill he would file the lawsuit because he believes the president has not been “faithfully executing the laws of our country.”

“This is about defending the institution in which we serve,” he said. “You know, if you look back over the last 235 years of our history, there’s been a movement between the inherent powers of the executive branch and the inherent powers of the legislative branch.

“And what we’ve seen clearly over the last five years is an effort to erode the power of the legislative branch,” the Speaker continued. “I believe the president is not faithfully executing the laws of our country, and on behalf of the institution and the Constitution, standing up and fighting for this is in the best long-term interest of the Congress.”

Boehner did not immediately say which of the president’s recent executive actions he would be challenging in court.

Republicans have complained vocally about both delays the Obama Administration imposed unilaterally during the implementation of the Affordable Care Act, as well as the president’s move to allow some migrant children who entered the country illegally to remain under a deferred action program.

Earnest would not say if Boehner told Obama about the plans when the Speaker visited the White House for a golf event on Tuesday afternoon.

update 1:46


2 posted on 06/25/2014 11:05:17 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

But Boehner said the lawsuit would not lead to an attempt to remove Obama from office.

Then why bother? A law suit? Yawn!


3 posted on 06/25/2014 11:05:50 AM PDT by bikerman (Bowe Bergdahl is a traitor not a hero and should be hung.)
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To: Cincinatus' Wife

Through a veritable Niagara Falls of bitter tears, Boehner pledged to take down Obama.

... and everyone laughed


4 posted on 06/25/2014 11:06:40 AM PDT by Viennacon (Rebuke the Repuke!)
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To: Cincinatus' Wife

Better late than never? Should have done it right off the bat the first time. When you don’t swat a punk down, they keep right at the same thing. Just like a child, if you don’t do anything, it is assumed consent.


