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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 Objective Voice View Post
    When I heard about this yesterday, I damned near fell out of my chair from laughing so hard! At first, I thought it was a joke.

    If Boehner truly believed the President was over-stepping his bounds and not "faithfully executing the law," he and his House Republican cohorts should be drafting articles of impeachment instead of trying this extremely questionable legal end-round. No way will it hold up in court. You'd have to prove that any and ALL Executive Orders where purposely set in motion so as to circumvent standing law. Moreover, as I've said time and time again, most EO's are directed towards members of his Cabinet on how the carry out policy in accordance with applicable law in order to maintain good social order. Boehner defeats his own purpose when he, himself, does not specify which law the President has violated.

    This is nothing more than political theater by an outgoing House Speaker. It'll never go anywhere. Folks should read this in-depth study on "The President as Law Enforcer". It puts the President's use of EO's in prospective.
    Impeachment would be a political stunt. No chance of passing the Senate. This at least has a shot. I do not think either side wants an imperial President. We gave up some liberty under Bush in the name of security. Huge mistake, as was much of Bush's presidency. That being said we need to get to a government of checks and balances. Not have one branch that dominates the other two as we have now.

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

    Quote Originally Posted by Anagram View Post
    I don't think tiny extreme right wing blogs and anonymous chain emails really count for very much, although the fact that I never read either explains why I've never heard it. Almost all the mainstream criticism of Obama's executive orders and even from people on sites like this has been because of the supposed unconstitutionality of specific orders rather than the number.
    you right, it was never about the numbers. By last count that I know President Obama is credited with 147 EO's. here is snopes on what the guy said:

    snopes.com: President Obama's 923 Executive Orders

    Boehner and his cohorts are upset because they view the president as using the EO to bypass congress, the unconstitutionality of some and changing written law to suit what he will enforce and what he will not enforce. In the past the SCOTUS has refused to hear cases like this because it involved co-equal branches. Boehner may have a problem finding a federal judge that will accept his lawsuit, time will tell.
    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 washunut View Post
    Impeachment would be a political stunt. No chance of passing the Senate. This at least has a shot. I do not think either side wants an imperial President. We gave up some liberty under Bush in the name of security. Huge mistake, as was much of Bush's presidency. That being said we need to get to a government of checks and balances. Not have one branch that dominates the other two as we have now.
    I think your wrong about the imperial presidency. As long as the president is of your party and your in congress, you are willing to cede any power the president wants. It is only when the president is of the other party that you want congress to take back some of their powers and reign the in the president in.
    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 Anagram View Post
    I don't think tiny extreme right wing blogs and anonymous chain emails really count for very much, although the fact that I never read either explains why I've never heard it. Almost all the mainstream criticism of Obama's executive orders and even from people on sites like this has been because of the supposed unconstitutionality of specific orders rather than the number.
    Oh, as I said, I get them posted on fb at least twice a week. The lie becomes the truth for far too many.

    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 ObamacareFail View Post
    Unfortunately the Boehner lawsuit is not likely to have any timely effect. It will likely be a year or two after "Hussein" Obama is out of office before there is a ruling and even then it can be appealed. Or some leftwing federal judge will strike it down. What's needed are immediate constitutional challenges and withholding of funding.
    actually i think he can appeal right to the SCOTUS rather than go through the entire court system. even if they rule after the fact it will at least set a precedent on what the president can and can't do.

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

    Quote Originally Posted by ludin View Post
    actually i think he can appeal right to the SCOTUS rather than go through the entire court system. even if they rule after the fact it will at least set a precedent on what the president can and can't do.
    Time will tell.

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


    It's GREAT to be me. --- "45% liberal/55% conservative"
    Diplomacy is the art of saying 'nice doggy" until you can find a gun.

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

    Quote Originally Posted by Captain America View Post
    "I guess none of your classes had questions regarding recess appointments"

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

    Quote Originally Posted by washunut View Post
    Impeachment would be a political stunt. No chance of passing the Senate. This at least has a shot. I do not think either side wants an imperial President. We gave up some liberty under Bush in the name of security. Huge mistake, as was much of Bush's presidency. That being said we need to get to a government of checks and balances. Not have one branch that dominates the other two as we have now.
    I don't see the "dominance" from the Executive Branch as you do. Such a characterization would imply that President Obama can do anything he wants and go unchecked. Untrue!

