WestVirginiaRebel Posted July 16, 2014 Share Posted July 16, 2014 Fox News: A pair of respected legal scholars gave credence to House Republicans’ plan to sue President Obama for exceeding his authority in implementing the Affordable Care Act, warning that such action is needed to defend the system of checks and balances from an “uber presidency.” George Washington University law professor Jonathan Turley, speaking at a GOP-led House Rule Committee hearing, said the suit, which accuses Obama of materially altering his signature health care law without a congressional vote, is necessary to restore constitutional equilibrium among the branches of government. “Today’s hearing is a historic step to address the growing crisis in our constitutional system -- a shifting of the balance of power … in favor of a now dominant Executive Branch,” Turley said. “The Legislative Branch has lost the most, with the rise of a type of uber-presidency. Our system is changing in a dangerous and destabilizing way. … At some point this body has to take a stand.” Elizabeth Foley, a professor at Florida International University College of Law, echoed Turley's concern, and said the suit had an "excellent chance" of succeeding. But two other attorneys expressed doubts, with one saying it could lead to a flurry of lawsuits between co-equal branches. The draft resolution put forward last week by House Speaker John Boehner, R-Ohio, focuses specifically on the president changing the so-called ObamaCare employer mandate, which postponed some businesses’ legal responsibility to provide health insurance to full-time workers. “The Constitution states that the president must faithfully execute the laws, and spells out that only the Legislative Branch has the power to legislate,” said Boehne, in announcing his resolution “The current president believes he has the power to make his own laws – at times even boasting about it. He has said that if Congress won’t make the laws he wants, he’ll go ahead and make them himself, and in the case of the employer mandate in his health care law, that’s exactly what he did.” While the focus of the resolution and intended lawsuit focuses on the employer mandate, House Republicans and their legal witnesses expressed concern that Obama has abused his constitutional authority other times during his two-term presidency. “The president has instead selectively enforced the law in some instances, ignored the law in other instances and in a few cases changed the law altogether,” said Texas GOP Rep. Pete Sessions, the committee chairman. ________ Yes, Mr. President, the law still matters... Link to comment Share on other sites More sharing options...
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