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Would a Boehner v. Obama Lawsuit Weaken or Strengthen the Constitution?

Obama & Boehner

The House Rules Committee yesterday approved a resolution authorizing Speaker John Boehner to sue President Obama for abuse of his executive power under the Constitution.

As The Hill reports, Massachusetts Congressman Jim McGovern sounded the panic alarm: "This has nothing to do with the law. This has everything to do with trying to manage some of the extremists in your party — some of the cuckoo clocks that are talking about impeachment [of Obama]."

Actually, from a constitutional perspective, the cuckoo clocks are running Washington. Theirs is the extremism of government unhinged from the Constitution. They are the ones violating the rule of law designed to control and limit government.

The resolution to sue, like it or not, is about the law, albeit the politics of it are as clear as day. But at its core, this would be a monumental constitutional moment with one of the creations of the Constitution suing another.

In the earliest days of America, the Constitution was called our “fundamental and paramount law.” Chief Justice John Marshall reiterated that description in a lawsuit of similar import between two branches of government, Marbury v. Madison.

Readers of ConservativeHQ know that we refer to the Constitution as “the law that governs government.” It not only is the law of the people establishing government with its three co-equal branches, but it is that fundamental and paramount law that governs what the President, Congress and the courts may or may not do.

Government under President Obama’s reign is America’s biggest lawbreaker, not only with regard to the Constitution, but even as to the very laws that his administration is charged with enforcing.

Thanks in large part to the energy of the Tea Party, constitutional conservative movement, however, few times in the history of our great republic have Americans seen such intellectually stimulating debate about the meaning, purpose and scope of the Constitution.

Americans are seeking not only to restore the Constitution, but to reclaim it from the lawbreaking usurpers in Washington.

Richard Viguerie’s book TAKEOVER is about a remedy found within the Constitution, and explained by James Madison in Federalist 44. It is to replace the usurpers with those who are truly faithful to the Constitution.

A strong judicial ruling against the lawbreaking President Obama would be another form of remedy under our constitutional structure.

Still, many wonder whether a lawsuit by Speaker Boehner against President Obama would strengthen or weaken the Constitution. Such a lawsuit could backfire in so many ways.

John Boehner has never remotely proven himself to be an adept constitutional strategist. For the most part, President Obama has had the upper hand in dealings with Boehner at the political level, and a bolder, craftier constitutional strategist could have already put reins on some of Obama’s more lawless maneuvers.

As to whether Speaker Boehner will have standing to sue, this legal memorandum prepared by John G. Malcolm, the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow and Director of the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, and Elizabeth H. Slattery, Legal Fellow in the Meese Center is must reading. They conclude:

If the House chooses to file a lawsuit against President Obama, it will face what may prove to be an insurmountable hurdle in establishing standing. To be sure, President Obama has expanded executive power at the expense of the separation of powers that the Founders so carefully devised in the Constitution, but while the merits of any lawsuit against President Obama for abusive unilateral actions may seem clear, the issue of congressional standing is anything but that.

Barack Obama’s presidential lawlessness is unmatched in American history. Establishment Republicans, however, have contributed to the evisceration of our fundamental and paramount law.

We are concerned about the cut of Speaker Boehner’s constitutional jib. If such a lawsuit were to be filed, I’d rather it be brought by a constitutional conservative Speaker, not an establishment Republican.

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Speaker of the House

The Speaker of the House is nothing more than a RINO who wants to be Obama's best buddy. You have to see that he needs to be removed along with a few others and all of the President's staff and Him as well. If you don't do your duty very very soon, it will be too late to undo all of this mess and send these illegals home. And get rid of Political Correctness. It has been nothing but a total mess. Why are you people so blind. This is all his design. He knows exactly what he is doing