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Are House conservatives preparing to sue Barack Obama if he acts unilaterally through Executive Order?

January 29, 2014

 Are the conservatives in the House preparing to sue Barack Obama if he acts unilaterally to impose his radical agenda? That is what Michele Bachmann is claiming.

Bachmann said an effort is underway in Congress to take back their “authority under the Constitution as the House of Representatives.” She said the plan is to introduce legislation allowing lawmakers to hire an attorney, so “we can force the president to act under the Constitution.”

“We’ll sue the president of the United States and force him to no longer act unilaterally,” she said.

Bachmann says Obama will have a fight ahead. “If he wants to go forward with his unilateral activity, he better be prepared for the lawsuit that the United States Congress will bring,” she said.

  Apparently there is something to this for it looks as though South Carolina Rep. Tom Rice is preparing a bill to do just that if the president insists on acting without the Congress.

    Barack Obama has promised threatened the Congress several times in recent weeks, warning the Congress that if they do not give him what he wants he will take it on his own anyway. This, of course, flies in the face of the Constitution which specifically and purposely limited the power of the president because the Founders were concerned about a central figure with all encompassing powers.

  All presidents, starting with George Washington, have used Article II Section I and Article II Section 3 to justify using what eventually became known as the Executive Order, but where these presidents differed from Barack Obama is that the Executive Order was used to implement existing laws passed by the Congress, they were not meant to be used to create new laws and they certainly were not meant to declare laws null and void.

  If Barack Obama makes good on his threat, and I see no reason why he will not, (in fact many of us tried to warn the people he would do this if he was reelected) then there is no doubt in my mind he is violating the Constitution by assuming powers he does not have so action must be taken.

  While this is a necessary action I am afraid it will be a futile action. Even if the Republican establishment leadership allows this to go forward, and I have my doubts they will, it will take years for any challenges to make their way through the courts and in the meantime everything Barack Obama wants he will take. The only way to stop Barack Obama at this point is to remove him from office and that ain’t going to happen. We are going to be stuck with a defacto dictator for the next three years and there is nothing we can do about it.

19 Comments leave one →
  1. Paul H Lemmen's avatar
    Richard M Nixon (Deceased) permalink
    January 29, 2014 8:22 pm

    Reblogged this on Dead Citizen's Rights Society.

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  2. Brittius's avatar
    January 29, 2014 8:27 pm

    Reblogged this on Brittius.com and commented:
    Sue over Executive Orders but, GOP wants amnesty for illegal aliens, and want to replace ObamaCare with BonerCare. RINOs are totally useless.

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    • Steve Dennis's avatar
      January 29, 2014 8:43 pm

      Thank you and you are right. The Republicans are useless at this point.

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    • CTWalter's avatar
      CTWalter permalink
      January 29, 2014 9:54 pm

      Stop it Brit! Stop asking questions of the overlords in DC. You are not supposed to engage common sense or make connections. Just go back to sleep and they will take care of you. Or throw you off a balcony…. if only the majority of Americans would wake up and smell the sewage….

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  3. thegeorgiayankee's avatar
    January 29, 2014 8:33 pm

    Eh, I suspect Bachmann is either playing to what she considers the ignorance of the American people, or is herself ignorant about EOs. The fact that someone is an elected member of Congress doesn’t mean they know much about government.

    EOs, as we’ve discussed, are formal instructions to the Executive Branch – that part of the government under the President’s direct authority. He’s the boss. Harry Truman issued the EO that ended segregation in the military. I’m sure it freaked out many Republicans, but Truman was on solid legal ground in so doing.

    I’m sure President Obama has the counsel of several lawyers deeply knowledgeable about the topic, who can advise him of just where his powers extend and where he’d be over-reaching.

    For my part, at least, Ms. Bachmann would have to challenge not Executive Orders, which are too firmly entrenched in our political infrastructure, but individual EOs, making a compelling case for overturning each one.

    I think most people will look at an EO and what it’s trying to accomplish, and evaluate a challenge accordingly. I don’t think the GOP will win itself any friends if it challenges the EO the President promised to sign increasing the minimum wage paid by federal contractors, for instance, and it may find itself regarded as increasingly obstructionist. Remember what the President said on more than one occasion last night: “You can go ahead and do it on you own – you don’t need to wait for the Congress!” It’s another version of President Truman’s campaign against the do-nothing Congress.

    Take good care and may God bless us all!

    TGY

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    • Steve Dennis's avatar
      January 29, 2014 8:45 pm

      What an EO is trying to accomplish is secondary to the fact that the president doesn’t have the authority to make law. He may be justified in some of what he wants to accomplish it but not in the means he will use to accomplish it.

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      • thegeorgiayankee's avatar
        January 30, 2014 12:59 am

        But you know that an EO isn’t law. The President cannot issue an EO requiring all employers to pay the minimum wage. But he CAN issue an EO to the departments and agencies in the executive branch telling to pay a certain minimum wage to their contractors. Not to their employees, apparently, but to their contractors. If an EO were “law,” he could simply raise every federal employee’s pay to $10.10.

        TGY

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  4. Jim at Asylum Watch's avatar
    January 29, 2014 8:37 pm

    They would be wasting their time and energy. They have the power of the purse given to them by the constitution, however, they do not have the guts to use it.

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    • Steve Dennis's avatar
      January 29, 2014 8:46 pm

      Amen to that Jim!

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    • CTWalter's avatar
      CTWalter permalink
      January 29, 2014 10:02 pm

      I second that AMEN. Would that these elected official find the stones to represent and to legislate, to go after the law breakers…. But I think too many of them are law breakers them selves, and I would lay you dollars to doughnuts that with the NSA in full operation for many more years than I think we were made aware of, there is enough dirt on most of them to keep all but a few real men and women in line. Then the media can make those few look like a freak show and the sheep go back to grazing. Maybe we should all start mailing DVD’s of great heros from the past. Jimmy Steward, John Wayne come to mind right off the bat…. Flood DC with tons and tons of actual mail filled with little shiny disks…. Ok I am starting to run off down a rabbit trail….

      The underlying question in all of the abuses of power we are seeing is this: will the nation as a whole be over come with the shrinking freedoms and pain of what is being inflicted on them and rise up to truly set things right, or will they quietly slink away to their hovels, while their masters provide all the modern day ‘bread and circus’ they can stand? These are interesting times.

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      • Steve Dennis's avatar
        January 30, 2014 6:34 am

        I think you are right. I don’t think many of them are clean, maybe to newer members who haven’t been corrupted yet. But they are working on them.

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  5. Petermc3's avatar
    Petermc3 permalink
    January 29, 2014 8:45 pm

    If Obama sent the U.S. Marshall’s into the House and led the R’s away in handcuffs you might hear deafening silence. The time fo either put up or shut up has long since past. And when Boner tells them to crap they will ask him how high and what color. At least Bachman has stopped the e- mails soliciting donations.

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  6. thegeorgiayankee's avatar
    January 30, 2014 1:24 am

    So I guess the sainted RWReagan never issued an executive order . . .

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