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Rep. John Boehner may file Executive Action Lawsuit

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#31 x-scratch

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Posted 25 June 2014 - 22:56

the world will celebrate when obama is gone




#32 Melfster

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Posted 25 June 2014 - 22:59

When can we sue Congress for not doing their jobs...  Look at approval of congress is worst in history.  Boehner  needs the boot.



#33 hagjohn

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Posted 25 June 2014 - 23:18

the world will celebrate when obama is gone

 

Why, just some other jackass (who will do nothing for the people) will come in.



#34 Brendeth

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Posted 25 June 2014 - 23:52

Ah  modern day politics - "I don't like your idea and instead of compromising on a solution together, I will shout loudly at you until one of us gives in". You people are elected to make changes for the betterment of you community and instead you just argue because of party allegiance.



#35 DocM

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Posted 25 June 2014 - 23:55

Which ones are in question? So far none of them seem illegal to me. Seems like a waste of my tax dollars, how about congress gets this lawsuit funded by those who want to sue? I sure as hell do not want my money being wasted on this.


1) recess appointments while Congress was still in session. This one is before the Supreme Court waiting for a decision.

2) changing how entire sections of Obamacare work without going through Congress. Giving exceptions to the law to minimize their electoral impact on him and his party. Violates Separation of Powers.

3) selectively enforcing immigration laws, violating the intent of Congresses over the last 80 years.

4) ordering EPA to change legislative policy without Congressional approval. Part of this was overturned by the Supreme Court earlier in the week, and other cases are very likely.

etc.

#36 DocM

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Posted 26 June 2014 - 00:02

When can we sue Congress for not doing their jobs... Look at approval of congress is worst in history. Boehner needs the boot.

The disapproval of Congress as a whole includes disapproval of how Harry Reid (D-Nevada) is running the Senate.

The House can pass bills day and night but his obstructionism in the Senate is a large part of why things don't get done.

In the past these difference would get ironed out in Conference Committees after both houses passed their versions, but Reid either blocks the House version from being considered or amended, or he refuses to go to Conference.

As they say, it takes two to Tango.

#37 The_Decryptor

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Posted 26 June 2014 - 01:42

do you have a source for that? im curious. how in the world could FDR pass that many?


World War 2, he did a lot.

One of the orders he made was the creation of the internment camps, so when you put that in perspective (People upset Obama told the EPA to tighten emissions standards) it looks odd that Obama is the bad guy.

#38 Mordkanin

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Posted 26 June 2014 - 01:57

 

1) recess appointments while Congress was still in session. This one is before the Supreme Court waiting for a decision.
 
That one is already in court. No further lawsuit is required.
 

 

2) changing how entire sections of Obamacare work without going through Congress. Giving exceptions to the law to minimize their electoral impact on him and his party. Violates Separation of Powers.
 
It was mostly deadline delays. All grossly pass us by the time this hits courts.
 

 

3) selectively enforcing immigration laws, violating the intent of Congresses over the last 80 years.
 
Prosecutorial discretion has considerable precedent in this country.
 

 

4) ordering EPA to change legislative policy without Congressional approval. Part of this was overturned by the Supreme Court earlier in the week, and other cases are very likely.
 
A very trivial fraction was overturned. It's barely even worth mentioning in the scope of the new EPA regulations.
 
Actually, the entire EPA policy that's being enacted is a direct result of a Supreme Court decision striking down the Bush Administration's interpretation of the clean air act that CO2 is not something that can be regulated under the CAA. The Supreme Court disagreed, and as a result, the EPA was essentially ordered by the court to start regulating it.
 
So Congress passed the CAA. The Executive Branch said "Nah. We can't regulate CO2". States took them to court over it, and the Supreme Court said "Not only can you regulate CO2, the CAA says you have to." The Executive branch then issues orders to start regulating CO2, and we're calling it "Executive overreach?" Can't get much more Constitutional than that.
 
The court has twice in the past few years ruled that the EPA has these powers. If they felt like overturning that, they would have done it now. They didn't. They only tweaked the scope by a tiny bit. It's clear where the EPA regulations stand, legally.
 
 
 
 
Boehner realizes that he's going to actually have to start citing relevant examples if he brings this to court, right? 


