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George F. Will: Stopping a lawless president
Washington Post ^ | June 20, 2014 | George Will

Posted on 06/21/2014 6:13:59 AM PDT by Cincinatus' Wife

What philosopher Harvey Mansfield calls “taming the prince” — making executive power compatible with democracy’s abhorrence of arbitrary power — has been a perennial problem of modern politics. It is now more urgent in the United States than at any time since the Founders, having rebelled against George III’s unfettered exercise of “royal prerogative,” stipulated that presidents “shall take care that the laws be faithfully executed.”

Serious as are the policy disagreements roiling Washington, none is as important as the structural distortion threatening constitutional equilibrium. Institutional derangement driven by unchecked presidential aggrandizement did not begin with Barack Obama, but his offenses against the separation of powers have been egregious in quantity and qualitatively different.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: boehner; davidrivkin; elizpricefoley; executivebranch; georgewill; gowdy; judiciary; legislature; obama; obamalawless; separationofpower
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To: Cboldt

We have a political system of government, of which the Judicial Branch is a part. The question is the extent that the Judiciary and the Presidency impinge on the role of the Legislative Branch.


41 posted on 06/21/2014 7:19:24 AM PDT by centurion316
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To: Cincinatus' Wife

So the House has already passed a bill that would give expedited judicial action on a lawsuit filed by Congress in specific instances when the executive branch is lawless (basically). But that bill will be killed by the Senate and foreign enemy combatant in the White House.

Is Will saying that the House by itself can authorize a lawsuit brought forward by the House as a whole, which should meet the already-existing criteria for “standing”?

I think Will does a good job of identifying the legal conundrum we’re in.

There should be no excuse for the Senate to block the House bill. Somehow we’ve got to get over this idea that we just have to accept that democrats are lawless and will always get away with it. Tom Daschle received so much static from his constituents that he actually went against the democrat agenda on abortion and (gasp!) represented his constituents. That should not be a rare thing; it should be the norm.

And we need to be engaging the constituents who keep electing lawless SOB’s - turning the question back on them, as to whether the Constitution’s protections (separation of powers, checks and balances, and Constitutional governance) should really be negated by judicial interpretation that it’s “nobody’s business” if government is lawless. If the Constitution’s requirements can never actually be followed, the Constitution has effectively been nullified by judicial fiat. And we need to be asking the east and west coasts if that’s really what they support. Because the crooks they keep electing are totally lawless because of that judicial fiat.

And I say we should bus the whole dang bunch of illegals that have invaded TX into the east coast and California before we ask these questions.


42 posted on 06/21/2014 7:19:37 AM PDT by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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To: St_Thomas_Aquinas
A legislative body like Congress filing a lawsuit against the president is like a corporate board of directors filing a lawsuit against the CEO. Any court that got involved in that process would surely look at the plaintiff and say: "I can't imagine how you useless bastards can even justify your existence!"

You don't sue the renegade CEO. You fire him. And if you are chickensh!t, then you don't belong on the board of directors.

I seem to remember hearing about a case like this in the last few weeks. The first guy on the board of directors to get voted off the board by the shareholders was named Eric Cantor.

43 posted on 06/21/2014 7:20:54 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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To: BenLurkin

ambiens calor tyrannus


44 posted on 06/21/2014 7:22:28 AM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: Cincinatus' Wife

What if Congress votes this or that and the State Governors do not enforce?

This would require Xongress to vote in a new temporary leader and break the hold by the Feds. Pure and simple.

We are indeed too late for impeachment or votes of no confidence.


45 posted on 06/21/2014 7:23:34 AM PDT by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
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To: Cboldt
Taking agencies to court actually works, especially when they are operating outside of their statutory mandate. Regulatory agencies are another tool Congress uses to duck accountability. “We didn’t make the rules, we just created an agency to do that.” But the courts can and do “clarify” what powers an agency has. Not always the way we would like, e.g., Courts deciding that CO2 is a pollutant in the atmosphere, so within EPA regulatory power.

I guess that's what Mark was saying. I'd like to see him behind a microphone, discussing his lawsuit on TV. I'm now holding my breath waiting for McConnell and Boehner to call him.


46 posted on 06/21/2014 7:24:27 AM PDT by St_Thomas_Aquinas ( Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: Alberta's Child
A legislative body like Congress filing a lawsuit against the president

I think the idea is that they sue the IRS. Or somebody sues the IRS. Mark's foundation had success against the EPA, so there is precedent.

47 posted on 06/21/2014 7:27:02 AM PDT by St_Thomas_Aquinas ( Isaiah 22:22, Matthew 16:19, Revelation 3:7)
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To: Alberta's Child

When a BoD fires a CEO, the CEO gets a lawyer and threatens litigation against the company and the directors. So, the rationale for firing the CEO is put “on trial”, if the matter is not settled prior to the lawsuit being filed or adjudicated.

Even if the matter is settled, the back and forth between the company’s lawyers and the ex-CEO’s lawyers resembles a trial with claims and counter-claims flying every which way.

Donald Trumps’ “You’re Fired!” is total fantasy in our litigious society.

I like Will’s plan because it allows the conservatives to say that they are NOT impeaching BHO, just clarifying some of his executive actions, similar to the way Democrat claims of Executive Privilege have been settled by the Courts.


48 posted on 06/21/2014 7:28:35 AM PDT by Andy from Chapel Hill
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To: BenLurkin

Soap box.
Ballot box.
Bullet box.

We’re somewhere between stage two and stage three.


49 posted on 06/21/2014 7:28:36 AM PDT by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
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To: Cincinatus' Wife

Impeach the lawless bastard. We can put up with a president Biden for a few years.


