American Elephants


Congress Can Sue Obama by The Elephant's Child

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Remember all the hoots and slanders from the White House when House Republicans sued President Obama for rewriting ObamaCare without proper legislative authority? A federal judge ruled on Wednesday that the House has legal standing to sue and pursue the case on its merits.

The Administration had sought to dismiss the lawsuit on grounds that this was a classic political debate between the elected branches. But Judge Rosemary Collyer ruled that the House claim that Mr. Obama had spent subsidy dollars without a clear appropriation may have created an injury that deserves a hearing. “When the appropriations process is itself circumvented, Congress finds itself deprived of its constitutional role,” the judge wrote.

Obama is a fierce competitor. We have never before had a President who is so focused on getting his own way, writing the laws himself, and who has so little respect for the Constitution and the separation of powers.

This has implications well beyond ObamaCare. More than any President in decades or longer, Mr. Obama has sought to rewrite legislation that guts Congress’s Article I spending power under the Constitution. If Judge Collyer rules for the House on the merits, expect the case to go all the way to the Supreme Court in what could be a historic ruling on the separation of powers.

I suspect that more than any other thing, the American people are troubled by President Obama’s efforts to use every trick he can find to advance his personal agenda. Americans are not at all sure that America should be a nation just like any other, not exceptional, not a leader of the free world, but just another European socialist state. We thought we left that behind in 1776.

Our Constitution was written to slow things down. That’s why we have three separate but equal branches of government, each with some  powers that are exclusively theirs. The Judiciary decides what is Constitutional and what is not. The president doesn’t get to override that. The House of Representatives has spending power. Obama has just announced that Congress had better not try to cut his spending, or he will veto the budget. Inside every Leftist is a tyrant trying to get out.

The federal debt now totals more than $13 trillion, or about $107,000 for every household in the nation. The accumulated federal debt has doubled over the past seven years, and it will keep growing unless policymakers enact major reforms. It harms the economy. It would help if the president had some basic familiarity with economics.

A lot of Republicans jeered when Speaker John Boehner resisted criticism of his tactics, but he deserves some congratulations, and also David Rivkin who came up with the legal argument. The Constitution also requires that the separate branches defend their own powers.

 


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