American Elephants


The House Will Sue The President For Failing To Observe The Separation of Powers. by The Elephant's Child

Budget Talks Deteriorate Amid Republican Identity Shift On Tax Increases
House Speaker John Boehner told his colleagues on Wednesday that the House of Representatives will sue the executive branch of the government to defend the Constitution’s separation of powers. The Speaker, said the Wall Street Journal, is showing more care that the laws be faithfully executed as the Constitution demands than is President Obama.

The Congress, Mr. Boehner said in his memo to the House, is suffering institutional injury  under Mr. Obama’s “aggressive unilateralism” which is a pretty fair description of his governing philosophy. When the president suspends or rewrites laws across health care, drug policy, immigration laws, and so much else— elected legislators are stripped of their constitutional role.

The basic reason behind this step is Mr. Obama’s flagrant contempt for regular political order. For example, he has unilaterally revised, delayed or reinterpreted the Patient Protection and Affordable Care Act on his own thirty-eight times.

Everyone would prefer that the Congress and the President would settle their disputes through the customary political debates and arguments. House members represent the people of their district by population, and are closest to the public for they must face reelection every two years. A senator represents a whole state. The president represents all the people of the country. It was designed by the Founders to slow things down, so that poorly considered laws were not enacted in haste, in the hopes that would result in better law.

In the current climate, potential laws are not getting through Congress. The lapdog media would blame it all on the Republicans, but the blame lies directly in the hands of the Majority Leader of the Senate—who refuses to allow laws passed by the House to even be voted on. That’s not the way it’s supposed to work.

The Founders did not consider the possibility that a future president might pay no attention to his oath of office, or just take the law into his own hands. They assumed that a president’s honor and character would mean that even when he disagreed, he would abide by the rules.

“The major reason to involve the judiciary in this case is Mr. Obama’s flagrant contempt for the regular political order,” said the Wall Street Journal.

This president does not feel restrained by the Constitution that he swore to uphold. When Congress will not pass the laws that he wants, as he has said, “I’ve got a phone and a pen.” He will just take action on his own by “executive order.”All presidents have used executive orders from time to time, but none have ever used executive orders to rewrite laws duly passed and signed into law.

Far from a partisan caper, this implicates the foundation of the U.S. political architecture. The courts generally presume that individual Members of Congress lack the “standing” to make a legal challenge, but Mr. Obama is stealing inherent Article I powers that no party other than Congress can vindicate. Mr. Boehner said he will seek a House vote authorizing the lawsuit and put it under the direction of the Bipartisan Legal Advisory Group.

A single Congressman may not have standing, but Congress has the institutional standing to sue the president and are thus asking a constitutional question that has not been joined at the courts. More than a few judges and Supreme Court Justices seem to be concerned that Mr. Obama’s conduct is undermining the rule of law and political accountability. Just this week, the Supreme Court slapped down the EPA for defying the plain language of the law in the name of anti-carbon policy. More rebukes may be coming with cases about recess appointments and the ObamaCare contraception mandate.

Last summer, Mr. Obama proclaimed that “in a normal political environment” he’s ask Congress to fix laws such as ObamaCare, but since the House disagrees with his priorities, he’ll just go ahead and fix them himself without legislative consent. But then again, the president can hardly get through normal comments to the press without proclaiming that he is the President of the United States or The Commander in Chief. President Bush often said that “he was the Decider,” but that was not a proclamation of his importance, but a humble expression of the weight of the decisions that he must make. There’s a significant difference.

Thanks to Mr. Boehner, the courts will get a chance to weigh in on whether Mr. Obama or his successors can exercise imperial powers.

 



Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws by The Elephant's Child

The House Judiciary Committee is holding hearings on executive overreach. Members of Congress and constitutional law experts testified yesterday, warning that the legislative branch is in danger of ceding its power in the face of an “imperial presidency.”

The hearing, “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws,” focused on the multiple areas  where President Barack Obama has bypassed Congress, ranging from healthcare and immigration to marriage and welfare rules.

Jonathan Turley, Shapiro Professor of Public Interest Law at George Washington University, testified that the expansion of executive power is happening so fast that America is at a “constitutional tipping point.”

My view [is] that the president, has in fact, exceeded his authority in a way that is creating a destabilizing influence in a three branch system,” he said. “I want to emphasize, of course, this problem didn’t begin with President Obama, I was critical of his predecessor President Bush as well, but the rate at which executive power has been concentrated in our system is accelerating. And frankly, I am very alarmed by the implications of that aggregation of power.”

“What also alarms me, however, is that the two other branches appear not just simply passive, but inert in the face of this concentration of authority,” Turley said.

Jim Gerlach (R-PA) said “The ACA has been revised, altered and effectively rewritten by the president and his administration 23 times since July.”

Representative Tom Rice (R-SC) said, “When we have these constant changes at the president’s whim, think about what that does to businesses’ planning capabilities and hiring capabilities and their expansion capabilities. We shouldn’t wonder why our economy is struggling.”



