BREAKING: John Boehner Sues Obama for Abuse of Power!

[rangerrebew]

BREAKING: John Boehner Sues Obama for Abuse of Power!


Author:  Editor

Posted: June 25, 2014

Comments: 20
 

1boehnerobama

Incredible! House Speaker John Boehner (R-OH) is ready to take the lawless Obama administration to court. This isn’t the same as impeachment — as  Republicans in South Dakota want – but it is a serious challenge in the legal system to an administration who ignores the Congress and changes the laws according to his own whims.


House Speaker John Boehner announced Wednesday he plans to file suit against President Obama over his alleged abuse of executive power.

 

“This is not about impeachment — it’s about him faithfully executing the laws of this country,” Boehner said.

 

The speaker alleged that the president not only has ignored the law but “brags about it,” decrying what he described as “arrogance and incompetence.”

 

Boehner had been weighing such a lawsuit in recent days, over concerns that Obama exceeded his constitutional authority with executive actions. Republicans have voiced frustration with Obama’s second-term “pen and phone” strategy of pursuing policy changes without Congress — particularly environmental rules via the Environmental Protection Agency. Republicans also complained about numerous unilateral changes to the implementation of ObamaCare.

 

The lawsuit has not yet been filed. But asked Wednesday whether he intended to proceed, Boehner said: “I am.”

 

“My view is the president has not faithfully executed the laws,” he said. “What we have seen clearly over the last five years is an effort to erode the power of the Legislative Branch.”

 

The decision to sue still would have to be formally approved by a group of House leaders. Presuming that step is cleared, the suit is expected to be filed in a few weeks.

 

The plaintiff would be the House of Representatives.


Read more: http://www.thepoliticalinsider.com/john-boehner-sues-obama/#ixzz35gbJHAfy

[rangerrebew]

 Topic: BREAKING: John Boehner Sues Obama for Abuse of Power!  (Read 1 times)
 
BREAKING: John Boehner Sues Obama for Abuse of Power!
« on: Today at 04:48:33 PM »QuoteModifyRemove
BREAKING: John Boehner Sues Obama for Abuse of Power!


Author:  Editor

Posted: June 25, 2014

Comments: 20
 

1boehnerobama

Incredible! House Speaker John Boehner (R-OH) is ready to take the lawless Obama administration to court. This isn’t the same as impeachment — as  Republicans in South Dakota want – but it is a serious challenge in the legal system to an administration who ignores the Congress and changes the laws according to his own whims.


House Speaker John Boehner announced Wednesday he plans to file suit against President Obama over his alleged abuse of executive power.

 

“This is not about impeachment — it’s about him faithfully executing the laws of this country,” Boehner said.

 

The speaker alleged that the president not only has ignored the law but “brags about it,” decrying what he described as “arrogance and incompetence.”

 

Boehner had been weighing such a lawsuit in recent days, over concerns that Obama exceeded his constitutional authority with executive actions. Republicans have voiced frustration with Obama’s second-term “pen and phone” strategy of pursuing policy changes without Congress — particularly environmental rules via the Environmental Protection Agency. Republicans also complained about numerous unilateral changes to the implementation of ObamaCare.

 

The lawsuit has not yet been filed. But asked Wednesday whether he intended to proceed, Boehner said: “I am.”

 

“My view is the president has not faithfully executed the laws,” he said. “What we have seen clearly over the last five years is an effort to erode the power of the Legislative Branch.”

 

The decision to sue still would have to be formally approved by a group of House leaders. Presuming that step is cleared, the suit is expected to be filed in a few weeks.

 

The plaintiff would be the House of Representatives.


Read more: http://www.thepoliticalinsider.com/john-boehner-sues-obama/#ixzz35gbJHAfy

We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.

Abraham Lincoln


America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.

Abraham Lincoln

[Chieftain]

So in essence, Boenher is going to try and persuade a court to do what he will not, hold Obama accountable.

Constitutionally it is up to the Legislative Branch to exercise "checks and balances" with the Executive Branch, with the Judicial Branch acting as referee as legal cases rise through the system.  If Congress either cannot or will not exercise their Constitutional duty then that is not the problem of the Judicial Branch in any way.

I think this is silly and nothing more than Boehner making some kind of show, standing up a straw man of his own, to try and get past the upcoming election.  This is a sterling example of why the next House of Representatives needs to select a brand new Speaker and get this buffoon off the public stage.  He can take Reince Prebus along with him.

 

[truth_seeker]

Good move. Get some legal concepts out before the independents and reasonable democrats.

But don't go the impeachment route.

November 2014 is not far away when taking into account summer vacations, several holidays, etc.

