George Washington law professor Jonathan Turley, who self-identifies as a liberal and has supported President Barack Obama on numerous issues, argued that that the president’s attempts to expand the power of the executive branch will “cause serious problems,” and will “start to lose Democrats.” …(read more) Breitbart.com
“The framers believed that members of each branch of government would transcend individual political ambitions to vigorously defend the power of their institutions.”
After announcing that he intended to act unilaterally in the face of congressional opposition, Obama ordered the non-enforcement of various laws — including numerous changes to the Affordable Care Act — moved hundreds of millions of dollars away from the purposes for which Congress approved the spending and claimed sweeping authority to act without judicial or legislative controls.
A growing crisis in our constitutional system threatens to fundamentally alter the balance of powers — and accountability — within our government. This crisis did not begin with Obama, but it has reached a constitutional tipping point during his presidency. Indeed, it is enough to bring the two of us — a liberal academic and a conservative U.S. senator — together in shared concern over the future of our 225-year-old constitutional system of selfgovernance.
We believe that people of good faith can likewise transcend politics and forge a bipartisan coalition to examine these changes. In our view, the gridlock in Washington is not simply the result of toxic divisions. The dysfunctional politics we are experiencing may in part be the result of a deeper corrosion — a dangerous instability that is growing within our Madisonian system. Read the rest of this entry »
[VIDEO] Suspending the Law: Constitutional Scholar Jonathan Turley on Obama Administration’s Selective EnforcementPosted: June 2, 2014
The president has a constitutional duty to “take Care that the Laws be faithfully executed.” Previous administrations have been criticized for overreaching — that is, going beyond what the law expressly authorizes. But the Obama administration has pioneered a new way to shirk this duty: suspension of the law. In numerous areas — including Obamacare implementation, immigration law, education funding, and environmental regulation — the administration has carried out its policy objectives not by exceeding the law’s limits but by picking and choosing which provisions to enforce.
Featuring Andrew M. Grossman, Adjunct Scholar, Cato Institute; Nicholas Quinn Rosenkranz, Professor of Law, Georgetown University Law Center; and Jonathan Turley, Professor of Law, George Washington University Law School; moderated by Ilya Shapiro, Senior Fellow in Constitutional Studies, Cato Institute.
In some cases it has relaxed legal requirements as an inducement for states to carry out its preferred policies, without any legal basis. In other cases, like immigration, it has established entirely new programs never authorized by Congress. And in every instance this approach has allowed the administration to avoid legal challenge by ensuring that no party suffers an injury sufficient to confer the legal “standing” necessary to bring suit. At least that’s been the working assumption — but it may not hold true in every instance.
[VIDEO] Jonathan Turley: The Left’s Indifference to Obama’s Executive Power Grabs is ‘Beginning to Border on a Cult of Personality’Posted: February 13, 2014
“Look out for the phrase “borders on authoritarianism.”
There’s nothing here that you haven’t heard before if you watched him testify before Congress in December but it’s still worth watching for two reasons. One is his tone, which has grown darker and more apocalyptic since then…
…More than once here he warns that Obama’s “enablers” are destined to rue the fact that they remained silent “during this period.” Precedents are being set that will be built on by future presidents of both parties; for all the complaining about executive overreach by Democrats circa 2006 and Republicans today, the cold realities of power are what they are.
I’m tempted to say that it was O’s latest unlawful delay to ObamaCare’s employer mandate that soured Turley’s mood, but I don’t think that’s it. I think it was the State of the Union, where Obama embraced bypassing Congress as formal policy. Look out for the phrase “borders on authoritarianism.”
The other reason to watch is his debunking near the end of the “power of the purse” strategy to check Obama. Mike Lee told the Weekly Standard two days ago that that’s the way he thinks Congress should rein in the president: They’re not going to roll the political dice on impeachment and they can’t sue for lack of standing, but they can go ahead and cut off Obama’s money in areas where he’s exceeded his constitutional boundaries — in theory.