Skip to comments.Will Suing Obama Be a 'Historic Step' or an 'Embarrassing Loser'?
Posted on 07/17/2014 4:41:37 AM PDT by don-o
House Republicans officially launched the legislative process of suing President Obama at a hearing Wednesday, with legal experts describing the plan as everything from a "historic step to addressing a constitutional crisis" to "an embarrassing loser" in the courts.
From Republicans, such as Pete Sessions of Texas, there is insistence that truly profound issues are at stake, with claims that Obama has not been faithfully executing his constitutional duty to carry out laws passed by Congress. As chairman of the House Rules Committee, Sessions opened the hearing by describing the Republican effort as seeking an urgent "rebalancing" of the separation of powers between branches of government.
But Louise Slaughter, the Rules Committee's top Democrat, was somewhat less dramatic in her view, dryly likening any expectation of the suit's success in the courts to Alice in Wonderland's "thinking of six impossible things before breakfast." She also described the legal action as "preposterous" and a "purely political exercise" geared to a midterm election year.
Meanwhile, four constitutional expertstwo called to testify for each sidegave the committee their own conflicting views of whether Speaker John Boehner's planned litigation could pass basic legal muster. Regardless, the Rules Committee, controlled by Republicans, is intent on finalizing language to a resolution to proceed with the lawsuit.
House members are to vote on that resolution by the end of July, before their annual August break.
For strategic legal reasons, Republicans say their lawsuit will focus specifically on Obama's delay of the Affordable Care Act's employer mandate last year. But they say they are also upset over a range of administrative actions in areas from environmental law to immigration law.
(Excerpt) Read more at nationaljournal.com ...
The EXEMPT are cowards. They took an Oath to defend
America and they have and do not.
The EXEMPT Congress is complicit in the absence of impeachment.
It’s just stupid. The Constitutional option is impeachment. Let the cards fall where they will in the Senate.
Cannot convict with the current Senate, so impeachment would be a big waste of time and political capital.
As the Lyin King continues destroying the country, even the DemonRATS are abandoning his ship.
If the pubbies take the Senate by a decent margin (very unlikely), then impeachment would be feasable.
A successful impeachment and conviction of the 0bamao gives us the mental case Joe Biden as POTUS.
Biden is 0bamao’s impeachment insurance.
I predict that if the suit succeeds, Obama will laugh it off in an Andrew Jackson moment: the judge has made his decision; now let him enforce it. The whole premise of the suit is that Obama has overstepped his bounds and trampled on the legislative branch. What makes Ferris Boehner confident that Obama would be any more respectful of the judiciary?
No, it's worse than nothing.
There is no Article III court in the land that has jurisdiction in this matter, and, if I were a judge, I would refuse delivery of the papers.
The House of Representatives has original jurisdiction and complete authority over the matter of a President failing to take care that the laws be faithfully executed and usurping legislative authority.
The fact is that Congress, as the surrogate for the People of the United States in our system, has completely surrendered its autonomy and authority in exchange for permanent incumbency, just like latter day Roman senators or members of the Reichstag.
No gesture of weakness and subservience could be worse than Boehner's "lawsuit", if it hasn't been dismissed already.
Biden is so far preferable to Obama.
Do like the court did in Marbury v. Madison. Make noise like the plaintiff has a case, then declare the issue out of the scope of the court’s authority. The only entity the courts look out for is themselves.
Excellent points. My “better than nothing” comment is more reflective of desperation for some form of resistance and accountability that rigorous adherence to the Constitution.
> Biden is so far preferable to Obama.
Biden is mentally incompetent. As such, he may be easier to manipulate than 0bama, so you may have a point.
The House is merely the prosecutor. It has the power to bring a case for removal of the president, but not to decide it.
Here we have a failed prosecutor (the House), and a judge/jury (the Senate) that has demonstrated inability to apply the law.
I agree with your conclusion. The House and Senate combined prefers their authority be usurped or granted to regulatory agencies. The prime directive is preservation of incumbency. Shoving the failure of the president to faithfully execute the laws onto a court is another form of ducking responsibility, and this is not the first time Congress has pulled this sort of stunt.
Nixon was almost impeached for sticking up for his cronies and withholding evidence (high crimes and misdemeanors). Clinton was impeached for perjury and obstruction of justice. Johnson was impeached for high crimes and misdemeanors. Why can’t Obama be impeached for some of those very crimes? (Plus, at least half a dozen others.) the answer is because the Republicans won’t do it. Not even for the sake of Principle. They are nothing but oxygen thieves at this point.
it's Pablum, for the masses.
a futile action, throw out of court.
courts shall suggest, try Constitutional actions (power of
the purse), The Drunk (Beohmer), wouldn't do it.
It’s going to be like an 8 year old jumping off the high dive
at the city public pool on a dare. If he doesn’t chicken out, at most,
it will be a half assed attempt. Most likely they
will be scouring the media looking for a poll they
can use as an excuse to call it off. This is their
response to being called gutless yellow spined
cowards and they really don’t want to do it or this is
just a setup with the full intent of failure to help
legitimize their secret boss the Obama.
It could be that this is just a setup that is intended to
fail to discourage any attempt to impeach the Obama after
the elections, where they would have a good chance. I don’t
trust Boner or any of the RINO republicans. I believe they
are part of the democrat party as a false opposition to the
overthrow of this country.
“Biden is so far preferable to Obama.”
OK, now name someone who is less preferable to the Obama.
All presidents since Van Buren had been impounding small amounts of Congress' appropriations, but Nixon thought that Congress was spending too much and worsening inflation, so Nixon started impounding larger amounts.
Congress sued and the court ruled in Congress' favor but by then Nixon was gone and Ford was prez. Ford didn't appeal the court decision which resulted in a large shift of power from the prez to Congress.
Both GW Bush and Obama have used "signing statements" in an attempt to claw back some of this power from Congress.
Grand standing is more like it, they know they can’t impeach him not with the senate in dem hands. And even if it were GOP controlled we’d still be getting the same results as we had with Slick Willie, the VP is worse. And his VP will be Shillart, giving her the incumbent leg up in 2016.
Just do as much damage control as you can and for the sake of GOD and Country VOTE OUT THE RINOS like TN Lamar Alexander who votes 62% dem. Only his NRA A- saves his butt. He is an OATH BREAKER, not just his Oath of office, but his Oath of TWO TERMS AND OUT!
His cloture vote gave us 0’care, his vote to gut Military pension sucks. While he draws at least 1 state pension as TN governor, and who know how many others in the education field. Then you have that whopping big Fed retirement package he will get.
He is so cock sure of re-election he is not really running a campaign.
TN State Rep Joe Carr http://www.carrfortn.com/ has the conservative voting record. But is out spent from day 1.
Laura Lingram (SP?) will be supporting him.
Newt supports lamar as does rove. He and thad chocran have nearly identical voting records. RINO.
That’s easy. Durbin, Schumer, Reid, Boxer, Feinstein, Leahy, Shiela Jackson Lee ... and that’s just off the top of my head.
As is Shillary as biden’s VP, unless you can take out all 3 it is useless grandstanding for votes.