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November 18, 2014

Jonathan Turley Will Represent House of Representatives in Lawsuit Against Obama's Executive Lawbreaking

Zealous advocate.

As many on this blog are aware, I have previously testified, written, and litigated in opposition to the rise of executive power and the countervailing decline in congressional power in our tripartite system. I have also spent years encouraging Congress, under both Democratic and Republican presidents, to more actively defend its authority, including seeking judicial review in separation of powers conflicts. For that reason, it may come as little surprise this morning that I have agreed to represent the United States House of Representatives in its challenge of unilateral, unconstitutional actions taken by the Obama Administration with respect to implementation of the Affordable Care Act (ACA)....


As many on this blog know, I support national health care and voted for President Obama in his first presidential campaign. However, as I have often stressed before Congress, in the Madisonian system it is as important how you do something as what you do. And, the Executive is barred from usurping the Legislative Branch’s Article I powers, no matter how politically attractive or expedient it is to do so. Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system. This case represents a long-overdue effort by Congress to resolve fundamental Separation of Powers issues. In that sense, it has more to do with constitutional law than health care law. Without judicial review of unconstitutional actions by the Executive, the trend toward a dominant presidential model of government will continue in this country in direct conflict with the original design and guarantees of our Constitution. Our constitutional system as a whole (as well as our political system) would benefit greatly by courts reinforcing the lines of separation between the respective branches.

After I testified earlier on this lawsuit, I was asked by some House Members and reporters if I would represent the House and I stated that I could not. That position had nothing to do with the merits of such a lawsuit. At that time, in addition to my other litigation obligations, I had a national security case going to trial and another trial case in Utah. Recently, we prevailed in both of those cases. Subsequently, the House General Counsel’s Office contacted me about potentially representing House. With the two recent successes, I was able to take on the representation.

He just spoke about Obama's long train of abuses recently.

"It's a very sad moment but it's becoming a particularly dangerous moment if the president is going to go forward, particularly after this election to defy the will of Congress yet again. I can understand the frustration, these are two political parties that cannot get along but as you said, we have a Democratic process and a Congress that's coming in with the full voice of the American people behind them, that's what an election is, you may disagree with the outcome, but you have to respect the outcome," Turley continued. "What the President is suggesting is tearing at the very fabric of the constitution. We have a separation of powers that gives us balance and that doesn't protect the branches. It's not there to protect the executive branch or the legislative branch, it's there to protect liberty. It's there to keep any branch from assuming so much control that they become a threat to liberty."


"I always tell my friends on the Democratic side, we will rue the day when we helped create this uber presidency," he said. "What the Democrats are creating is something very very dangerous. They're creating a president who can go at it alone and to go at it alone is something that is a very danger that the framers sought to avoid in our constitution."


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posted by Ace at 12:08 PM

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