Author Topic: Obama executive actions seen as threat to Constitution  (Read 524 times)

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Offline mystery-ak

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Obama executive actions seen as threat to Constitution
« on: July 16, 2014, 01:25:55 PM »
http://www.washingtontimes.com/news/2014/jul/15/obama-executive-actions-seen-as-threat-to-constitu/?page=all#pagebreak

Obama executive actions seen as threat to Constitution
Republicans file lawsuit in attempt to rein in president

By Stephen Dinan-The Washington Times Tuesday, July 15, 2014

A prominent law professor and avowed supporter of the Obama White House will tell the House on Wednesday that the president has created one of the biggest constitutional crises in the country’s history and will endorse House Republicans’ effort to sue to rein him in.
Jonathan Turley, a professor at George Washington University, will say President Obama is trampling the founders’ vision for the country in his push to circumvent Congress, and he will demand Republicans and Democrats alike forget their party labels to unify against this White House’s power grab.


“What we are witnessing today is one of the greatest challenges to our constitutional system in the history of this country,” Mr. Turley said in a prepared testimony, saying it began with previous presidents but under Mr. Obama has “reached a constitutional tipping point that threatens a fundamental change in how our country is governed.”

The scorching testimony to the House Committee on Rules kicks off what’s expected to be a several-week push by Republicans that will end in the House approving a lawsuit against Mr. Obama, challenging his unilateral decision to ignore or waive parts of his own signature health care law.

Already, the GOP effort is ensnared in politics.

“House Republicans have resorted to their most wild and desperate stunt yet,” said Rep. Louise McIntosh Slaughter of New York, the ranking Democrat on the Rules Committee, who will help lead opposition to the GOP’s lawsuit push.

Some conservative commenters have also opposed the House GOP’s effort, saying Republicans should use the tools the Constitution gives them — chiefly the power of the purse — to fight back against Mr. Obama’s claims of executive authority.

But Republicans, who control the House, have run up against roadblocks in the Democratic-controlled Senate. They want the courts to intervene in part to elevate the fight above election politics and help recalibrate a balance of powers that’s skewed deeply toward the White House in recent decades.


The legislation Republicans plan to push through the House would authorize a lawsuit challenging Obamacare’s so-called employer mandate, which required all medium-size and large businesses to provide insurance to their employees by this year or else face stiff penalties. Claiming prosecutorial discretion, Mr. Obama waived the deadline and penalties.

Republicans argue the law didn’t give Mr. Obama any leeway to issue a waiver, and they said they have no recourse but to ask the courts to step in.

But judges have traditionally been reluctant to get involved unless a party can show it’s sustained an actual injury.

Walter Dellinger, a former top Clinton administration lawyer, will tell the House Committee on Rules that the court’s reluctance is part of the founders’ vision and said it’s a mistake to beg them to take a more active role when the dispute is over routine decisions such as enforcing the employer mandate.

“Never in our history has such a radical change in the role of the judiciary been proposed to deal with such a routine question of administrative process,” he said in his prepared testimony.

He said Congress writes these kinds of laws assuming the administration has the discretion to decide how and when to enforce them.
Democrats on Capitol Hill question why most Republicans remained silent when President George W. Bush made expansive claims of executive power and are only now outraged at Mr. Obama.

Some Obama administration officials have hinted that the president’s race may play a role.

Mr. Turley said he doesn’t believe Mr. Obama has tyrannical impulses or that he’s intentionally trying to subvert the founders’ vision of separation of powers.

He said blame should be spread across all three branches of government: a White House eager to ignore rules in order to get things done, a Congress too weak and riven with partisan divisions to assert itself against presidents of either party and judges who are unwilling to play the role of referees the founders envisioned.

Mr. Turley said he expects the lower courts to duck the fight, ruling Congress doesn’t have standing to sue since lawmakers aren’t suffering an actual injury as the court sees it.

But he urged the House to continue to press, with the Supreme Court likely to eventually get involved, where he hoped the justices would oppose Mr. Obama and reaffirm what he said the founders envisioned.

“It is tempting to embrace rule by a single person who offers to govern alone to get things done. However, this is the very siren’s call that our founders warned us to resist,” he said. “We remain a nation of laws, and we have a court system designed to resolve such controversies.”


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Offline Fishrrman

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Re: Obama executive actions seen as threat to Constitution
« Reply #1 on: July 16, 2014, 09:30:13 PM »
When the president is overtly engaging in behavior that threatens the nation and Constitution, the Constitution provides an explicit method for dealing with such actions.

Can you say I-M-P-E.......

.... I knew you could.

