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

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

    Quote Originally Posted by CanadaJohn View Post
    Is there politics involved - Duh, of course - they're politicians so what do you expect? But there are also serious issues about separation of powers and the authority of one, the congress, to conduct it's business and have the President and the courts respect and uphold that business.
    What business would that be that this Congress is trying to conduct?
    More Repeal without Replace?
    Cantor can't even mention a step-by-step immigration bill without getting nuked himself.
    The House is broken and Boehner is deflecting--and you know it .
    Physics is Phun

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

    Obama will veto legislation from the GOP Senate.
    Legislation that will pass due to the GOP expanding the nuclear option to do away with the DEm filibuster.
    At this point around May of 2015, the House will impeach Obama.
    Then the Senate will try him .
    Quote Originally Posted by CanadaJohn View Post
    I'm sorry, you'll have to clarify for me where President Obama gets the authority to veto the organizational rules the Senate establishes for their operations. Can you point that out for me?
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by CanadaJohn View Post
    Rules are rules and laws are laws. And just to burst your little balloon, when the Republicans control the Senate, do you think they're going to rescind Harry's nuclear option stunt or use it to their advantage?
    They'll use it, and good for them. Where does it mention filibusters in the Constitution? It doesn't. Only says that each house of Congress can set it's own rules. If the Senate decides that members must wear a duck on their heads, they must wear a duck on their heads. It may be assinine, but it's Constitutional. So is the filibuster.
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by CanadaJohn View Post
    Very good - so as you've pointed out, the courts stepped in and clarified for President Bush what powers he may or may not have as it relates to this particular issue. So why is it so distressful that the courts may be asked to step in and clarify things for President Obama? Is Obama somehow too special for the same treatment?
    I have no trouble with the courts doing so. I have trouble with selective exaggeration. The courts ruled on Obama concern appointments, and I am fine with that.

    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.

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

    Quote Originally Posted by CanadaJohn View Post
    Very good - so as you've pointed out, the courts stepped in and clarified for President Bush what powers he may or may not have as it relates to this particular issue. So why is it so distressful that the courts may be asked to step in and clarify things for President Obama? Is Obama somehow too special for the same treatment?
    Not sure of the Canadian law but here you have to have standing and prove you were harmed in some way. This is nothing more then a political stunt to feed the sheep.

    Why Boehner Can

    But Boehner may not be able to do so. According to Erwin Chemerinsky, the dean of the University of California, Irvine Law School, the speaker of the House does not have the ability to sue the president in this situation, even if Congress says he does. Chemerinsky says “standing,” the doctrine that allows a person to file a lawsuit in federal court by demonstrating that real harm has been caused to them, is defined by the Constitution. As a result, even if Congress passes a law, or in this case a resolution, which only requires approval by the House, it will not be binding on federal courts, as the Constitution trumps any law, let alone a resolution, and does not give members of Congress the ability to sue if they cannot prove real harm.
    I confess, I did it, I let the dogs out.

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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
    They'll use it, and good for them. Where does it mention filibusters in the Constitution? It doesn't. Only says that each house of Congress can set it's own rules. If the Senate decides that members must wear a duck on their heads, they must wear a duck on their heads. It may be assinine, but it's Constitutional. So is the filibuster.
    LOL, good one, Ducks. Boehner may file it, but I think he may have a hard time finding a federal judge to hear the case. In cases like this in the past, the SCOTUS has stayed out of them.
    This Reform Party member thinks it is high past time that we start electing Americans to congress and the presidency who put America first and their political party further down the line. But for way too long we have been electing Republicans and Democrats who happen to be Americans instead of Americans who happen to be Republicans and Democrats.

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

    Quote Originally Posted by Perotista View Post
    LOL, good one, Ducks. Boehner may file it,
    but I think he may have a hard time finding a federal judge to hear the case. In cases like this in the past, the SCOTUS has stayed out of them.
    The House has done so little for so long, they're now qualified to do absolutely nothing for the rest of this term.
    Except to hide in their offices and peep out like yesterday and announce a lawsuit on XOs,
    but not being able to tell you which ones or why--just practicin .
    Physics is Phun

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

    Quote Originally Posted by CanadaJohn View Post
    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.
    Oh please, their were/are plenty of people who said Bush issued executive orders "believed to be unconstitutional". Jonathan Turley, for one, constitutional law professor at Georgetown, and huge critic of the escalating imperial presidency under Barack Obama, was an equally outspoken critic of the Bush Whitehouse. He considered Bush's EO's authorising torture to be one such example.


    Historically, legal counselors to U.S. presidents have justified executive orders on these brief and somewhat ambiguous Constitutional passages. But additionally, in Mississippi v. Johnson (1866), the U.S. Supreme Court held that a U.S. president legitimately performs two basic functions – ministerial and discretionary – and that executive orders can legitimately facilitate each. Not until 1952 were specific rules and guidelines given for what a president could or could not via executive orders. In Youngstown Sheet & Tube Co. v. Sawyer (1952) the Supreme Court invalidated Truman’s decree on steel mills, on the grounds that he was attempting to make law (a legislative function), not merely carrying out (or “executing”) existing law. Presidents since that decision have tried to cite the specific laws they are acting under, when issuing new executive orders.


    We see that legal challenges to executive orders aren’t unknown, and some succeed. Thus critics of Mr. Obama’s orders should file lawsuits, as a remedy, if they can prove that his decrees seek to make law or else violate rights. It isn’t enough for these critics to claim that Mr. Obama has issued many orders. Congress itself has issued a cascade of new laws in recent years; it’s natural that the executive branch would issue orders to “execute” such laws; one merely follows the other. Otherwise, Mr. Obama is a mere piker when it comes to issuing decrees; he’s been easily out-distanced by the likes of those Republicans – e.g., Eisenhower and Reagan – who today’s conservatives claim to be paragons of constitutionally-limited government.
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    Re: Boehner plans to file suit against Obama over alleged abuse of executive power

    Quote Originally Posted by NIMBY View Post
    The House has done so little for so long, they're now qualified to do absolutely nothing for the rest of this term.
    Except to hide in their offices and peep out like yesterday and announce a lawsuit on XOs,
    but not being able to tell you which ones or why--just practicin .
    Nothing will come of it. I think it was just to keep his base happy. Perhaps he, Boehner feels a Cantor moment maybe coming.
    This Reform Party member thinks it is high past time that we start electing Americans to congress and the presidency who put America first and their political party further down the line. But for way too long we have been electing Republicans and Democrats who happen to be Americans instead of Americans who happen to be Republicans and Democrats.

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

    You military guys call this a preemptive strike.
    Btw, I like this new Press Secretary.
    They don't have a very long shelf-life do they?
    Quote Originally Posted by Perotista View Post
    Nothing will come of it. I think it was just to keep his base happy. Perhaps he, Boehner feels a Cantor moment maybe coming.
    The real moment of truth will come if Boehner ever breaks the Hastert rule again--such as not defaulting on our debt.
    Did you see that Sen. Baker died--good man .
    Physics is Phun

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