rule of law

House Republicans plan to sue Barack Obama over illegal executive actions

The House of Representatives is getting pretty tired of President Barack Obama going around the Constitution to enact laws through executive and regulatory fiat as well as ignoring laws passed by Congress. Roll Call reports that Speaker John Boehner (R-OH) is preparing a lawsuit against the White House over executive overreach:

The lawsuit could set up a significant test of constitutional checks and balances, with the legislative branch suing the executive branch for ignoring its mandates, and the judiciary branch deciding the outcome.

Boehner told the House Republican Conference during a closed-door meeting Tuesday morning that he has been consulting with legal scholars and plans to unveil his next steps this week or next, according to sources in the room.
[…]
Boehner’s legal theory is based on work by Washington, D.C., attorney David Rivkin of Baker Hostetler LLP and Elizabeth Price Foley, a professor of law at Florida International University College of Law.

Rivkin said in an interview that in addition to proving institutional injury, the House would have to prove that as an institution, it has authorized the lawsuit. A vote by the Bipartisan Legal Advisory Group would do so.

The suit would also have to prove that no other private plaintiff has standing to challenge the particular suspension of executive action and that there are no other opportunities for meaningful political remedies by Congress, for instance by repeal of the underlying law.

The potential remedies the legislative branch has to deal with executive overreach are limited, and not all of them are politically viable.

The Ballad of Julian Assange

Julian Assange

Wikileaks founder Julian Assange has been holed in up in the Ecuadorian Embassy in London for about two months now. The British government is trying to have him arrested and have him extradited to Sweden to face rape allegations. Well, the Ecuadorian government has granted him political asylum, but the British government has made it very clear that they will not allow him safe passage to Ecuador and have surrounded the embassy with armed policemen. This is an issue where there is a lot of passion, especially among Assange’s defenders who see him as a crusader against the imperialism and the war crimes of the Western world and particularly the United States. In this passion, there have been been a lot of confusion about the facts involved in this case. I will do my best in this piece to shed some light on what this case is all about.

The One Petition You’ll Ever Need

TSA

If you know me personally, outside of the blogosphere, you know that I generally hold a dim view of online petitions. I generally don’t think they mean much, they mostly get ignored by whomever is being petitioned. However, the First Amendment provides for the people “to petition the government for a redress of grievances.” And, with the rise of sites such as Change.org and even the White House’s own petition center, petitions are slowly gaining some traction. People do pay attention, if only because they’re afraid of the PR fallout.

With that in mind, I’m here to show you the one online petition you should be caring about. It was started by the Cato Institute’s Director of Information Policy Studies Jim Haper, and it literally says: Require the Transportation Security Administration to Follow the Law!

Harper explains on Cato-At-Liberty:

A year ago this coming Sunday, the U.S. Court of Appeals for the D.C. Circuit ordered the Transportation Security Administration to do a notice-and-comment rulemaking on its use of Advanced Imaging Technology (aka “body-scanners” or “strip-search machines”) for primary screening at airports. (The alternative for those who refuse such treatment: a prison-style pat-down.) It was a very important ruling, for reasons I discussed in a post back then. The TSA was supposed to publish its policy in the Federal Register, take comments from the public, and issue a final rule that responds to public input.

So far, it hasn’t done any of those things.

The U.S. Constitution, Obama’s Door Mat

A few days after the 2008 elections, Valerie Jarrett, co-chair of President-Elect Obama’s transition team, was interviewed by Tom Brokaw on “Meet the Press”, where she stated: “ [Obama] is prepared to really take power and begin to rule day one.” At the time it was written off by most as simply a poor choice of words, but after the last three years in which Obama has compiled an inglorious record of contempt for the Constitution, Jarrett’s words now have proven prophetic. Obama has even surpassed FDR in the sheer brazenness of his contempt for our nation as a rule of law under the Constitution, and in attempts to make servants of the other co-equal branches of government.

Obama truly seems to see himself in the role of a king, with power to enforce his agenda by sheer will, ignoring law and precedent in crushing opposition to his executive branch tyranny. Two recent events have added to our despicable president’s legacy of corruption, disdain and contempt for the Constitution; his signing of the National Defense Appropriations Act, which funds military and defense operations, but that also contains a provision that should terrify every American that loves freedom; and Obama’s appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau, a new agency created by the Dodd-Frank financial reform law.