5 posted on 06/25/2014 11:06:43 AM PDT by vpintheak (I will not comply!)
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To: Cincinatus' Wife

~~~“This is not about impeachment,” Boehner said.~~~

Oh, of course not. He’s your golfing buddy.


6 posted on 06/25/2014 11:06:52 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: bikerman

More like an empty suit really


7 posted on 06/25/2014 11:06:58 AM PDT by Viennacon (Rebuke the Repuke!)
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To: Cincinatus' Wife

Obama and Valerie are laughing hysterically, rolling around the floor of the Oval Office, holding their sides in pain, and gasping for breath between hoots.


8 posted on 06/25/2014 11:07:41 AM PDT by JT Hatter (Who is Barack Obama? And What is He Really Up To?)
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To: Cincinatus' Wife

More Kabuki theater.


9 posted on 06/25/2014 11:08:15 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: Cincinatus' Wife

“he plans to sue”

Codewords for “No I won’t, especially after the threats I will receive at the secret White House luncheon to which I have just been invited.”


10 posted on 06/25/2014 11:08:27 AM PDT by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: Cincinatus' Wife

“Sue” as opposed to “impeach”?


11 posted on 06/25/2014 11:08:30 AM PDT by PapaNew
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To: Cincinatus' Wife

That should really scare Obama.
Bonehead is worthless.


12 posted on 06/25/2014 11:08:58 AM PDT by tennmountainman (Just Say No To Cochran And Boss Hogg.)
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To: E. Pluribus Unum

Exactly! And I’ve seen way to many re-runs.


13 posted on 06/25/2014 11:10:07 AM PDT by tennmountainman (Just Say No To Cochran And Boss Hogg.)
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To: Cincinatus' Wife
How sweet of Boner to reassure Obama he will not get impeached.. Remember when he assured Lois Lerner the House would not arrest her?

How come the EFFING IDIOT BOEHNER seeks to reassure America's enemies that they need not fear retaliation for their crimes?

14 posted on 06/25/2014 11:10:33 AM PDT by CivilWarBrewing
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To: Cincinatus' Wife
“This is about defending the institution in which we serve,”

Then why didn't you do this three years ago? We've been screaming as loud as we could and YOU, Mr. Speaker, would not listen to us!

15 posted on 06/25/2014 11:10:36 AM PDT by PistolPaknMama
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To: Cincinatus' Wife
Is this why 0bama was hiring trial lawyers a few weeks ago?
He knew this was coming. Boehner told him. Theater for the masses. Nothing of importance will come of it.

16 posted on 06/25/2014 11:12:49 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: JT Hatter
laughing hysterically, rolling around the floor of the Oval Office

That would be ROFLOO.

17 posted on 06/25/2014 11:13:14 AM PDT by PistolPaknMama
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To: Cincinatus' Wife

18 posted on 06/25/2014 11:13:52 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: bikerman
A law suit? Yawn!

Ditto

19 posted on 06/25/2014 11:14:29 AM PDT by mc5cents ("Resistance to tyranny is obedience to God." - Thomas Jefferson)
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To: bikerman; All

http://www3.blogs.rollcall.com/218/obama-lawsuit-boehner-house/

Daniel Newhauser, Roll Call - Posted at 5:11 p.m. June 24

“Speaker John A. Boehner, R-Ohio, told Republicans Tuesday he could have an announcement within days on whether the House will file a lawsuit against President Barack Obama, challenging the executive actions that have become the keystone of the administration.

The lawsuit could set up a significant test of constitutional checks and balances, with the legislative branch suing the executive branch for ignoring its mandates, and the judiciary branch deciding the outcome.

Boehner told the House Republican Conference during a closed-door meeting Tuesday morning that he has been consulting with legal scholars and plans to unveil his next steps this week or next, according to sources in the room.

Boehner spokesman Michael Steel said further action is necessary because the Senate has not taken up bills passed by the House targeting executive actions. The House has passed a bill expediting court consideration of House resolutions starting lawsuits targeting executive overreach and another mandating that the attorney general notify Congress when the administration decides to take executive action outside of what has been authorized by Congress.

“The president has a clear record of ignoring the American people’s elected representatives and exceeding his constitutional authority, which has dangerous implications for both our system of government and our economy,” Steel said. “The House has passed legislation to address this, but it has gone nowhere in the Democratic-controlled Senate, so we are examining other options.”

It remains unclear which executive action or actions the House would challenge, but Obama has given Congress ample targets. In the last several years, he has issued executive actions halting deportations of hundreds of thousands of immigrants who came to the country as children, extending the family and medical leave benefits to gay couples and raising the minimum wage for federal contractors. He has also worked around legislative deadlines for enacting provisions of the Affordable Care Act and issued other executive actions relating to the environment and the gender and race pay gap.

Obama has said he takes executive action because of a divided Congress’ inability to pass laws targeting important issues of the day. Congressional Republicans contend such actions are unconstitutional and thwart Congress’ power.

But individual members of Congress do not have standing to sue because they are not legally recognized as injured parties. Congress as an institution, on the other hand, may sue on the grounds that there has been institutional injury done because their legislative powers have been nullified.

One path Boehner could take would be to convene the Bipartisan Legal Advisory Group, a panel of leaders created in 1993 that votes on whether or not to sue on behalf of the House. The group consists of the speaker, the majority leader, the majority whip, the minority leader and the minority whip, and it would act on a majority vote.

