This morning I will be testifying before the House Judiciary Committee at 10 am. (I hope to post other stories after I return from Congress this afternoon) The hearing is entitled “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws” and will explore the options for Congress in resisting the encroachment of executive power. I was critical of such encroachment under Professor George W. Bush and I believe that danger has grown under President Barack Obama. UPDATE: Here is the video link to the testimony.
Once again, it is often hard to divorce the policies objectives of this Administration from the means used to achieve those objectives. However, I believe we are witnessing a dangerous and destabilizing shift in our tripartite system of government. I hold this view despite my agreement with many of these policies.
Below is my testimony for the Committee:
Jonathan Turley
You know sometimes I agree with him….especially federal non enforcement of marijuana laws…. But how can we pick and choose….. As LD said… He’s just following president….. Now it can be said… If the President only had a brain….
I don’t understand this argument of a “do nothing congress.” I see it more as a “do nothing president.” Never was there a better example of an oxymoron than a President of the United States who is either unable or unwilling to negotiate and compromise. I’ve heard complains from Democrats, Republicans, allies, and recently governors complain that the president is aloof.
http://news.msn.com/in-depth/obama-reshapes-immigration-policy-through-executive-order They no longer deport military families.
Federal Executive Branch regulatory agencies restrict the enforcement of statutes through “policy.” One such agency, the U.S. Fish and Wildlife Service, has justified their anti-enforcement policies via a 1987 9th Circuit opinion: 829 F. 2nd 933 (9th Cir 1987).
Who is going to hold hearings on a do nothing but obstruct Congress? How is it Constitutional that they are allowed to go to the House and Senate and do nothing more than grind to a screeching halt the business of governing?
It was a long read.
One critical point Professor Turley made was that the “standing to litigate” a seperation of powers issue currently is a judge-made and ill advised area of federal case law.
http://beta.congress.gov/bill/113th-congress/house-resolution/442/cosponsorsThe measure has 114 hard right mainly southern co sponsors. Michelle Bachmann is on the list.
Premises, protocols and programs always push forward. As Reagan set the record and GWB continued the pathway, POTUS Obama is simply following precedents.
Doesn’t make it right and neither does seeking to arrest Executive Privilege without a fully vetted process.
I applaud and support your efforts in this cause especially so as you are demonstrating what few do–the ability to separate the means from the ends. You support much of the president’s policies but recognize the usurpation.
This increase in the executive branch at the expense of the legislative is clear.
However I also believe our system has been undercut by the judicial branch via the relativism and “insidious encroachment by men of zeal, well-meaning but without understanding” with the 14th amendment. By utilizing an interpretation that the words will not bear the Court has undermined federalism reducing the check of state governments. While accomplishing desired results the means have resulted in a end that has significantly increased the power of the federal government (executive especially).
Professor Turley–be consistent and fight that usurpation as well.
Professor Turley: In your testimony, you state, ” Absent individual injury of a member, such institutional challenges are the only option short of a constitutional amendment,” and “such authorization would reflect the view that Congress is the most aggrieved party and the best party to advance these arguments…. Indeed, there may not be any readily apparent private party available in some of these actions.” I believe the links in the email I sent you offer a Congress-designed plan of action to counter just such usurpations of branch power. The injured party, in the case I presented is our Constitution herself, empowered as a plaintiff by the authority granted a subset of the citizenry, Please read it. I wish you had already, (Incidentally, you’re very impressive. Unfortunately, I’ll have to miss the live version because of work.)
oops! asylum.
Chairman Goodlatte is complaining about “assylum abuse”………..
Why don’t these republicans pass immigration reform rather than holding hearings on the non enforcement of extremely punitive laws with regards to immigrants?
If the Republican leadership supported closing Guantanamo, ending torture and crimes against the U.S. Constitution – Obama would follow suit!
It’s not right but merely our current state of politics! Nobody upholds their oath of office to the U.S. Constitution including many judges and justices – the biggest villains over the past decade in my view – protecting citizens’ constitutional rights is the top duty of the Independent Judiciary!
I liked how you put in your testimony that you voted for Obama and agree with many of his policies. Last time it seemed like some were viewing you as another ideological Republican. We look forward to seeing if your testimony will help change things in Congress.
Veronica… there are many more issues; not all of them unique to the Executive Branch.. He should have vetoed NDAA 2012 (Section 1022), which effectively erases our right to due process (Writ of Habeas Corpus), not that Congress has any more authority than an ant to amend the Constitution… and if you read the article at http://www.capitolhilldaily.com/2014/02/obama-opa-reboot/ , you’ll see he supports the idea of politicizing the federal government, if you didn’t know it before. The list is pretty substantial.
Good Morning, Professor Turley. I know you don’t need it but GOOD LUCK. I’m looking forward to hearing your testimony. It should make for spirited, constructive discussion.
The issues of drones and the NSA policies need to be ironed out in the daylight and these issues are what I believe is your main concern in this meeting.
Apart from these policies the only thing that I see happening is Obama’s attempt to get something done for the economy in spite of this Congress’s refusal to pass ANY legislation, following their STATED determination to do NOTHING to help the country while he is President – MAKE him fail in other words !!!!
Congress is shameful at this point – they are elected in order to manage the economy etc, and they have just sat in their chairs and spouted nastiness and refused to even pass legislation that they themselves proposed previously !!
Congratulations Professor Turley. We look forward to watching when it becomes available.
Dr. Turley: I emailed you (@law.gwu.edu) and Ambassador Bolton an email on the 15th of this month. Subject was ATTN to you and the ambassador. As relevant as it is to your testimony today, I wish I had thought to remind you sooner. I’d appreciate your opinion and input. Thanks. “Dr. Matt”