Wednesday, December 4, 2013

Trey Gowdy to liberal law prof: If Obama can ignore parts of ObamaCare, could he ignore election laws too?



Simple question from Gowdy to the legal panel: How far can Obama go? - Allahpundit/HotAir

Now that he’s claimed the royal prerogative to not enforce immigration law against young illegals, not enforce O-Care’s employer mandate against businesses, and not enforce the new rules about “essential benefits” against insurers who un-cancel old plans, what else can he choose not to enforce? If Congress imposes a mandatory minimum sentence for certain offenses, presumably Obama could refuse to enforce that by granting blanket commutations for thousands of people convicted of those offenses. Presumably he could also refuse to enforce election laws. Why not? What’s the limiting principle?

Gowdy: If Obama Chooses Not to Enforce Immigration Laws, Can He Suspend Election Laws Too? - CNS News

...“Why not? If he can suspend mandatory minimum and immigration laws, why not election laws?” Gowdy asked.

“Because we live in a government of laws, and the president is bound to obey them and apply them,” Lazarus answered.

“Well he’s not applying the ACA, and he’s not applying immigration laws, and he’s not applying marijuana laws, and he’s not applying mandatory minimums. What’s the difference with election laws?” Gowdy asked.

Liberal law prof: Obama’s unconstitutional power grabs are creating a “very dangerous and unstable system” - Allahpundit/HotAir

Turley makes two valuable points here. One: Courts tend to give the executive a wide berth in separation-of-powers challenges on the theory that Congress has the power of the purse and can defund any executive agency it likes. But that’s not true anymore, he says. Obama, by defying appropriations, has claimed some of that power for himself. What check does Congress have left? That brings us to point two: Even if Congress can’t stop Obama, the courts can. The problem there, though, says Turley, is that O and the DOJ have argued successfully in many cases that no one has standing to sue him because no one can show an injury from his power grabs that’s concrete enough to justify a federal lawsuit. So the courts can’t check him either.

The only check is to beat him at the polls, and since he’s now term-limited, there’s no real check there apart from his party’s fear that they’ll be punished for his excesses instead. Show of hands: Who thinks Harry Reid and Nancy Pelosi will keep Obama in line?