Boehner last convened the group when the Obama administration dropped its defense of the Defense of Marriage Act in 2011. The House has since dropped its challenge of the law. At the time, however, Minority Leader Nancy Pelosi of California objected to the challenge holding that it was an unwarranted way to spend taxpayer money. Her spokesman, Drew Hammill, said she will likely object similarly if Boehner moves forward with a lawsuit against the president.

“While the urgent needs of the American people are ignored by House Republicans, it is reprehensible that Speaker Boehner plans another doomed, legal boondoggle after he spent $2.3 million in taxpayer dollars unsuccessfully defending discrimination in federal courts,” Hammill said.

Boehner’s legal theory is based on work by Washington, D.C., attorney David Rivkin of Baker Hostetler LLP and Elizabeth Price Foley, a professor of law at Florida International University College of Law.

Rivkin said in an interview that in addition to proving institutional injury, the House would have to prove that as an institution, it has authorized the lawsuit. A vote by the Bipartisan Legal Advisory Group would do so.

The suit would also have to prove that no other private plaintiff has standing to challenge the particular suspension of executive action and that there are no other opportunities for meaningful political remedies by Congress, for instance by repeal of the underlying law.

“Professor Foley and I feel that if those four conditions are met, the lawsuit would have an excellent chance to succeed. This is particularly the case because President Obama’s numerous suspensions of the law are inflicting damage on the horizontal separations of powers and undermine individual liberty,” Rivkin said.

Rivkin and Foley have argued in op-eds that most of Obama’s executive orders have been benevolent — that is, they have exempted classes of citizens from the law, for instance through deferred action for childhood arrivals. Therefore, no individual has standing to sue because the actions have helped people. Congress as an institution, however, can sue because the actions flout the laws they have passed.

They have argued that short of impeachment, there is no other check to the president’s issuance of executive actions.”


20 posted on 06/25/2014 11:14:34 AM PDT by Cincinatus' Wife
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To: Cincinatus' Wife

IT NEEDS TO BE ABOUT IMPEACHMENT AND REMOVAL AND WHATEVER ADDITIONAL & APPROPRIATE ACTION IS NECESSARY TO ENSURE THAT THIS SCUM BAG PAYS THE CONSEQUENCES FOR THE PAST SIX YEARS OF HELL HE HAS PUT THIS COUNTRY THROUGH. PERIOD.


21 posted on 06/25/2014 11:15:46 AM PDT by fivecatsandadog (OBAMA ..IMPEACH, REMOVE, AND IMPRISON.)
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To: Cincinatus' Wife

Frankly, I watched Will calmly talk about Obama as President for years. Always with respect, decorum and in the vein as a discussion-worthy President who may be misdirected or overly liberal in one view or another, but STILL a legitimate President who had the best interests of this country at hand.

Loyal, but not-to-vocal opposition. Token opposition at that, being a twice weekly paid contributor to the Washington Post.

Too late the bandwagon, George. We don’t need you to tell us anything about Obama. We have LIVED it for nigh on SIX YEARS - you have certainly most not!


22 posted on 06/25/2014 11:15:59 AM PDT by Gaffer
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To: Cincinatus' Wife
And just what legal theory applies?

Any citation(s) to Federlist Papers?

23 posted on 06/25/2014 11:16:39 AM PDT by jamaksin
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To: Cincinatus' Wife

He’ll be out of office before the suit even gets going.


24 posted on 06/25/2014 11:17:10 AM PDT by b4its2late (A Progressive is a person who will give away everything he doesn't own.)
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To: jamaksin

LOLOLOLOLOLOLOLOLOL!!! Boehner you’re a worthless sack of crap.


25 posted on 06/25/2014 11:17:33 AM PDT by gwgn02
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To: Cincinatus' Wife

It will be very interesting to see if the administration’s argument rests upon authority derived pursuant to the bankruptcy of 1933.


26 posted on 06/25/2014 11:17:40 AM PDT by Carry_Okie (ObamaCare IS Medicaid: They'll pull a sheet over your head and send you the bill.)
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To: Cincinatus' Wife

The only way this could be a positive thing for the country is if they are able to successfully charge him with overstepping his bounds, he ignores the verdict and at that point there is sufficient public and congressional support for an impeachment. Although, this would all need to happen very quickly to have any possibility of happening. If this process was started 3 years ago as it should have been, it would be a completely different story.


27 posted on 06/25/2014 11:17:59 AM PDT by nitzy
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To: E. Pluribus Unum

Righto. “Boehner did not immediately say which of the president’s recent executive actions he would be challenging in court.” All hat and no cattle.


28 posted on 06/25/2014 11:18:04 AM PDT by ex-snook (God forgives and forgets.)
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To: Cincinatus' Wife

If he sues over obamas order to DHS not to enforce immigration laws, I’m all for it


29 posted on 06/25/2014 11:18:31 AM PDT by Bulwinkle (Alec, a.k.a. Daffy Duck)
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To: Cincinatus' Wife

“Boehner: House will sue Obama”

Put him on double secret probation as well. That will really scare him.


30 posted on 06/25/2014 11:19:01 AM PDT by I cannot think of a name (\w)
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To: Cincinatus' Wife

bmp


31 posted on 06/25/2014 11:19:25 AM PDT by topher (Traditional values -- especially family values -- which have been proven over time.)
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To: PapaNew

Politically, there is no chance for impeachment.

Honestly there is little chance for the suit either, but it makes for good theater.


