Prominent Legal Scholars Support Lawsuit Against "Uber-Presidency"

Where is the evidence to support the charge of obstruction of justice? What are the facts? Where is the proof? The answer is that the Republicans have nothing. Otherwise, why do they refuse to act? Why do they not do what's right? The answer is because they are wrong - and they know it.
 
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No, there is no evidence that President Obama committed an impeachable offence. If Speaker Boehner and the Republicans are so sure that he has, then why haven't they brought impeachment proceedings? Who in Congress will lead the charge to impeach the President? Who will step up to the rostra with the articles of impeachment? Any takers out there? Where are those bold "Tea Party Patriots"?

Failure to perform the duties of his office constitutes one portion of the legal definition of "high crimes and misdemeanors" ...

His failure to enforce laws is a failure to perform. He has a responsibility to do so, and does NOT have the authority to alter them. That is Congress' job ... he can, for a limited period, choose not to enforce a law, but is required to challenge the law in court, and then, abide by the ruling of the court (it's simple - thee branches - two out of three win --- if SCOTUS and Congress agree that a law is constitutional, he is REQUIRED to enforce that law. If, on the other hand, SCOTUS agrees with the President, the law is considered invalid, and Congress must either change it or forget it).

He does NOT have the authority to make laws - the purpose of the executive order is to give him a vehicle to dictate the manner in which the duly constituted laws are implement - they are intended to be is methodology directives. He does NOT have the authority to circumvent constitutional law via the executive order. They are NOT equal - the law is WHAT must be done; the executive order is HOW it must be done.

That's two - enough to get him impeached. If you wish, I can list about 9 more ... just ask.
 
Where is the evidence to support the charge of obstruction of justice? What are the facts? Where is the proof? The answer is that the Republicans have nothing. Otherwise, why do they refuse to act? Why do they not do what's right? The answer is because they are wrong - and they know it.

Obviously, you haven't been paying attention...

Why do they refuse to act? Simply, it's a political decision. I assume you're aware that the impeachment trial is conducted in the Senate only. I also assume you're aware that the Democrats have completely obliterated the rule of law in the Senate. There is ZERO chance of a successful impeachment under the present conditions.

However, if 1) Senate leadership drops dead, and they are replaced by honest Democrats (I know - mutually exclusive terms), or 2) the Republicans get control of the Senate in the mid-term election, you can bet your house that you will see a successful impeachment.
 
Is there one specific example of the failure of the President to perform executive responsibilities under the Constitution that would constitute an impeachable offense? One need be mindful that each of the separate and coequal branches of government exercise broad discretion in the performance of their governmental function. Consider that the federal courts have discretion not to hear Speaker Boehner's proposed lawsuit at all under federal abstention doctrine; and that the Senate can block hearings on Presidential appointments to the federal judiciary; and that the Executive Branch has discretion to decline to prosecute laws enacted by Congress. And as for the Executive Branch not being authorized to make the law, consider the many government agencies with delegated power by Congress to promulgate regulations that are enforceable as federal law (e.g., Internal Revenue Service).

You are right about one thing: this is a political issue. And, considering the governmental gridlock today, it's not going anywhere.
 
Mr. Texas _tea: If you think, even for one moment, that the federal courts will consent to be the whipping post for John Boehner to lash out at the President of the United States, then you, sir, are "delusional".
 
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Is there one specific example of the failure of the President to perform executive responsibilities under the Constitution that would constitute an impeachable offense? One need be mindful that each of the separate and coequal branches of government exercise broad discretion in the performance of their governmental function. Consider that the federal courts have discretion not to hear Speaker Boehner's proposed lawsuit at all under federal abstention doctrine; and that the Senate can block hearings on Presidential appointments to the federal judiciary; and that the Executive Branch has discretion to decline to prosecute laws enacted by Congress. And as for the Executive Branch not being authorized to make the law, consider the many government agencies with delegated power by Congress to promulgate regulations that are enforceable as federal law (e.g., Internal Revenue Service).

You are right about one thing: this is a political issue. And, considering the governmental gridlock today, it's not going anywhere.

There are several - many - examples of failure to exercise power, and several examples of abuse of power.

Let's take the most obvious - and well publicized - example: Obamacare

We can talk about the lying, blackmail, and extortion it took to get the bill passed ... but that seems to be the political norm these days. Instead, let's just discuss implementation.

The Executive Branch does NOT have the discretion to change the law ... only to delay its implementation while contesting it in a court of law. Changes and waivers to application of the law - most blatantly, to favor political groups (labor unions, in the case of ACA or the Black Panthers in the case of voter intimidation, for example) - are not within his authority. However, once the courts have ruled on its constitutionality, they are REQUIRED to enforce it - whether they like it or not. Clearly, Obama overstepped his authority on the ACA and immigration issues.

Your argument about regulatory applications is specious ... and, frankly, non-applicable to this discussion. They are allowed to use regulations to dictate HOW they are going to implement a law, but they do not have the authority to CHANGE the criteria established in the law. History shows that one of the favorite ways for Congress to control an out-of-control executive branch is to establish specific performance criteria within the law, thus giving them no latitude whatsoever.

As for your 'abstention doctrine' reference, I'm not sure you understand its intent. It is only applicable when a court feels that hearing the case would interfere with the jurisdiction of another court - not whether the case has legal standing, but merely an issue of jurisdiction.

It is not a coincidence that, over the past two weeks, the current regime has begun to put the issue of impeachment on the table themselves. They are trying to convince the Republican base to push for the impeachment immediately. They well recognize that impeachment is coming, and their only hope to survive is to get it done before Harry Reid and the Democrats lose control of the Senate. They are not willing to gamble on a free and open impeachment trial.
 
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