Backfire
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Excerpts from Why
the President's ObamaCare Maneuver May Backfire
Whatever the reason, the
president does not have the power to stop the implementation of a law.
If there is one bedrock
constitutional legal principle, it is that the
president must "faithfully execute" federal statutes. He cannot suspend
laws he dislikes on policy grounds or because he fears their political
consequences.
This
not only comports with what the founders intended and prescribed in our
founding documents and constitution, it makes sense to anyone who
attended school before, say, 1992. But, having said that the Journal
blithely states— |
Mr. Obama, however, has made a habit of exercising an unlawful
suspending power, refusing to enforce selected federal laws, including
various provisions of the immigration laws against young, undocumented
aliens; work requirements enacted as part of the 1996 federal welfare
reform law; and the testing accountability provisions of the No Child
Left Behind education law.
One
might expect the next lines to describe Obama's upcoming Impeachment
trial in the Senate; but no—so much for "bedrock principle" |
One key problem with suspension power—aside from the fact that it
destroys the balance of power between the two political branches—is
that, when skillfully exercised, it sidelines the judiciary. The
Constitution requires that a party commencing litigation must have what
is commonly called "standing," i.e., the party must have suffered or
will suffer a legal injury that a court can redress. A determined
president can head off litigation by effectively rewriting federal
statutes in ways that do not create individual injuries so no party has
standing.
So,
he can't ignore the constitution, but does; and now, instead of reading
about his impending removal, we get wailers in hair shirts. WTF?
What really caught my eye of course (if you
know me) is the " must have what is
commonly called "standing"
part. Like everything else in law these days, this rule is
subject to
a purely political interpretation.
The best current example being the,
oh, 965 lawsuits filed against Obama for not having standing to
become president— natural born citizenship!
Hell, there are good arguments made that he isn't even a naturalized citizen.
The federal courts, including the SCOTUS, have dismissed every suit on
the grounds the plaintiff lacked standing. Huh? Every
citizen of the
United States has standing to show direct harm caused by this illegally
seated poseur. A good many can cite mental anguish as well as monetary
damages.
As demonstrated then, this is what we're reduced to. A rule of
law
that is subject to politically convenient application. Even the
WSJ
finds it impossible to conduct a cogent examination of this man without
getting caught up in double speak. Am I wrong?
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