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June 25, 2014

Boehner’s Suit Not Enough

Congress has better options.

House Speaker John Boehner (R-OH) announced Wednesday he plans to sue Barack Obama because “the president has not faithfully executed the laws.” Boehner said, “What we have seen clearly over the last five years is an effort to erode the power of the Legislative Branch.” He also noted, “On one matter after another during his presidency, President Obama has circumvented the Congress through executive action, creating his own laws and excusing himself from executing statutes he is sworn to enforce – at times even boasting about his willingness to do it, as if daring the America people to stop him.” While all of those things are painfully true, suing Obama is an empty half-measure. Rather than impeach lawless administration officials – as distinctly prescribed in our Constitution – Boehner sets a precedent of turning to unelected judges to settle these sorts of disputes. The judiciary has been hesitant to intercede in the legislative process and has no power to enforce its rulings, as it is not superior to the executive branch. Besides, Obama would just dismiss a contrary ruling, after it took years to reach one. Congress has real and better options if only the GOP had the spine to use them.

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