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Thread: Boehner plans to file suit against Obama over alleged abuse of executive power

  1. #121
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    The Congress failing to pass legislation does not excuse a President from taking unconstitutional action. IF the action is unconstitutional, then it's unconstitutional regardless of whether Congress "Failed to legislate" (Which is and of itself is a dishonest biased presentation that ASSUMES that the purpose of congress is to simply PASS LAWS, as opposed to PASS BENEFICIAL LAWS. That it's somehow the duty of every congressman to simply get things passed, regardless of whether or not they believe it's necessary, useful, or represents their constituents well).

    If the lawsuit occurs, whether or not the President was acting beyond the scope of his constitutional powers will be determined by the courts. However, complaining that “congress didn’t pass things!” (and let’s be honest, it’s “Congress didn’t pass things we wanted it to pass) is not going to likely be a legitimate defense despite the opinions of these liberal commentators.

    The continual harping on Bohner not going into in depth legal analysis and specifics regarding the suit is ridiculous. There’s no reason, nor intelligent need, to do such at this point. Undoubtedly an effort to actually put together the brief will be underway. Strategically it is advantageous to avoid specifics, thus allowing the opposition to better craft a defense, until such point that you HAVE to give it. Making assumptions about what the intent of the lawsuit is natural; presenting that assumption as if it’s definitely the truth, OR acknowledging that there are MULTIPLE potential assumptions but settling on the one that makes no logical sense when compared to reality as opposed to the assumptions that DOES…not so much.

    One can speculate and comment and criticize the political nature of this all you want; but the criticism over the notion of DARING to actually challenge executive authority is ridiculous.

    Nevermind the ever tried and true effort of screaming “BUSH” as loud as possible; a desperate plea for hypocrisy that itself is hypocritical in nature with its one sided aimed. If we are to assume that Obama is acting similarly to what Bush did, but republicans didn’t complain then, then what does it say about those Democrats that did complain then? What does it say of the President whose harsh critiques of executive orders and executive actions as a method of bypassing the normal process were a part of his electoral campaign, but whose actions are now being questioned. It’s always a wonderful kneejerk reaction to go “Bush Bush Bush”, but at BEST that simply calls into question the hypocrisy of those making the accusations…NOT the legitimacy of the accusations themselves. But this hypocritical attack on hypocrisy is not actually meant as a means of arguing against the accusations; rather, it’s purpose is simply as a distraction and diversion and nothing more.

  2. #122
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by Beaudreaux View Post
    No one filed the needed lawsuits, or at the very least, the ones that were filed weren't written up properly or argued properly in court regarding the Constitution.
    Point! Too bad.
    Killing one person is murder, killing 100,000 is foreign policy

  3. #123
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by danarhea View Post
    How do we end the impasse? Easy. The judicial branch makes the call. But in order for that to happen, a lawsuit must be filed, which is where Boehner comes in.
    Yeah, not so much. Courts rarely want to get in the middle of a slap-fight between the two branches. Most of the time, the courts focus on how a law gets interpreted, not in slapping down executive acts.

    For example, the ACA ruling was not "executive vs legislative." It was a law passed by Congress, and the suits tested whether that law was constitutional.

    Further, in order to bring a suit, the filer must prove that they have actually been impacted by that suit. So if Boehner wants to sue Obama because he didn't enforce a specific immigration law, odds are very good that he won't have standing.


    To the Democrats - Boehner has every right to file a lawsuit. It is part of the process.
    *shrug* If my neighbor's dog tears up my yard, I also have the right to file a lawsuit. That doesn't mean it's the best choice.

    I gotta say though, it's pretty clear this is just a stunt, and it won't stop Obama from using executive orders. The plaintiffs may not have standing; there's no way this will get through the courts fast enough to have any effect; it's transparently obvious that it's a sop to the hard right. My guess is they figure they know they can't impeach him, and even trying will make him a martyr.