House bringing up the rear on Libya

Well after the 90 time limit for President Obama to bring US troops home since he didn’t have Congressional approval under the War Powers Act, the House is looking at either approving or ending the Libya mission.  Welcome to the party folks, but the truth is that President Obama should have already brought the troops home from this one.

From The Hill:

Whether either resolution will have the support to pass the House is unclear. While the House has come close to blocking funds for the mission in recent weeks, a measure authorizing the operation could draw support from Republicans whose concerns have focused on the lack of congressional input.

The House is also likely to consider separate proposals to restrict funding for the Libya campaign as part of a Defense appropriations bill this week.

[Emphasis mine]

The truth is that Congress really only has one option, and that’s to order the cessation of all military activities connected with Libyan operations, even in a support capacity.  I’m fine with stipulations that permit US personnel to intervene in search and rescue activities in international waters, things like that, but nothing more.  Failure to do so will set a dangerous precedent that future presidents may seize and use in violation of the law.

President Obama engaged in military operations without Congressional approval for over 60 days.  By law, he had an additional 30 days to bring troops home.  He didn’t.  House Republicans, if the choose to allow authorization at this point in time, will effectively say “Oh, it’s not a problem.  Laws don’t apply to the President, even when the explicitly say they do” and permit him to continue his activities.

Obama: Stupendous Man! and Lawgiver

My all time favorite comic strip is Calvin and Hobbes. It is about a young boy and his pet stuffed tiger, and the adventures they have jumping between real life and a world ruled by his imagination. He escapes the mundane tasks of life by escaping into his alternate reality, where he can be anything he wants to be, from a Tyrannosaurus Rex, to the Intrepid Spaceman Spiff, from Stupendous Man!, to the Supreme Ruler and Dictator for Life. Calvin always wins in the end because, it being his imagination, he controls the outcome. In a comic strip, this is great fun. In real life…not so much.

President Obama seems to have determined that he is the new Supreme Ruler and Dictator for Life. At least, this is a plausible conclusion based on his actions since taking office. Our first real glimpse at his unbridled narcissism came at a rally in June 2008. Having won the Democrat Party nomination for president, Obama proclaimed to the adoring throngs that “this was the moment when the rise of the oceans began to slow and our planet began to heal; this was the moment when we ended a war and secured our nation and restored our image as the last, best hope on earth.” Goodness, now all he has to do is cure cancer and raise the dead and he can call it a day!

The problem with Obama’s view of himself as a messianic leader is that he seems to feel not only that he is above the law, but that he is the Supreme Lawgiver. He sees himself as the voice in the burning bush, giving utterance to his subjects which has force of law by virtue of his having spoken it, and we are all commanded to obey.

A Response to Dick Cheney on Executing Suspected Terrorists Held at Guantanamo

I came across an article with a disturbing title, “Cheney: Execute Terrorists If Cuba Prison Must Close”, published by the conservative-leaning online publication Newsmax.

Politicians and Political Servants

Yesterday, Arlen Specter (?-PA) made big news by announcing that he will run as a Democrat in his bid for re-election to the Senate in 2010. I consider this to be pretty big news - we don’t see politicians switching parties that frequently. This is likely to give the Democrats a filibuster-proof majority in the Senate (assuming Al Franken is seated as Senator of Minnesota). I would not be terribly surprised to see Olympia Snowe (R-ME) and/or Susan Collins (R-ME) switch affiliations at some point either.

World Government and The Consent of the Governed

An interesting commentary entitled “And now for a world government” appears on Gideon Rachman’s blog on the web site of the Financial Times in London. He begins by saying:

“I have never believed that there is a secret United Nations plot to take over the U.S. I have never seen black helicopters hovering in the sky above Montana. But, for the first time in my life, I think the formation of some sort of world government is plausible.”

Solutions for the Republican Party

In last week’s article titled “Problems of the Republican Party”, I discussed some key policy mistakes the modern day Republican Party has made over the last quarter of a century. The problems are deep and quite fundamental, as I mentioned before, but with some significant reform and a bit of policial realignment it is possible for the Republican Party to regain the prestige it once had. For the voices within the party that stand for reason and liberty, this battle will be very slow and may never be won, but finding and implementing solutions to fix the myriad of problems the party faces is a worthy cause.


The views and opinions expressed by individual authors are not necessarily those of other authors, advertisers, developers or editors at United Liberty.