I think this lawsuit is likely to fail. It will probably be dismissed by the SCOTUS if it ever gets there, but probably wont get past the first court in which it is introduced. I dont say that because I think Boehner might be wrong: fact is, I rather agree that this President has abused the notion and application of Executive Power - but I stipulate as well that every President since Washington has done so, and the Judicial Branch has managed to avoid weighing in on such controversies now for more than 200 years, as evidenced by the continuing confusion over the War Powers Resolution of 1973. Everyone in all 3 branches knows that Resolution is, and was at birth, unconstitutional at least in part, everyone knows that no President has ever conceded its validity or constitutionality, and no President has ever directly complied with its requirements. The serious attempt in 2009 by the National War Powers Commission to address and correct the deficiencies of the 1973 Resolution failed spectacularly to fix this or even more appropriately clarify something as simple yet as fundamentally important as the question of who, precisely, may make war, declare war, and who among the 3 branches may properly conclude such festivities. The War Powers Consultation Act of 2009 - which failed to pass Congress when introduced after more than a year of intense study by that Commission - illustrates all too well the schizoid nature of our vestment of authority to act on our behalf. (You can find it, as well as the 2014 introduction of a slightly modified version, here: millercenter.org/policy/commissions/warpowers ) Americans in the main want to be informed in advance of any significant military engagements and demand that Congress assert their Constitutional duty to check the Executive branch in its pursuit of same. This proposed Act never became law, although fully bipartisan in nature and development. It simply reveals the nebulous nature of political and armed conflicts prosecuted on our dime and at our behest, ostensibly in our national best interests. It remains unsettled, and our SCOTUS appears only too willing to wash their hands of any potential conflict in accepting its duty to confirm or deny the constitutionality of such a suit. Executive power, the assertion of Executive privilege, and the nature of the personalities locked in this political struggle are healthy only when resolution to the agreed-upon common good is achieved. Short of that, every President, including those we despise and those we revere, pushes these limits are far as he (or she, at some point in our history) may desire. So, is this mere political grandstanding on Boehners part? Perhaps. Certainly, Obama is doing what every President before him has done, which is to press the envelope to the point of plasticity or fracture. I do not fault Obama for that mindset, because frankly, thats what we expect of our President - to push the limits. Sadly, though, we expect the Congress to push back just as firmly, just as loudly, and with equal vigor. Read, and decide for yourselves, my friends: does this suit have merit, or is it just posturing for November? I suspect it is equal parts both righteous disagreement and positioning. I leave it to you to decide its appropriateness. I will add only that I find this to be a legitimate action by the Speaker and that I expect a loud and angry response from the White House. Not saying thats a bad thing - just expected. The more pressing question is: will the Courts man up? foxnews/politics/2014/06/25/boehner-plans-to-file-suit-against-obama-over-alleged-abuse-executive-power/
Posted on: Wed, 25 Jun 2014 18:57:43 +0000
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