It's time our other elected officials, who have taken oaths to preserve and protect that Constitution as well, discover some backbone and do something about it...

Offline Once-Ler

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Re: Obama executive actions seen as threat to Constitution
« Reply #2 on: July 17, 2014, 03:01:30 AM »
When the president is overtly engaging in behavior that threatens the nation and Constitution, the Constitution provides an explicit method for dealing with such actions.

Can you say I-M-P-E.......

.... I knew you could.

It's time our other elected officials, who have taken oaths to preserve and protect that Constitution as well, discover some backbone and do something about it...


How does impeachment solve anything?  If the House of Reps was dumb enough to impeach Obama, the Senate won't convict.  What did Clinton's impeachment solve? 
Did he stop lying under oath?  No. I'd submit the President of the United States is always under oath a rat only knows how to lie.
Did he continue to cover up his scandals?  Yes. I'd submit he likely got better at Obstruction of Justice.  Emboldened even.  Like he knew he was indestructible now. 
Did he even stop hitting on little girls or raping what Herr Hillary called "bimbos?" Who knows?

Did it diminish his popularity with voters and donors?
http://www.washingtonpost.com/wp-srv/politics/polls/vault/stories/data013199.htm
                      ------Approve-----------       -------Disapprove--------   No 
                 NET   Strongly   Somewhat   NET   Somewhat   Strongly  opin.
 1/30/99     65     43         22                 33       7        26               2
 1/19/99     66     NA         NA                 32      NA        NA               2
 1/13/99     63     NA         NA                 34      NA        NA               3
 1/10/99     62     NA         NA                 36      NA        NA               1
12/20/98    67     48         20                 30       6        23               3 
12/19/98    66     47         19                 31       7        24               3 
12/13/98    64     43         21                 35      10        25               2 
12/11/98    60     NA         NA                 37      NA        NA               3
11/22/98    61     NA         NA                 34      NA        NA               5 
11/7 /98     63     NA         NA                 36      NA        NA               1 
11/1 /98     65     41         25                 33      10        23               1 
11/1 /98     58     40         18                 41      10        31               1 
10/10/98   67     48         19                 30       8        23               3
10/10/98   61     47         14                 38       8        30               1
10/25/98   62     40         22                 32       8        23               6 
10/25/98   58     42         15                 40       8        32               2 
10/18/98   62     40         22                 34       9        25               4 
10/18/98   57     39         18                 41       7        34               2 
 9/28/98    63     42         21                 35       8        26               2        

Doesn't look like it made much difference.  I'm not sure what benefit is derived from impeaching Obama.
Dana Loesch ‏@DLoesch
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“Sorry for your struggle,” said all the unborn babies and cops killed in 2016. #DanaRadio

Offline Fishrrman

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Re: Obama executive actions seen as threat to Constitution
« Reply #3 on: July 17, 2014, 09:22:04 AM »
Once-ler wrote above:
[[ How does impeachment solve anything?  If the House of Reps was dumb enough to impeach Obama, the Senate won't convict. ]]

After January 2017, things may change in the Senate.
I believe there are going to be more revelations regarding the border invasion that we don't yet know.

Americans (at least Euro-Americans) are growing more and more fed up with the situation. Drudge says that the border invasion is the #1 concern of Americans.

Why must impeachment be pursued?
The answer is simple -- so simple even a school student could understand:
The Constitution offers no other possible way to remove or "stop" a president that is out-of-control and acting beyond its bounds.
If the citizens, the States, and the Republicans in Congress really want to do something about the border collapse, there are no other Constitutional remedies available.

Even the Republicans on Capitol Hill may comprehend this.
That's why every time any one of them opens their mouths, all that emerges is mush.

Tell me... honestly... what would YOU recommend as action sufficient to compel Obama to secure the border and end the invasion?

I sense you won't be replying to answer the question above...
« Last Edit: July 17, 2014, 09:00:44 PM by Fishrrman »

Offline Once-Ler

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Re: Obama executive actions seen as threat to Constitution
« Reply #4 on: July 18, 2014, 02:24:30 AM »
Once-ler wrote above:
After January 2017, things may change in the Senate.
I believe there are going to be more revelations regarding the border invasion that we don't yet know.

Americans (at least Euro-Americans) are growing more and more fed up with the situation. Drudge says that the border invasion is the #1 concern of Americans.
It's the #1 issue for 17% of America and half of that 17% want amnesty IMO.

Quote
Why must impeachment be pursued?
The answer is simple -- so simple even a school student could understand:
The Constitution offers no other possible way to remove or "stop" a president that is out-of-control and acting beyond its bounds.

