Posted on 07/08/2014 3:34:45 AM PDT by Moseley
John Boehner’s plan, in which he proposes to sue President Barack Obama for violating the Constitutional role of the presidency, is important and brilliant. I am an attorney, with a keen interest in both politics and law. I have read and studied the U.S. Supreme Court precedents in question.
Pundits with incorrect analyses make three wrong objections: (1) Congress does not have legal “standing” to be the plaintiff to bring a successful lawsuit. (2) The Courts are reluctant to get involved in disputes between Congress and the Executive Branch. (3) Congress has other tools and Boehner is off-base using a lawsuit instead of direct powers of Congress.
Speaker of the U.S. House of Representatives John Boehner has announced that he will bring a resolution up for a vote to authorize a lawsuit by the U.S. House challenging recent presidential actions. It appears that this will authorize the House to act alone, and the resolution does not need the agreement of the Democrat-controlled U.S. Senate.
Boehner has not given specific details of his plans yet. But that has not stopped pundits from slamming Boehner for his proposal.
First, it is true that a plaintiff in a lawsuit must have “standing” especially in the narrow requirements of Federal courts. That is, a plaintiff must have suffered an injury from the acts or omissions complained of which is more particular to the plaintiff than the general effect on society as a whole. Just because Congress passed a law does not give Congress the necessary “standing.”
But even the dumbest lawyer in America knows -- even a Speaker of the House -- can figure out, that all you have to do is add more plaintiffs to the lawsuit.
(Excerpt) Read more at americanthinker.com ...
“.......he proposes to sue President Barack Obama....”
“PROPOSES”? ......What the hell is taking soooooo long to get it filed?
Stop drying your tears Boehner and DO IT!
The problem is not the number of orders. Obama's numbers are well within the Bush/Clinton range. The problem is the nature of those orders. In fact, he's had a pretty bad run of luck with them in the courts.
Focus on Obama is insane. It is also, IMNVHO, the most successful part of the deconstructionist strategy Team Obama is quietly implementing while "Conservatives" fuss, fume, and foam at the mouth. (And never fail to congratulate each other on startling new insights on how bad Bad Boy African Gay Crook Obama and his minions really are!)
The focus ought to be much more on the Republican Party. After all, with a determined organized, firmly ideological opposition, Obama wouldn't last three minutes. Instead, the GOP has been so long at the losing game that they have figured out how to make it pay, and pay very well indeed. The way to make it pay is not to actually oppose administration policies, but to see what advantage can be had from them for those who support the GOP.
Most GOP elected and Party officials are lawyers. Lawyers have clients. Clients pay retainers (one way or another) and expect results. There are two words: "Constituents," and "Client." The GOP stays in their safe seats and delivers results for their clients, not their constituents.
A beginning has been made to correct this situation with some primary wins and the increased electoral awareness the Tea Party has brought to the table (Whatever the Hell the Tea Party actually is!) But there is still no coherent:
Speaking of "time" and the topic of this thread: Boehner's Lawsuit? Great Idea actually. Years late. A GOP responsive to "constituents" rather than "clients," would have sacked this drunken fool a long time ago. As it is, it simply will give Team Obama more time to advance their Program and Plan.
Did I mention that we have neither a Program nor a Plan?
We also have a large number of bills that the house has past and Dirty Harry refuses to being to the floor. Saw a list of them a couple weeks past. Getting rid of HR would solve many problems
So we don't know what the plan is, but it's "brilliant"? Right.
Sorry, but it's stupid, and this article doesn't address the problems with it.
OK. And getting rid of his Republican cronies would make happier.
“Moreover, as I’ve argued in Faithless Execution, the House should not impeach President Obama unless and until the public supports his removal. The goal should be to create a political climate in which executive lawlessness is deeply discouraged; that could be accomplished if some defunding were accompanied by the impeachment of obnoxious subordinate officials who execute the administration’s lawless policies.”
http://www.nationalreview.com/article/381453/boehner-bringing-whistle-gunfight-andrew-c-mccarthy
Legal rulings are meaningless to people with no respect for the law.
"John Marshall has made his decision, now let him enforce it."
From FReeper, Rome2000...
It’s become evident that the Constitution has a fatal flaw and this evil degenerate son of a whore is all over it.
There is no check on the power of the POTUS save impeachment, and if the votes aren’t there in the Senate, POTUS is in effect a dictator who can literally orchestrate an invasion by foreign nationals, and there isn’t a damn thing anyone can do about it.
The right will take power for maybe the last time in 2016.
This opportunity must not be wasted.
The American marxist movement must be destroyed using all means necessary.
http://www.freerepublic.com/focus/f-news/3178157/posts
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