Being the political dumb *** that I am, I thought the Boehner law suit against the FBP was a good idea, apparently not! In this article McCarthy explains why it's a dumb idea...........or just more smoke and mirrors ?
http://www.nationalreview.com/article/381453/boehner-bringing-whistle-gunfight-andrew-c-mccarthy
House Speaker Boehner’s proposed lawsuit against our rampantly lawless president. Boehner and the Congress hold the tools that could end, or at least dramatically reduce, the administration’s onslaught. Instead, the speaker prefers to bring a whistle to a gunfight. Paralyzed by fear of catcalls from Obama’s slavish media, Boehner eschews the use of his own armaments in favor of turning to the courts — apparently, in hope that a judge will pronounce with stentorian flourish that which is already abundantly obvious to all with eyes to see: The president of the United States is in gross violation of his solemn oath to execute the laws faithfully, usurping congressional power in a systematic assault on the separation of powers that safeguards our liberties.
As I’ve cataloged in Faithless Execution, there is nothing ambiguous about the vast run of President Obama’s lawlessness. We’re not talking about a backdoor curve on the black; these are arrant violations. Indeed, the administration does not deny its illegalities, it rationalizes them — contorting the “prosecutorial discretion” doctrine into a license to ignore and rewrite statutes; employing an attorney general who exhorts state attorneys general to flout laws that contradict Obama pities; and so on. When a store owner finds his shelves empty, he and everyone else know he’s been robbed; he doesn’t need a lawyer in a black robe to say, “It is hereby decreed that robbery has occurred.”
The problem we have at the moment is not a lack of certainty about what the law is; the problem is the executive’s refusal to execute the law faithfully. The federal courts are impotent to address that — as several judges who have ruled against the Obama administration over the last six years have learned. Courts have no capacity to enforce their judgments. Law enforcement is a plenary executive power, and thus any court judgment against Obama would have to be enforced by . . . Obama. That is not going to happen.
A judge’s ruling that the president is violating the law would have exactly the same practical effect as Speaker Boehner’s whining that the president is violating the law: none.
The House can refuse to provide funding streams to, for example, Homeland Security agencies that do not enforce the immigration laws; Justice Department lawsuits that extort sovereign states into adopting Obama pities; an IRS that shreds the First Amendment (then shreds the evidence that it did so); or an EPA that purports to destroy the coal industry under the guise of “interpreting” (i.e., rewriting) the Clean Air Act. It is nice to hear that Speaker Boehner — finally — says he’s ready to do something about Obama’s lawlessness; but it is hard not to notice that he’s been content to pay for it for years.
The goal should be to create a political climate in which executive lawlessness is deeply discouraged; that could be accomplished if some defunding were accompanied by the impeachment of obnoxious subordinate officials who execute the administration’s lawless policies.
It cannot be accomplished by a lawsuit that simply reinforces the president’s assessment that his opposition is unserious.
http://www.nationalreview.com/article/381453/boehner-bringing-whistle-gunfight-andrew-c-mccarthy
House Speaker Boehner’s proposed lawsuit against our rampantly lawless president. Boehner and the Congress hold the tools that could end, or at least dramatically reduce, the administration’s onslaught. Instead, the speaker prefers to bring a whistle to a gunfight. Paralyzed by fear of catcalls from Obama’s slavish media, Boehner eschews the use of his own armaments in favor of turning to the courts — apparently, in hope that a judge will pronounce with stentorian flourish that which is already abundantly obvious to all with eyes to see: The president of the United States is in gross violation of his solemn oath to execute the laws faithfully, usurping congressional power in a systematic assault on the separation of powers that safeguards our liberties.
As I’ve cataloged in Faithless Execution, there is nothing ambiguous about the vast run of President Obama’s lawlessness. We’re not talking about a backdoor curve on the black; these are arrant violations. Indeed, the administration does not deny its illegalities, it rationalizes them — contorting the “prosecutorial discretion” doctrine into a license to ignore and rewrite statutes; employing an attorney general who exhorts state attorneys general to flout laws that contradict Obama pities; and so on. When a store owner finds his shelves empty, he and everyone else know he’s been robbed; he doesn’t need a lawyer in a black robe to say, “It is hereby decreed that robbery has occurred.”
The problem we have at the moment is not a lack of certainty about what the law is; the problem is the executive’s refusal to execute the law faithfully. The federal courts are impotent to address that — as several judges who have ruled against the Obama administration over the last six years have learned. Courts have no capacity to enforce their judgments. Law enforcement is a plenary executive power, and thus any court judgment against Obama would have to be enforced by . . . Obama. That is not going to happen.
A judge’s ruling that the president is violating the law would have exactly the same practical effect as Speaker Boehner’s whining that the president is violating the law: none.
The House can refuse to provide funding streams to, for example, Homeland Security agencies that do not enforce the immigration laws; Justice Department lawsuits that extort sovereign states into adopting Obama pities; an IRS that shreds the First Amendment (then shreds the evidence that it did so); or an EPA that purports to destroy the coal industry under the guise of “interpreting” (i.e., rewriting) the Clean Air Act. It is nice to hear that Speaker Boehner — finally — says he’s ready to do something about Obama’s lawlessness; but it is hard not to notice that he’s been content to pay for it for years.
The goal should be to create a political climate in which executive lawlessness is deeply discouraged; that could be accomplished if some defunding were accompanied by the impeachment of obnoxious subordinate officials who execute the administration’s lawless policies.
It cannot be accomplished by a lawsuit that simply reinforces the president’s assessment that his opposition is unserious.
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