The GOP to Sue the President

By USDR

US Daily Review recently chatted with Matthew Reischer, Esq of Legaladvice.com. This is what the attorney and self described “political junkie” had to say on the subject of Boehner possible lawsuit against the President.

The considered lawsuit against the President stems from the belief that the White House has exceeded its authority under the US Constitution by implementing executive orders to push through initiatives without congressional approval. The lawsuit which has not been filed as of yet may also extend to the breach of the President’s duty, under the US Constitution, to also enforce laws of Congress with which he disagrees.

The central principle which the lawsuit seems to be attempting to remedy is the erosion of the ‘Separation of Powers’ doctrine which has been substantially undermined by the Obama White House. John Boehner the Republican House Speaker from Ohio is the leading force behind the considered lawsuit. However, the alliances most certainly extend to the Tea Party as the issue at hand is a key grass roots Tea Party complaint.

The reason for suing as opposed to laying out Articles Of Impeachment seem to be grounded in politics. Namely, the GOP likely doesn’t want to be perceived as personally attacking Obama. Impeachment in essence is a Federal charge rising to the level of ‘High Crimes and Misdemeanors’ whereas as a lawsuit is a simply a complaint among parties.

To my knowledge and understanding a sitting President has never been sued besides Obama. The likely result of the lawsuit is impossible to predict because the case could be deemed ‘A Political Question’ case for which judicial relief cannot be granted because there is no authority for review. Conservative George Will, however, has stated “Congress does have the power under the Constitution to define the jurisdiction of the federal courts. Within that power, Congress could just pass a law declaring that the House or some of the members of Congress has a right to sue the President over a legitimate inter-branch dispute.”

All opinions expressed on USDR are those of the author and not necessarily those of US Daily Review.

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