This Really Covers It, Doesn’t It? by The Elephant's Child

RAMclr-013114-imperial-IBD-COLOR-FINAL.gif.cms

(click to enlarge)



Obama Carries Arrogance to New Levels. by The Elephant's Child

Obama is getting testy.

In his recent interview with the New York Times. Mr, Obama said to Jackie Calmes:

“What I said was that I will seize any opportunity I can find to work with Congress to strengthen the middle class, improve their prospects, improve their security.

— but where Congress is unwilling to act, I will take whatever administrative steps that I can in order to do right by the American people.

And if Congress thinks that what I’ve done is inappropriate or wrong in some fashion, they’re free to make that case. But there’s not an action that I take that you don’t have some folks in Congress who say that I’m usurping my authority. Some of those folks think I usurp my authority by having the gall to win the presidency. And I don’t think that’s a secret. But ultimately, I’m not concerned about their opinions — very few of them, but the way, are lawyers, much less constitutional lawyers.”

The United States has a system of checks and balances, but Mr. Obama is apparently done with Congress. He’s going for the imperial model. Daniel Henninger has a brilliant column in the Wall Street Journal today, and observes that Mr. Obama is “rebalancing the system toward a national-leader model that is alien to the American tradition.” Obama will make the laws himself.

“Every president since George Washington has felt frustration with the American system’s impediments to change” Mr. Henninger says. “This president is done with Congress.” To accomplish his ends, Mr. Obama needs to lessen support for the other two branches of government — Congress and the Judiciary.

Take a closer look at the Galesburg and Jacksonville speeches. Mr. Obama doesn’t merely criticize Congress. He mocks it repeatedly. Washington “ignored” problems. It “made things worse.” It “manufactures” crises and “phony scandals.” He is persuading his audiences to set Congress aside and let him act.

Mr Obama has determined that he will not enforce the laws that he doesn’t like. He has unilaterally decided to delay the employer mandate in the Affordable Care Act, though there is no provision in the law allowing the president to suspend, delay or repeal it. Democrats may go along with his aggressive assertions of executive power, but allowing a president to refuse to enforce statutes passed by Congress changes the nature of our government.

Democrats argue that Congress is gridlocked, and they are, but that is because the people are gridlocked. The Congress represents the people of the United States, and Mr. Obama’s contempt for Congress betrays a contempt for the American people.

So too the judiciary. During his 2010 State of the Union speech, Mr. Obama denounced the Supreme Court Justices in front of him. The National Labor Relations Board has continued to issue orders despite two federal court rulings forbidding it to do so. Attorney General Eric Holder says he will use a different section of the Voting Rights Act to impose requirements on Southern states that the Supreme Court ruled illegal. Mr. Obama’s repeated flouting of the judiciary and its decisions are undermining its institutional authority, as intended.

There are not many means to stop a president who decides that he is above the law and can do as he pleases with no checks and balances. Presidents swear to protect and defend the Constitution, but if you have a President to whom oaths are meaningless, and the Constitution is an old tired document that needs to be changed — we’re in trouble. The people need to speak out.

 



This Imperial President Is Above Mere Laws by The Elephant's Child

The White House seems to have an odd relationship with the separation of powers. The 2010 mid-term election when Republicans took over control of the House of Representatives was a sharp rebuke to the administration and congressional Democrats. Rather than understand that as a call for more cooperation and bipartisanship, Obama saw it as a sign that he should just go around Congress, accomplishing his goals by executive orders and agency regulation.

The Friday night news dump showed that Obama had exceeded his own guidelines. He decided that he would ignore the restrictions of Congress’s Palestinian Accountability Act with a “waiver.” He made the decision to pour American taxpayer dollars —$192 million — into the coffers of the Palestinian Authority despite its being illegal. This was first printed in the foreign press (AFP), where many of the more interesting things about this administration first appear.

Congress mandated that no funds may be made available to the Palestinian Authority until it ends its terrorist activities and an independent audit is conducted of its finances. White House spokesman Tommy Vietor said it would ensure “the continued viability of the moderate PA government.” This is the same moderate government which has tried to form a pact with Hamas. He added that “the PA had fulfilled all its major obligations, such as recognizing Israel’s right to exist, renouncing violence and accepting the Road Map for Peace.”

In the real world, the PA is not only not moderate, but has reneged on all its commitments. The whole thing is a blatant  lie.

Obama’s thinks of himself as an imperial president, above mere laws. His rant against the Supreme Court in the wake of the ObamaCare hearing was a disgrace. The Supreme Court is a fully equal branch of the government to the executive branch, and they decide what is Constitutional — not the president, who was a part-time lecturer on the 15th Amendment at the University of Chicago —not a professor of Constitutional Law.

Obama instructed Secretary of State Hillary Clinton to inform Congress of the move, on the grounds that “waiving such prohibition is important to the national security interests of the United States.” Embarrassing.

Former federal prosecutor Andy McCarthy suggests that Congress should slash the executive branch’s budget— perhaps with a treble damages rule. Will they do it? remains to be seen, but unless they respond definitively, the imperial presidency will continue. Obama doesn’t think anyone will dare to do so.

 




Follow

Get every new post delivered to your Inbox.

Join 6,693 other followers

%d bloggers like this: