“Congress Does Nothing But Sue Obama”: Boehner’s Obama Lawsuit Is The Fault Of The Do-Nothing Congress
House Republicans are so angry that President Obama has been going around them to make policy that Speaker John Boehner says he will file a lawsuit against Obama to stop what the GOP sees as abuse of executive power. Said Boehner:
The Constitution makes it clear that a president’s job is to faithfully execute the laws. In my view, the president has not faithfully executed the laws. When there are conflicts like this between the legislative branch and the administrative branch, it’s … our responsibility to stand up for this institution.
Hello, pot? It’s the kettle calling. You’re black.
Boehner’s right in that the executive branch has been driving policy changes – even ones around the edges – and often using executive orders to do it. Obama is not the only president to do this, and it’s understandable that Congress would be irked at not being made a part of the process.
What rings hollow here is that Congress has aggressively chosen not to be part of the process. The 113th Congress is the least effective Congress in recent history, unable to get even basic budget and appropriations items, let alone a comprehensive immigration bill or entitlement reform. This Congress, and the House in particular, has made it a mission to oppose pretty much anything Obama wants to do (even, in some cases, where what Obama wants to do is not that dissimilar to what a lot of Republicans say they want). That’s their right, but it’s not rational for them to expect Obama to just sit by, throw up his hands and say, “oh, well – I guess I just won’t have any impact on the nation, even though I’m president.” (Though that would serve a Republican goal, too, giving them fodder to call Obama “weak” and “ineffective.”)
And it’s not as though the legislative branch hasn’t tried to flex its muscles and push around other branches of government . The House, in the past, has considered legislation that says, in the text, that the law cannot be subject to judicial review. Another bill would force another branch of government, the Supreme Court, to allow cameras in the room during oral arguments – something the high court doesn’t want and sees as a legislative branch encroachment on its day-to-day workings.
And is Obama really the only “kinglike” figure here? Mitt Romney, in the 2012 campaign, repeatedly pledged to undo Obamacare – a law written by Congress and passed by Congress – by executive order on his first day in office. Obama has been fiddling with enforcement and application of laws and regulations administered by the executive branch. Romney wanted to undo an entire law, just because it was approved by people who were duly elected by their constituents but with whom Romney does not agree. Rick Santorum, running in 2012, listed nine executive orders he planned to issue to undo laws of the land relating to abortion, stem cell research and gay marriage. He also pledged to call on Congress to abolish the Ninth Circuit Court of Appeals, a court whose rulings Santorum did not like.
Power abhors a vacuum. And if Congress categorically refuses to participate in the law-making process, it can’t expect other branches to follow suit. The Supreme Court has had a major role recently in public policy, especially issues such as gay marriage. It’s not because nine justices are sitting in a room, wringing their collective hands in a menacing way while laughing evilly. It’s because the legislative and executive branches have been unable to work together and recognize each other’s authority.
So some in Congress think Obama is taking too much power in the way he does his job. Maybe if Congress would do its job, there would be no problem.
By: Susan Milligan, U. S. News and World Report, June 26, 2014
“This President Should Be Able To Do Absolutely Nothing”: In Dramatic Pointless Gesture, Boehner To Sue Obama
Pretty much since the moment Barack Obama finished speaking the oath of office in January 2009, Republicans have been charging that he was abusing his power, exceeding his authority and acting like a tyrant. You might remember that for a time in those early days, conservatives (led by Glenn Beck) were obsessed with the idea that Obama had appointed a group of “czars” who were wielding unaccountable power to implement all sorts of nefarious schemes. They were unable to say how a “czar” differed from “a person who works in the White House,” and that particular iteration of their outrage faded, but the underlying suspicion only grew. In the years since, the list of alleged usurpations of authority has grown daily, the charge that Obama is “lawless” becoming a constant.
At its root is the idea that Barack Obama’s presidency is inherently illegitimate, and whatever he does in that office must be illegal, or nearly so. This often translates into complaints about process, so that even when they lose, Republicans charge that the game was rigged. For instance, conservatives have said thousands of times that the Affordable Care Act, despite being probably the most exhaustively debated piece of legislation in decades, was “rammed through” Congress before anybody realized what was happening. Actions that all presidents undertake, like making recess appointments, signing executive orders, or simply having agencies write regulations, become yet more evidence of Obama’s horrific authoritarian rule.
It’s safe to say that many if not most Republicans would be eager to impeach Obama were such a move not a guaranteed political disaster for them. So John Boehner has decided to pursue a kind of impeachment-lite, announcing that the House of Representatives will be suing the president for abusing his power. “The Constitution makes it clear that the president’s job is to faithfully execute the law,” he said. “In my view, the president has not faithfully executed the law.” It’s impossible to tell at this point whether the suit has any merit, because Boehner didn’t actually cite any specific transgressions the suit will allege.
But my guess is that the suit will throw in every process complaint the Republicans have had over the last five years, because it’s mostly about Boehner’s right flank, both in Congress and in the Republican electorate. Even if the suit gets thrown out of court, Boehner will still be able to say to the eternally angry members to his right, “Hey, I’m the guy who sued Obama! I hate him as much as you do!”
It’s irresistible to charge Republicans with hypocrisy, especially given the fact that they were unconcerned when the Bush administration pushed so vigorously at the limits of presidential power. Bush and his staff regularly ignored laws they preferred not to follow, often with the thinnest of justifications, whether it was claiming executive privilege to ignore congressional subpoenas or issuing 1,200 signing statements declaring the president’s intention to disregard certain parts of duly passed laws. (They pushed the limits of vice presidential power, too—Dick Cheney famously argued that since the vice president is also president of the Senate, he was a member of both the executive and legislative branches, yet actually a member of neither and thus not subject to either’s legal constraints. Seriously, he actually believed that.)
Needless to say, at the time Republicans were perfectly fine with these moves, because when the Bush administration was doing these things, it was in support of policies they favored. And that’s how it goes: Process complaints are almost always a cover for substantive disagreement. A backroom deal made to pass a piece of legislation you agree with is just how the sausage gets made; a deal made for a piece of legislation you disagree with is evidence of deep corruption. A filibuster of a bill you oppose is a principled use of established procedures; a filibuster of a bill you favor is cynical obstructionism. And it’s a little rich to hear congressional Republicans wail that Obama has subverted their will, when their will is that this president should be able to do absolutely nothing.
To be clear, I’m not saying that it’s impossible that there could be any merit to whatever claims Boehner and his colleagues will make. There may have been situations in which Obama pushed presidential prerogatives beyond what the law and the Constitution allow, which the courts will decide. But this question comes up with every president, both because they all want to pursue their goals and try to find every means at their disposal to do so, and because the limits of that power are somewhat vague and complex. As it happens, in numeric terms, Obama has been far more restrained than his predecessor; he has issued fewer executive orders than other recent presidents, and has also used signing statements only occasionally (although recently he cited one of his signing statements as justification for failing to notify Congress 30 days before the release of Taliban prisoners in exchange for Bowe Bergdahl).
The numbers aren’t really the point, though; the question is whether Obama actually ever exceeded his authority. This lawsuit may help us understand whether that occurred, and the result might set a useful precedent to guide future presidents. But I doubt it. More likely, it’ll be an intensely partisan document whose purpose is to shake a fist at the president Republicans so despise, and it’ll get tossed out of court and thrown in the dustbin where it belongs, one more futile, angry gesture from an opposition that has lost the ability to offer anything else.
By: Paul Waldman, Contributing Editor, The American Prospect, June 26, 2014
“Busy Obama, Lazy Congress”: The Shiftless Good-For-Nothings In The House Often Don’t Even Show Up For Their Jobs
Since his presidency began, and as of June 14, 2014, President Barack Obama will have made 36 international trips to 47 different countries, in addition to the Vatican and the West Bank. This, in addition to his frequent visits to domestic sites such as tornado and hurricane disaster areas, not to mention such institutions as the West Point Academy, Andrews Air Force Base, the Worcester Technical High School, and local bars and restaurants, makes him the busiest president in American history.