You are correct that things may change in the Senate in 2014, but as we have seen with Clinton, impeachment without conviction does not "remove or "stop" a president that is out-of-control and acting beyond its bounds."  Even if we took back the Senate there is no way to break a filibuster unless we escalate the nuclear option.  So the only Constitutional solution is no solution at this time.  If I offer a crap sandwich to a school student and he refuses to eat it and I said "but, you must! It's the only thing you may eat."  He would think I was quit mad.

Until a majority of Americans demand Obama be impeached it ain't gonna happen.  (Where is that poll?) But I do believe when a majority of the People want him gone the GOPe will be more than happy to oblige.

Quote
If the citizens, the States, and the Republicans in Congress really want to do something about the border collapse, there are no other Constitutional remedies available.

I also believe when a majority of Americans want secure borders we will have secure borders.  When a majority wanted to own slaves the Constitution allowed it.  When they wanted their booze the Constitution was fixed.  When they wanted a prescription drug gimmie they got it.  When they wanted to payless, keep their doctor, and keep their plan the SCOTUS said "Constitutional" and the got it.  Boy did they ever get it.  What evidence can you offer that a majority of Americans want to do something about the border collapse?  That they care?  That they know about it?

Quote
Even the Republicans on Capitol Hill may comprehend this.
That's why every time any one of them opens their mouths, all that emerges is mush.

Tell me... honestly... what would YOU recommend as action sufficient to compel Obama to secure the border and end the invasion?

I'm thinking amnesty for the millions of undocumented workers who have been living here and working here for years.  Get them social security numbers and paying all their taxes.  Get them to turn themselves in and document them.  Then you have a problem that is smaller by millions.

Quote
I sense you won't be replying to answer the question above...

Why not?  It was a sincerely written reply.  You crafted a response worth acknowledging and countering, but I don't have an answer to controlling Obama other than convince the people he's gotta go.  One option might be incessant hearings about the IRS, the VA, and his other scandals through what ever media you can penetrate.  There is an unconstitutional option that comes to mind so fast it's scary but I'm not gonna do it and I don't have the money to pay someone else to do it.

Thank you for your reply.  We can both agree that few moments could be more delightful than reading the headline "Impeached!" before 2017.
Dana Loesch ‏@DLoesch
“Hollywood is the most vilified,” says Meryl.

“Sorry for your struggle,” said all the unborn babies and cops killed in 2016. #DanaRadio

Offline Fishrrman

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Re: Obama executive actions seen as threat to Constitution
« Reply #5 on: July 18, 2014, 09:42:06 AM »
Once-Ler writes above:
[[ I'm thinking amnesty for the millions of undocumented workers who have been living here and working here for years.  Get them social security numbers and paying all their taxes.  Get them to turn themselves in and document them.  Then you have a problem that is smaller by millions. ]]

You really, really believe this, don't you? Are you not familiar with the old saying, "if you subsidize something, you get more of it" ??

If you provide "amnesty" to the millions that are here now, the only result will be that many MORE millions -- times X -- who will surge towards the border.

Don't you comprehend that once the presently-here illegals become "legal", as an unintended consequence they probably will have the "right" to bring in their relatives (again, legally) through "chain-migration" ??

Same with the tens (perhaps hundreds) of thousands of illegal "children" arriving now. If they are granted "asylum" (say, as "refugees"), how long until THEY start bringing in their madres, papas, and brother/sister muchachos?

There is no need for ANY law of ANY type of ANY language that promotes or enables amnesty. We have plenty of "immigration laws" already on the books. The problem is that the current administration has no intention of ENFORCING them.

The democrats are liars. They will lie to your face (even the Congresspersons) to get us to pass "reform", and we'll even help write the reform laws. Once those laws are passed, they'll go RIGHT ON IGNORING them as they "facilitate the flood" at the border.
« Last Edit: July 18, 2014, 02:46:01 PM by Fishrrman »

Offline Once-Ler

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Re: Obama executive actions seen as threat to Constitution
« Reply #6 on: July 18, 2014, 03:10:50 PM »
You really, really believe this, don't you? Are you not familiar with the old saying, "if you subsidize something, you get more of it" ??

If "subsidizing" is the problem then stop subsidizing them.  Amnesty is not subsidizing and I only suggest giving amnesty to people who have worked in the USA for a number of years.  People with ties to the community.
Dana Loesch ‏@DLoesch
“Hollywood is the most vilified,” says Meryl.

“Sorry for your struggle,” said all the unborn babies and cops killed in 2016. #DanaRadio


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