32 posted on 06/25/2014 11:19:55 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Cincinatus' Wife

http://www.capitalisminstitute.org/impeach-and-prosecute-obama/


33 posted on 06/25/2014 11:20:08 AM PDT by make no mistake
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To: Cincinatus' Wife; maggief; WildHighlander57; LucyT

...Boehner spokesman Michael Steel said further action is necessary because the Senate has not taken up bills passed by the House targeting executive actions. The House has passed a bill expediting court consideration of House resolutions starting lawsuits targeting executive overreach and another mandating that the attorney general notify Congress when the administration decides to take executive action outside of what has been authorized by Congress.
...
It’s all Harry’s fault!


34 posted on 06/25/2014 11:21:32 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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To: Cincinatus' Wife
A lawsuit could take years to wind through the courts and outlast the Obama presidency.

Yawn. Another political dog-and-pony show to distract the masses.

35 posted on 06/25/2014 11:21:38 AM PDT by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
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To: Cincinatus' Wife

This is so absurd! Boehner is looking for a court???

The court of first impression for failing to take care that the laws be faithfully executed IS THE HOUSE OF REPRESENTATIVES!!!!

And John Boehner is the Speaker!!!


36 posted on 06/25/2014 11:23:46 AM PDT by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: Cincinatus' Wife
"Earnest would not say if Boehner told Obama about the plans when the Speaker visited the White House for a golf event on Tuesday afternoon."

What a farce.

37 posted on 06/25/2014 11:23:53 AM PDT by Solson (The Voters stole the election! And the establishment wants it back.)
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To: Cincinatus' Wife

Start with impeachment of H0lder.


38 posted on 06/25/2014 11:28:00 AM PDT by Paladin2
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To: Cincinatus' Wife

“Speaker John Boehner (R-Ohio) on Wednesday said he plans to sue President Obama on behalf of the House over his frequent use of executive actions that Republicans believe are beyond his authority.”

I have to admit, Suntan Johnny surprised me with this. I did not expect him to initiate anything like this until Barry’s last day in office.


39 posted on 06/25/2014 11:31:32 AM PDT by SharpRightTurn (White, black, and red all over--America's affirmative action, metrosexual president.)
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To: Cincinatus' Wife

Another opportunity for Obama to laugh at this worthless excuse for a Republican leader, and another opportunity for Boehner to once again be a public embarrassment to the Republican Party.


40 posted on 06/25/2014 11:32:04 AM PDT by Reddon
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To: E. Pluribus Unum

Yup, the establishment is trying to placate the base in the run up to November. It is all a sham.


41 posted on 06/25/2014 11:32:13 AM PDT by The Unknown Republican
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To: Cincinatus' Wife

This is the third such headline today. The last one changed as I was commenting.

He is not suing

He is talking about it


42 posted on 06/25/2014 11:32:44 AM PDT by stanne
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To: redgolum
Politically, there is no chance for impeachment.

Hopefully after 2016, if they don't keep screwing up these "open" GOP primary elections.

43 posted on 06/25/2014 11:35:52 AM PDT by PapaNew
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To: ex-snook
All hat and no cattle.

You're too kind.

He's just lying. Again.

44 posted on 06/25/2014 11:36:30 AM PDT by E. Pluribus Unum ("The more numerous the laws, the more corrupt the government." --Tacitus)
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To: Cincinatus' Wife

When during the Civil War, the Supreme Court ruled against President Lincoln. He asked them what army will they use to enforce it.


45 posted on 06/25/2014 11:37:36 AM PDT by RedMDer (May we always be happy and may our enemies always know it. - Sarah Palin, 10-18-2010)
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To: Cincinatus' Wife

I bet he’s shaking in his golf shoes. Is the suit strongly worded?


46 posted on 06/25/2014 11:39:00 AM PDT by goodwithagun (My gun has killed fewer people than Ted Kennedy's car.)
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To: Cincinatus' Wife; All
Thank you for referencing that article Cincinatus' Wife. Please bear in mind that the following critique is directed at the article and not at you.

"... that Republicans believe are beyond his authority."

Who cares what the Republicans think about Obama? The problem with Obama is not a matter of somebody's opinion. The problem with Obama, which we're probably not going to hear from the spineless HoR regardless that they've read the Constitution at the beginnings of the 2011 and 2013 legislative sessions, is the following.

Obama, and corrupt Congress, are regularly exercising constitutionally nonexistent federal government powers, powers which the states have never expressly delegated to the feds via the Constitution.

47 posted on 06/25/2014 11:39:34 AM PDT by Amendment10
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To: SharpRightTurn
He said he's planning to do it, thinking about over some Scotch, ain't done it yet. Believe it when you see it on the court docket.

Plenty of time for a remorseful crying jag or two.

The feeling will pass after a round of golf with prezzie and a sit-down on the 19th hole.

48 posted on 06/25/2014 11:40:12 AM PDT by Covenantor ("Men are ruled...by liars who refuse them news, and by fools who cannot govern." Chesterton)
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To: Paladin2

Holder and Reid should be named as parties in the suit


49 posted on 06/25/2014 11:41:15 AM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then or now)
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Oooooooooow. A lawsuit! Barry had better watch out or he may find himself in contempt of Congress.


50 posted on 06/25/2014 11:43:02 AM PDT by 762X51
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