By contrast, the 111th Congress may be the laziest political body in American history. For the past six years, it has been composed of no-accounts who collect huge sums from the government (not to mention free handouts from large corporations and wealthy businessmen) without doing any work besides campaigning for their second term. This Congressional session will break records for the number of bills it has not passed, the presidential appointments it has not approved, the political advances it has tried to reverse. No wonder Obama is now governing largely by executive order. The shiftless good-for-nothings in the House often don’t even show up for their jobs, letting their empty seats collect dust, while tooling around in federally-financed limos blaring Church music through open windows.
As for the Senate, its main activity now is filibustering. Filibuster is a term derived from the Spanish “filibustero” (or privateer, pirate, robber) — in other words, a kind of black market verbosity that substitutes for persuasive speechifying. Americans did not work all their lives to see their hard-earned tax dollars lining the pockets of political rappers, or providing free tea to the Mad Hatters on the Hill. Like a lot of law-abiding taxpayers, I don’t think these welfare cheats should be supported any longer by honest, patriotic Americans. I realize this may sound like racism, but when you compare President Obama’s dedicated example with the parasitical weakness of the 111th mostly-white Congress, you begin to wonder whether Caucasians still have the energy to tote that barge or lift that bale.
By: Robert Brustein, The Blog, The Huffington Post, June 12, 2014
“A Feckless Coward”: Boehner’s Wimpiness Exposed, As Democrats Call His Bluff
I’ve been making the case that when it comes to immigration reform, John Boehner is a feckless coward who, caught between two bad political choices, is content to defer action indefinitely while engaging in empty excuse-making to save face. Thankfully, I don’t have to make that case anymore. John Boehner is making it for me.
For months now, Boehner has been arguing that the biggest obstacle to passing immigration reform in the House is that the Republicans just can’t trust President Obama to actually enforce the law when it comes to border security and deportations. This is a ridiculous standard on its face – the House GOP didn’t trust George W. Bush on enforcement, so it’s doubtful that any president could meet their maximalist expectations. And as my colleague Jim Newell points out, Boehner is essentially arguing against the passage of any legislation on any issue. If you can’t trust the president, why bother?
Faced with Boehner’s obvious bluffing on the trust issue, the Democrats called him out. Yesterday, Harry Reid offered Boehner a way around his crippling mistrust of the president: pass comprehensive reform legislation now, but tweak the bill so that it takes effect in 2017, after Obama has left office. “If Republicans don’t trust President Obama, let’s give them a chance to implement the bill under President Rand Paul or President Theodore Cruz,” Reid said.
Problem solved, right? Hah… no. Boehner’s office released the following statement shooting down the idea: “Such a scenario would eliminate any incentive for the administration to act on border security or enforce the law for the remainder of President Obama’s term.”
So Republicans can’t implement immigration reform now because Obama won’t enforce the law. But they also can’t wait to implement immigration reform because Obama needs incentives to enforce the law? Boehner has put himself in the position of arguing that he can’t act because Obama needs to be incentivized to do something he won’t do anyway.
Boehner is just making up reasons for why he can’t act on his own stated convictions and get immigration reform passed. It has nothing to do with President Obama and everything to do with Boehner not wanting to jeopardize his own grasp on power and his party’s chances to make gains in the midterms.
Brian Beutler points out that the threat of executive action to limit deportations further reduces the chances of reform passing, since it’ll agitate the hardline reform opponents in the House and make Boehner even more reluctant to act (if that’s even possible). Any move from the White House will be seized upon by Boehner and the Republicans as an out-of-control imperial president circumventing the will of Congress, and they’re far more eager to make that argument to voters heading into the midterms than to arrive at a coherent policy outcome.
That’s the reason Boehner is contorting himself into logical inconsistencies on immigration. Acting to pass legislation threatens to damage him politically. Inaction puts the spotlight on President Obama. And for all of Boehner’s talk about his commitment to immigration reform, he’s more invested in saving his own skin.