#39 BlueScreenOfDeath

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Posted 27 June 2014 - 13:59

I guess not other Republican president has done anything similar. Obama is the only evil president that this country has.

 

Please show some proof that Bush or any other previous president abused his executive powers. Congress might have been in the Dems control during the Bush term but i didn't see him decreeing laws to get around congress. You can make excuses for the guy all you want but there are laws and checks and balances that even HE must abide by.

 

 

Poor baby, Obama has gotten around your do nothing Congress and you're upset about it and now want to sue so you can continue your track record of doing nothing but trying to appeal the ACA.

 

If you were a unbiased Congress and did the right things you wouldn't have this problem.  Your own actions brought this on.  Deal with it. 

 

Maybe if Obama spent less time demonizing the right and working together he wouldn't feel this justification to circumvent congress and just decree laws into the book because he says. His ACA isn't perfect by any means. As i said above, we have laws in this country that keeps checks and balances over the Judicial, Legislative and Executive branches...Obama and the presidency in general are not exempt from that.. If he ends up not getting anything done in his second term - oh well. How many lame duck presidents have we had where because congress was stacked against them...nothing got done. I don't recall them abusing their powers. Obama seems to think he is above the law and can just do what he pleases.

 

Well maybe if the god damn Congress could stop acting like 10 year olds at Chucky Cheese's and get something done, maybe the evil Obama wouldn't have to resort to such "drastic" acts. Even though they aren't that drastic, or unheard of. But whatever.

 

The ones to blame here are the uninformed and frankly illiterate electorate for electing these people into office who tow the party line and refuse to work together to get things done. It still doesn't justify Obama acting on his own accord and with a Supreme Court vote of 9-0 - it's very very apparent those who have a better understanding of the law of the land seem to think the same - that he has abused his Executive Powers in the Office of President of the United States.... get butt hurt all you want but they have a much better understanding of the law and than you ever will.



#40 DocM

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Posted 27 June 2014 - 16:36

There were a previous presidents who abused their powers. Abraham Lincoln and Richard Nixon for two, but the all-time champ was Franklin Roosevelt.

Franklun Roosevelt was reversed so many times by the Supreme Court he tried to "stack" it with flunkies who wouldn't oppose him. He failed. Too many violations to list, starting with the internment camps where Japanese Americans were imprisoned.

Obama being a former Professor of Constitutional Law should have learned this lesson long ago, but apparently not.

#41 sidroc

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Posted 29 June 2014 - 22:45

Please show some proof that Bush or any other previous president abused his executive powers. Congress might have been in the Dems control during the Bush term but i didn't see him decreeing laws to get around congress. You can make excuses for the guy all you want but there are laws and checks and balances that even HE must abide by.

 

I have proof for that, one needs to look no farther than Executive order 13233 and 13303,  made by Bush.



#42 +macoman

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Posted 30 June 2014 - 06:12

There were a previous presidents who abused their powers. Abraham Lincoln and Richard Nixon for two, but the all-time champ was Franklin Roosevelt.

Franklun Roosevelt was reversed so many times by the Supreme Court he tried to "stack" it with flunkies who wouldn't oppose him. He failed. Too many violations to list, starting with the internment camps where Japanese Americans were imprisoned.

Obama being a former Professor of Constitutional Law should have learned this lesson long ago, but apparently not.

George W. Bush made 291 executive orders during his 8 years and nobody sue his ass. But because Obama is weak with only 180 executive orders, the extremist of the tea party want to sue him.

#43 DocM

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Posted 30 June 2014 - 06:38

Most Presidential EO's are not controversial so numbers don't really indicate that much. It's quality, not quantity.

Example: if legislation has a delegation clause allowing a President latitude in the laws execution he often exercises that delighted legislative authority by EO's. No problem.

OTOH, if his EO's go beyond the scope of the delegated legislative authorities in the law then he's overreaching.

The latter is the case for EO's delaying the tax and issuing hundreds of exemptions under Obamacare. These moves were done purely for political purposes - to keep its worst negative effects on the other side of the 2014 election, thereby shielding Democrats. Unfortunately for them the Obamacare website and premium cost debacles hit and blew their cover.