50 posted on 06/21/2014 7:29:33 AM PDT by Graybeard58 (If any man love not the Lord Jesus Christ, let him be Anathema Maranatha. 1 Cor 16: 32)
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To: Eddie01

Realistically speaking, what can the House do when the Senate is comprised of lawless idiots who will always vote the party line?

What can anybody do to stop Obama’s lawlessness? We all talk about getting on our Congress-critters’ butts but what are we supposed to tell them to do, when the Senate can (and will) stop anything they try? The whole dang country is hostage to the idiots who keep electing lawless thugs. How do we remedy that?

I think Will has done an excellent job of identifying how the Constitution’s checks and balances have been rendered moot by judicial interpretations thus far.

I’m afraid to give the courts power to decide if a POTUS is acting unconstitutionally because the courts are also compromised. But that is the fault of the lily-livered Congress-critters who hold that faithfulness to the Constitution is not a critical criteria for which judicial nominees should be confirmed. Instead of trying to be popular with the media, the people we send to DC need to be keenly aware that THEY are the watchdogs, and if they let the wolves in the country will literally be eaten alive.

I believe Ben Sasse had a great idea for trying to reduce the power of the political-media complex: move the Capitol out of the media centers. Put it in Podunk City, which the media despises. Put it where they can smell manure from cows and where there’s not a nightclub for 100 miles.

I think we need to look at the systemic problems and try to fix them. Insanity is trying the same thing over and over again expecting the results to be different.

Those who object to what Will is suggesting - what is your remedy for the lawlessness? Just b!tching doesn’t fix anything. There’s a reason we’re in the mess we’re in. What do YOU say is the root reason, and what can be done about it?


51 posted on 06/21/2014 7:31:18 AM PDT by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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To: St_Thomas_Aquinas
My point is that Mark was representing a plaintiff who was not the government itself. It was a person, a corporation, etc. There's no point in having someone who has legislative/governing authority over someone else to file a lawsuit against that person. The idea that an employer would file a lawsuit to deal with a renegade employee -- rather than disciplining/firing that employee -- is so ridiculous that I'm not even sure where this idiotic idea about a "Congressional lawsuit" even came from.

No offense against Mark Levin, but I take some of these suggestions with a grain of salt because he's a lawyer by trade and therefore would see a legal action as the best course of action. "When your tool is a hammer, everything looks like a nail to you," and all that.

52 posted on 06/21/2014 7:31:51 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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To: Alberta's Child

We have a lawless Senate. What can the House do about that?


53 posted on 06/21/2014 7:32:43 AM PDT by butterdezillion (Note to self : put this between arrow keys: img src=""/)
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To: Carl Vehse
And if it were to be successful, or at least partially successful in restraining the White House, what's to keep that tactic from being used by a DemonicRat-controlled Congress to attack a patriotic president?

Same argument that was used when Republicans considered the "nuclear option" in the Senate last time they held it. Republicans can't do it because Democrats might. Of course, Harry Reid went ahead and did it anyway.

It's long past time to take off the damn gloves with these people. Fight for SOMETHING. Stand for SOMETHING.

54 posted on 06/21/2014 7:33:02 AM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: Gaffer
even if it is the loyal-but-not-too-vocal opposition.

The problem with the "loyal opposition" Republican Party is that it is too much 'loyal' with not nearly enough 'opposition'.

55 posted on 06/21/2014 7:35:34 AM PDT by Colonel_Flagg ("Compromise" means you've already decided you lost.)
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To: Gaffer

Your points are well taken. I continue to be amazed at the shear number of supposedly conservative commentators and TV and radio hosts who still describe this evil man as merely incompetent, who continue to give him the benefit of the doubt, who can’t intuitively understand at a glance or a brief listen that this man is a purposeful, criminal, traitorous destroyer of America, brought to power and maintained in power by anti-American forces within and without our nation.

I believe our own media spokesmen and educators are either really stupid, or bought and paid for, or have been threatened into compliance yet lacking the honor to then simply quit being apologists for what’s happening.


56 posted on 06/21/2014 7:35:52 AM PDT by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: Cincinatus' Wife

57 posted on 06/21/2014 7:36:29 AM PDT by Manic_Episode (GOP = The Whig Party)
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To: originalbuckeye
Holder's (in)Justice Dept will not do anything that would go against Obama.

Question: Does Congress have the authority to impeach Eric Holder? If so, this would be a good place to start. If not, who does have the authority to remove him?

58 posted on 06/21/2014 7:37:53 AM PDT by GreenHornet
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To: Carl Vehse

http://giveusliberty1776.blogspot.com/2012/09/bombshell-obama-vetting-1979-newspaper.html


59 posted on 06/21/2014 7:38:43 AM PDT by Kackikat
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To: Andy from Chapel Hill
When a BoD fires a CEO, the CEO gets a lawyer and threatens litigation against the company and the directors. So, the rationale for firing the CEO is put “on trial”, if the matter is not settled prior to the lawsuit being filed or adjudicated.

1. That's because the CEO who is fired by the company now has legal standing to file a lawsuit on the basis of some kind of financial loss that he can demonstrate.

2. The CEO usually has no recourse in a court of law in a case like this because the CEOs terms of employment are spelled out in a contract with the company. Courts will rarely issue a ruling on the law that overrides the terms of a legally binding contract signed between two parties. Yes, you heard that right ... the terms of a legal, enforceable contract will almost always override the law in a court case.

Go back and see what happened to former U.S. Senator and New Jersey governor Jon Corzine when he was the CEO of Goldman Sachs and got involved in a dispute with the leadership of the company. One day he showed up at the office in his limousine and he simply wasn't allowed into the building. The told him to 'eff off ... and 'eff off he did.

60 posted on 06/21/2014 7:39:03 AM PDT by Alberta's Child ("What in the wide, wide world of sports is goin' on here?")
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