    To the Republicans - It's not an abuse of power by the president. It's a different interpretation of the constitution, which of course needs to be ironed out.
    Yeah, not so much. It's interpretations of the laws as passed. So if the law as written gives the EPA latitude in regulating CO2 -- something that has been legislated several times, by the way -- that's not really a question of the separation of powers.


    Suing the president? No big deal. It's been done many times during past administrations.
    Yeah, not so much. It is certainly not common for Senators to sue the President, they would more typically hold a hearing (as they did with Iran-Contra). Or, if it's serious enough, start impeachment proceedings.

  4. #124
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by MaggieD View Post
    To assume my post is part of any "new mantra" is to greatly underestimate the intelligence of Americans. That's not the party line. That's mine. It's only common sense. I think we'll find, when the chips are down, Americans have more common sense than we typically give them credit for.
    Well, I wasn't speaking of you personally. But for many it has switched from one to other, and for others they still hold on to him doing more than others.

    As for Americans, the vast majority don't pay that much attention, many for legitimate reasons. Most find republicans and congress as poor as Obama, and prefer actual work to this silliness. That said, the partisans are running this circus and not rational Americans.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

  5. #125
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by Boo Radley View Post
    It is very relevant to how often such things have been done. With Obama too many act like's well beyond the pale when in fact he's right with what has been done. Bush pushed it a lot, and nary a complaint from conservatives or libertarians. Much of what they have called unconstitutional has held up in the courts. The fact is those who hate Obama hate more than they reason.
    You like to point out it's relevant and that Bush did it more and no one complained, but I haven't seen you quote a single executive order that Bush passed that Democrats or anyone else in Congress or the country specifically claimed was unconstitutional. It has been pointed out here, specifically, as an example, that Obama lacked the constitutional authority to alter the timelines specifically outlined in the ACA as adopted by congress. Why don't you post up some examples of Bush doing the same thing and then we can have a discussion. Until then, your posts are just empty partisan rhetoric.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by Montecresto View Post
    I love it. Great news and long over do. Where was SCOTUS during the Bush administration!?!?
    And again this mantra "what about the Bush administration" and yet not a single example of a Bush executive order that was believed to be unconstitutional. I can't say there weren't any, for surety, but you'd think that the guys pumping this meme would be able to give at least one example.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

  7. #127
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by Beaudreaux View Post
    The SCOTUS just ruled today that the President disregarded the Constitution in his sidestepping the Congress with his appointments to the NLRB.

    This suit may follow that path as well.

    Not a good week for Obama.
    I don't think it's been a good year for Obama.

  8. #128
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by Beaudreaux View Post
    The SCOTUS just ruled today that the President disregarded the Constitution in his sidestepping the Congress with his appointments to the NLRB.

    This suit may follow that path as well.

    Not a good week for Obama.
    More gray matter where Obama crossed into.

    Recess appointment - Wikipedia, the free encyclopedia

    A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in recess the President may act alone by making a recess appointment to fill "Vacancies that may happen during the Recess of the Senate." To remain in effect, a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution, which states:
    The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
    Basically, congress wasn't in recess long enough;


    "Because the Senate was in session during its pro forma sessions, the president made the recess appointments before us during a break too short to count as recess," Breyer said. "For that reason, the appointments are invalid." He was joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan.
    Whooops !

    One bad day maybe, but congress has stood long and hard, like a stiff hardon without a conscience, against anything the president has tried to accomplish, even getting appointments confirmed.

    If the GOP keeps this up, turtleman just may get part of his wish in making Obama a part term president, then they'll have Biden to work with.

    I'm going for recess now, I'll be back in 5 minutes to see if anything changed.


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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by tres borrachos View Post
    I don't think it's been a good year for Obama.
    Obama has dropped to a 35% approval rating
    Congressional approval rating, In August 2012, a historic low of 10 percent approval was reached.
    1st. is a Fox News Blog, 2nd. is WAPO blog.

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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by AJiveMan View Post
    1st. is a Fox News Blog, 2nd. is WAPO blog.
    Congress sucks, but that's a reflection on both parties.

    Obama is a mess.

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