    The way I see Spkr Boehner's lawsuit move is it's nothing more than an attempt to rally the Republican base. Until he (the House) brings forth evidence that he's gone beyond is authority as President in issuing Executive Orders, he really has nothing except this foolhardy attempt to rally the Republican base.

    It's convenient for House Republican to use the excuse that hands are tied because they don't believe that Senate Democrats won't vote in favor of impeachment, but if the evidence exists as it clearly did during the Nixon and was on the margins during the Clinton Administrations I'm certain the House (Republicans) would have presented their articles of impeachment by now that would clearly show "what Pres. Obama knew, when he knew it and what role he played in sanctioning illegal activity". And since Boehner hasn't and even refuses to outline exactly what laws the President has violated and how doing such as brought about harm to the nation or discredit upon the Office of the Presidency, then IMHO he has nothing.

    Moreover, if Boehner/Republicans or even Democrats really believed a "power grab" has taken place from the White House, they - Congress - has the power to reign such over-reach in in two forms:

    1) Impeach him, or;

    2) rewrite applicable laws

    It's just that simple.

    Sidenote: While folks/Spkr Boehner is so focused on the President issuing EO's, he really should be worried about presidential Signing Statements, the real tool Presidents use to state which provisions of a law they won't follow, such as those GWB signed during his presidency.

    Presidential Signing Statements Research Guide — Georgetown Law

    When presidents sign bills into law, they sometimes issue written statements expressing their views on those bills. These written statements are known as "presidential signing statements." Presidents often use signing statements to express their intention not to enforce parts of legislation that they consider to be unconstitutional, or otherwise provide an interpretation of the law as executive branch agencies will be directed to enforce it.

    ...

    In March 2009, President Obama issued a memo to the heads of executive departments and agencies in which he opined "In appropriately limited circumstances, [presidential signing statements] represent an exercise of the President's constitutional obligation to take care that the laws be faithfully executed, and they promote a healthy dialogue between the executive branch and the Congress."
    http://fas.org/sgp/crs/natsec/RL33667.pdf

    While the history of presidential issuance of signing statements dates to the early 19th century, the practice has become the source of significant controversy in the modern era as Presidents have increasingly employed the statements to assert constitutional and legal objections to congressional enactments. President Reagan initiated this practice in earnest, transforming the signing statement into a mechanism for the assertion of presidential authority and intent. President Reagan issued 250 signing statements, 86 of which (34%) contained provisions objecting to one or more of the statutory provisions signed into law. President George H. W. Bush continued this practice, issuing 228 signing statements, 107 of which (47%) raised objections. President Clinton’s conception of presidential power proved to be largely consonant with that of the preceding two administrations. In turn, President Clinton made aggressive use of the signing statement, issuing 381 statements, 70 of which (18%) raised constitutional or legal objections. President George W. Bush continued this practice, issuing 161 signing statements, 127 of which (79%) contain some type of challenge or objection. The significant rise in the proportion of constitutional objections made by President George W. Bush was compounded by the fact that his statements were typified by multiple objections, resulting in more than 1,000 challenges to distinct provisions of law. Although President Barack Obama has continued to use presidential signing statements, the Obama Administration has used the interpretive tools with less frequency than previous administrations—issuing 20 signing statements, of which 10 (50%) contain constitutional challenges to an enacted statutory provision.
    Clearly, those who honestly believe President Obama has excessively over-reached from the Executive truly aren't doing their homework.
    Last edited by Objective Voice; 07-05-14 at 04:32 PM.
    "A fair exchange ain't no robbery." Tupac Shakur w/Digital Underground

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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
    I think your wrong about the imperial presidency. As long as the president is of your party and your in congress, you are willing to cede any power the president wants. It is only when the president is of the other party that you want congress to take back some of their powers and reign the in the president in.
    Your thinking is misguided. I felt the previous president went way overboard as well.

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