Senator Jeff Sessions took to the Senate floor today to lambaste the president, saying the Regime’s lawless conduct demeans the respect the nation should have in the world. He blamed the crisis on the border squarely on Obama’s shoulders, saying that the crisis is a direct of his lax immigration policies.
“The President executes the laws. It’s his duty to see that the laws are faithfully executed. And they’re not being faithfully executed. In fact, they’re being eviscerated by policy after policy after policy. One of the top immigration officials declared that if somebody gets into America and past the border, they’re virtually unlikely to ever be deported, adult or child. This is the direct result of the President’s policies…
It demeans the respect this nation should have in the world, [and] it undermines one of the most remarkable, valuable characteristics of America, and that is our commitment to the rule of law. It’s a direct affront to the rule of law. It directly undermines the sovereignty of our nation: if you don’t control our border, you don’t control your sovereignty. And it’s just wrong.”
John Boehner: Why we must now sue the President:
Every member of Congress swore an oath to preserve, protect and defend the Constitution of the United States. So did President Barack Obama.
But too often over the past five years, the President has circumvented the American people and their elected representatives through executive action, changing and creating his own laws, and excusing himself from enforcing statutes he is sworn to uphold — at times even boasting about his willingness to do it, as if daring the American people to stop him.
That’s why, later this month, we will bring legislation to the House floor that would authorize the House of Representatives to file suit in an effort to compel President Obama to follow his oath of office and faithfully execute the laws of our country.
What’s disappointing is the President’s flippant dismissal of the Constitution we are both sworn to defend. It is utterly beneath the dignity of the office. I know the President is frustrated. I’m frustrated. The American people are frustrated, too.
After years of slow economic growth and high unemployment under President Obama, they are still asking, ‘where are the jobs?’ The House has passed more than 40 jobs bills that would help. But Washington Democrats, led by the President, just ignore them.
Even worse, the President’s habit of ignoring the law as written hurts our economy and jobs even more. Washington taxes and regulations always make it harder for private sector employers to meet payrolls, invest in new initiatives and create jobs — but how can those employers plan, invest and grow when the laws are changing on the President’s whim at any moment?
I don’t take the House legal action against the President lightly. We’ve passed legislation to address this problem (twice), but Senate Democrats, characteristically, have ignored it.
Andrew McCarthy NRO: Boehner Is Bringing a Whistle to a Gunfight
As I’ve catalogued 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 pieties; and so on. When a storeowner 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.”
Andrew McCarthy NRO: Boehner Issues Memo Explaining His Feckless Plan to Sue Obama
Speaker Boehner correctly points out that all Americans, regardless of partisan or ideological inclination, have an interest in stopping executive lawlessness because the imperial precedents President Obama is setting will be available for exploitation by every future president. Yet, Boehner is heedless of the precedent he proposes to set: Instead of Obama’s executive monarchy, we’d now be subjects of a judicial oligarchy—all future presidents, no matter how lawful their actions, would be subject to vexatious congressional lawsuits and court directives from the judiciary Obama has been stocking with hundreds of like-minded Leftists for the last six years. Putting aside the fact that this would put politically unaccountable judges in charge of all policy matters in our body politic, does anyone suppose that Democrats just might use Boehner’s lawsuit gambit as the basis for harassing a future Republican president that they lacked the votes to impeach or slash funding from?
The end of the Boehner memo is priceless. It contends:
Under our system of government, the Judicial Branch has the power to resolve disputes between the Executive and Legislative Branches. When there is a failure on the part of the president to faithfully execute the law, the House has the authority to challenge this failure in the Judicial Branch by filing suit in Federal Court in situations in which:
- There is no one else who can challenge the president’s failure, and harm is being done to the general welfare and trust in faithful execution of our laws;
- There is no legislative remedy; and
- There is explicit House authorization for the lawsuit, through a vote authorizing the litigation against the president’s failure.
Everything asserted here is either untrue or abject nonsense:
If no one is in a position to “challenge the president’s failure” to follow the law, that is because no one has suffered a concrete personal injury that would provide the standing necessary for a court case — judges are not there to resolve power disputes between the political branches.
There is an institution that “can challenge the president’s failure” to execute the laws faithfully: It is the Congress.
And there is a legislative remedy: Congress has the power to defundexecutive-branch activities and impeach lawless executive-branch officials, including the president himself.
Either of those responses would stop the president’s lawlessness in its tracks. And sure, the leader of the opposition party controlling the House may well be able to pass an “explicit House authorization for the lawsuit” Boehner anticipates filing. After all, how hard is it to get a bunch of congressional Republicans to agree that punting to the courts is easier than rolling up their sleeves and doing their jobs?