[240B]

It forces the judicial branch to come clean. Is your job to uphold 'law', or is your job to protect Obama? This forces them to make an 'on the record' choice.

[Oceander]

So in essence, Boenher is going to try and persuade a court to do what he will not, hold Obama accountable.

Constitutionally it is up to the Legislative Branch to exercise "checks and balances" with the Executive Branch, with the Judicial Branch acting as referee as legal cases rise through the system.  If Congress either cannot or will not exercise their Constitutional duty then that is not the problem of the Judicial Branch in any way.

I think this is silly and nothing more than Boehner making some kind of show, standing up a straw man of his own, to try and get past the upcoming election.  This is a sterling example of why the next House of Representatives needs to select a brand new Speaker and get this buffoon off the public stage.  He can take Reince Prebus along with him.

 

It's not silly; the concept has been thought through by some very good legal minds and is a very good alternative to going the impeachment route, which raises the political stakes far higher than the republicans can afford to go right now.

[Oceander]

Good move. Get some legal concepts out before the independents and reasonable democrats.

But don't go the impeachment route.

November 2014 is not far away when taking into account summer vacations, several holidays, etc.

absolutely.

[Oceander]

There is an old Supreme Court case out there that arguably provides Boehner (and the Congress) with the necessary standing to sue Obuttocks:  Coleman v. Miller, 307 U.S. 433 (1939).  The Supreme Court clarified the reach of Coleman in a 1997 case involving the line item veto:

"Coleman stands (at most) for the proposition that legislators whose votes would have been sufficient to defeat (or enact) a specific legislative Act
have standing to sue if that legislative action goes into effect (or does not go into effect), on the ground that their votes have been completely nullified, ...."

The case in question was Raines v. Byrd, 521 U.S. 811 (1997), in which 6 Congress members who had voted against the line item veto bill sued the president on the ground that the law was unconstitutional and therefore affected the weight of their votes as members of Congress.  The Supreme Court rejected their argument because they were at bottom simply complaining that they had been outvoted by the majority of the Congress that voted to enact the law.

What should make Coleman applicable here, and Raines inapplicable, is that Boehner is at bottom complaining that Obuttocks' actions have essentially "completely nullified" the votes of all the members of Congress, pro or con.

Going this route is also less high-stakes because it allows for a more fine-grained attack on Obuttocks' actions.  Essentially what Boehner would be asking for in terms of remedy is akin to what's called a remedy "in the nature of mandamus" - an order directing a member of the executive branch to perform a nondiscretionary duty or obligation that officer has refused to perform.  It also applies to discretionary duties where the officer's refusal to act exceeds the range of discretion granted to that officer.  Finally, it also applies where the officer's refusal to act is arbitrary and capricious.

That imposes two limitations that substantially reduce the stakes vis-a-vis impeachment:  first, Boehner's suit would have to specify which of Obuttocks' actions have nullified Congress members' votes.  Second, the remedy, if granted, would be limited to those actions that were non-discretionary, exceeded or violated the discretion granted, or were arbitrary and capricious; all other actions would be unaffected.

The other advantage this has over impeachment is that impeachment by itself doesn't do anything to fix the fact that the executive branch has failed to carry out mandatory duties and obligations - i.e., it doesn't fix anything by itself, for that you need to take further steps and since a successful impeachment has essentially decapitated the executive branch, getting things fixed - getting the executive branch to do what it had refused to do - would take a lot longer.  By comparison, if a court were to issue an order mandating that the president perform a specific list of actions, that order can also be directed at the relevant officers of the executive who would in fact be the ones to perform - such as ordering the Department of Homeland Security and specific immigration officers to enforce the immigration laws as written.  An immigration officer who's just been ordered by a federal court to do something irrespective of the president's orders to the contrary is much more likely to comply with the court's order than would the president him/her self if he/she were the only subject of the court's order.

Finally, if Boehner loses it wouldn't be a vindication of Obuttocks' specific policy choices but, at most, a finding that either Boehner did not have standing - a ruling that doesn't even touch on the merits of the claims - or that Obuttocks was actually following the law by validly exercising the discretion Congress granted him in the laws it enacted.  In either event, there is no finding that Obuttocks can act on his own without authorization from Congress.

[Fishrrman]

From above:
[[ We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.
- Abraham Lincoln ]]

There was a recent thread here several days' back in which folks were arguing about how much "resistance" against an out-of-control DC government was appropriate for discussion in the public forum:
http://www.gopbriefingroom.com/index.php/topic,140571.msg576592.html#msg576592

Mr. Lincoln certainly makes no bones about what should be done....