By: Simon Maloy, Salon, May 23, 2014
“A Very Risky Plan To Rile Up The Base”: Republicans’ New Midterm Strategy; Obama Is A Lawless President
Last year, the Republican political strategy for the midterms was clear: Obamacare, Obamacare, Obamacare. In December, Representative Paul Ryan even promoted his bipartisan budget deal with Senator Patty Murray as a way to keep the heat on the Affordable Care Act: “We also don’t want to have shutdown drama so we can focus on replacing Obamacare.” A functioning website and eight million enrollees later, the law is no longer guaranteed to work in Republicans’ favor. So the party’s shifting to a new strategy that carries even greater risks: that Barack Obama is a lawless president.
Republicans are in excellent position to pick up Senate seats in November. They have the structural advantages of a favorable Senate map, stronger historical turnout in midterm elections, and the sixth-year curse. Obamacare will remain a potent issue in red states, but with all the good news lately about the law, the opposition has lost its bite. Senate Republicans were largely complimentary of Sylvia Mathews Burwell at her confirmation to become the next Secretary of Health and Human Services. When House Republicans invited insurers before them last week, they were disappointed to find that their testimony refuted the House GOP’s “study” that a large percent of Obamacare enrollees were not making payments. Both of these events went largely unnoticed—something that never would have happened if the law was still struggling.
What did make news last week was the Special Select Committee on Benghazi convened by House Speaker John Boehner. The impetus for the committee is the release of the previously-withheld memo from Deputy National Security Adviser Ben Rhodes that laid out the talking points for then-U.N. Ambassador Susan Rice before her infamous Sunday show appearances in 2012. The memo demonstrated that while the Obama administration was certainly intent on spinning the incident in the best political light, Rice did not lie to the American people and there was no cover-up. Nonetheless, Boehner has put this at the top of the agenda for House Republicans, Obamacare be damned.
This represents a shift in the Republican Party’s political strategy from a focus on Obamacare’s failures to Obama’s “lawless” presidency. Republican politicians have accused Obama of breaking the law and ignoring the Constitution countless times, but until now, it was not their top political strategy. This tactical change makes sense. Obamacare is no longer struggling and Democrats are putting Republican congressional candidates in difficult positions over the Medicaid expansion. Criticism of Obama’s lawlessness will rile up the base and bolster turnout.
But this strategy carries considerable risk as well: Republicans could lose control of it. It’s only a short step from calling Obama lawless to calling for his impeachment. Some conservatives have already called for it, in fact. Those voices are rare, but Dave Weigel noted last week that more people on the right are starting to make those calls, led by National Review columnist Andrew McCarthy with his upcoming book, Faithless Execution: Building the Political Case for Obama’s Impeachment. As Republicans learned in the 1990s, impeachment trials are terrible politics. That should at least give GOP leaders pause as they plan their midterm strategy.
It’s a long time between now and November. If Republicans intend to campaign on Obama’s lawlessness, they shouldn’t be surprised to discover more of the base clamoring for impeachment. The Benghazi hearings will only exacerbate these calls. If President Obama takes executive action this summer to ease undocumented-immigrant deportations, as many expect, that will only lead to more calls. As 26 Senate Republicans wrote in a letter to Obama in April, “Our entire constitutional system is threatened when the Executive Branch suspends the law at its whim and our nation’s sovereignty is imperiled when the commander-in-chief refuses to defend the integrity of its borders. You swore an oath to preserve, protect and defend the Constitution of the United States. We therefore ask you to uphold that oath and carry out the duties required by the Constitution and entrusted to you by the American people.”
The letter doesn’t specify what the authors would do if Obama fails to uphold the constitution as they deem acceptable, but the broad implications of their words are clear: Republicans will not sit idly by if Obama takes executive action on deportations. They plan to make it a national issue. That’s a risky strategy, but it’s not like Republicans have many options. For far too long, they assumed that Obamacare was guaranteed to win them votes. That’s no longer the case, and their failure to develop a Plan B is on full display.
By: Danny Vinik, The New Republic, May 12, 2014
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