Today, we filed our complaint United States House of Representatives v. Burwell (Case 1:14-cv-01967), in the United States District Court for the District of Columbia. The House’s complaint contains eight counts concerning constitutional and statutory violations of law related to the Patient Protection and Affordable Care Act (ACA). There are a myriad of unilateral amendments to this Act, ordered by President Obama’s Administration, which could be the subject of a challenge, and there are a number of changes that are already being litigated, including King v. Burwell, which has been accepted by the Supreme Court for review. The House’s complaint, however, focuses on the Administration’s usurpation not only of the House’s Article I legislative authority, but also of the defining “power of purse.” Both of these powers were placed exclusively in Article I by the Framers of our Constitution. These constitutional and statutory claims are highly illustrative of the current conflict between the branches over the basic principles of the separation of powers. The House’s complaint seeks to reaffirm the clear constitutional lines of separation between the branches – a doctrine that is the very foundation of our constitutional system of government. To put it simply, the complaint focuses on the means rather than ends. The complaint is posted below.
This is not a new question. Indeed, in some respects, it is the original question. The Framers were well aware that governmental actors would seek to aggrandize power within the system the Framers had created. In Federalist 51, James Madison warned that “[i]n framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Accordingly, the Framers put into place what Madison called “the necessity of auxiliary precautions” to maintain the balance of powers within the system. Such precautions are of little value absent judicial review to maintain the lines of separation; to arrest what Madison called the “encroaching nature” of power.
Once again, as lead counsel, I have to remain circumspect in any public statements on the filing in deference to the Court and the legal process.
Jonathan Turley
Lead Counsel
Here is the Complaint: House v. Burwell (D.D.C.) – Complaint (FILED)
SWM,
And for some unknown reason you found her comment significant enough to give it further life. If that were a legitimate reason to quit reading a blog then not many folks would remain.
Liberals like to dominate. When they don’t or can’t, they flee. You’ll be back. I see glimpses of honesty in you, SWM. No philosophy has the market cornered on truth.
Uh, ahem, uh, pardon. . .but . . .Obama appears to have left some brown stuff on the noses of some of the Lefties here. Uh, could you guys maybe wipe it off, because it is kind of hard not to stare at it. . .
Squeeky Fromm
Girl Reporter Classy.. ….cultists and brown stuff……. Time for me to quit reading this blog…. It has become a bad old habit.
xyz, I just watched that compelling interview of Attkisson on C-Span. THANKS. I have her book on my kindle. It’s on deck. I’m currently reading Jim Gaffigan’s book on food, which is hilarious. I like to do the ying/yang thing when reading. Her book will be the perfect yang to Gaffigan’s ying.
I hope some of the cultists watch this hour long interview. My quixotic nature still hopes that they will have an epiphany that their cult leader is not who they think he is. I know, I know!!
zedalis:
And as I said, another more direct remedy available to Congress is impeachment.
The court may just say that outright as to both standing and the relief requested — You want to rein in his actions based upon violations of his office? You already have the power, and Constitutionally provided avenue, of impeachment, and that is the alternate, less remarkable remedy to achieve the relief sought in the lawsuit.
Congress has to establish that it cannot stop or remedy executive actions through legislation. Additionally, Congress must show it has made a previous attempt to address the executive action (see Goldwater v. Carter and Kucinich v. Obama). Evidence must be presented that any failures are not simply a result of an inability to overcome political opposition to potentially effective remedies.
Congress has made no attempt to legislatively reverse Obama’s deadline changes, Boehner never had the guts to legislate adherence to the original schedule.
Swing and a miss… but a good way to get your name in the papers.
http://www.c-span.org/video/?322747-1/words-sharyl-attkisson
When you’ve lost SNL…
Well, today me and my mother had time to go out and buy new guns in case the Ferguson riots spread this far. Which I doubt. But if it does, we are ready for the thugs. I got some really kewl bullets for my new gun. But whew are they expensive. But I now have my very own 357 gun!
Squeeky Fromm
Girl Reporter
Inga,
I, too, had errands and some family obligations. Saturdays are for catching up on all things left unfinished throughout the week! 🙂
““The relevant text requires that the President “take care that the laws be faithfully executed.” … As McConnell himself notes, both Republican and Democratic Justice Departments have consistently opined that the clause authorizes a president even to decline enforcement of a statute altogether, if in good faith he determines it to be in violation of the Constitution.”
I disagree with McConnell and those Justice Departments. It sounds to me like such handling of the law will become one of whim eventually, manipulated for political ends.
Also, the phrase “to faithfully execute” indicates that something must be fully implemented or finished, carried out, accomplished. None of those words mean something should only be partway done or left undone. If a law is in violation of the Constitution, then it should have been vetoed, overturned by the Supreme Court, or repealed by the Legislative Branch–not just ignored or changed to fit the desires of the president.
Baby is fussing and it’s time for bed. Til later… 🙂
If the RepubliCons repeal Obamacare then I want to demand that they repeal free medical care for members of both chambers of Congress and all of the federal judges. Turnabout is fair play. Let Boner smoke his three packs a day and get cancer and pay for his battle with cancer himself and not on my dime. Nothing is free when the money comes out of my taxes. End the VA Hospitals as they know it. End Medicare for the old. End Medicaid for the homeless. The RepubliCons got elected on these promises and now by Dog let us hold them to it.
lol, h-e-l-l. Didn’t want to put a bad on there and get kicked off the blog.
What is H3ll? I know what H two O is. But is H2II mean H two three? Or is that an LL? Or is it House Bill 311? Or Holy Three Two Eyes?
@Barkindog . . . lets not forget the Democrats completely shut out the Republicans in all aspects of the ACA/Obamacare law. In this case, all Republican toes were missing in both house & senate. Pay backs are a beetch. People are very angry about this ACA and how the whole thing was passed.
The attitude I get in America after the last election is. . .
America is coming and H3ll’s coming with them!
You hear! H3ll’s coming with them ~ 01-01-15!
😉
http://image.toutlecine.com/photos/t/o/m/tombstone-1993-11-g.jpg
You know, over the past few months, I have heard commenters declare that free education is a right (about $9,000/year/student), free healthcare is a right, the government should pay for health care (I’m already paying $900/mth for a family of 3 and $6,0000/person deductible), free birth control is a right, regardless of socioeconomic status.
So . . . how many hundreds of thousands of dollars did we just suddenly start spending per person in the US?
And, we will pay for this how?
Saul Alinsky did preach how to overburden a capitalist economy until it imploded, replaced by a socialist economy. And we all know how those turn out. Stale government bread won’t taste very good.
I’m all for a humane solution for health care for the poor, including free prophylactics. But when someone starts throwing free stuff out of a campaign van, declaring it’s free for everyone, and it won’t cost a dime, be smart enough not to believe him. Or her.
@Jetttexas,
That is really bad. I even sometimes think that it is not safe to express our criticism of this administration on this blog.
Pick one. Sorry
@ Zedalis
Write them in English so we can pick.
The debate in the courts will come quickly to the issue of standing to sue. The Congress is one branch. It is made up of two legs: House and Senate. Both the House and Senate consist of elected members who come from two opposite parties. The House passed a resolution to file this lawsuit. Only Republicans voted for it. The Senate did not pass a resolution. So the Complaint filed in federal court stands on one leg (House) in which half the toes are missing. A guy like Bernie Sanders might move to intervene as a member of the Senate and oppose the remedy sought and the theory promulgated in the Complaint. The Executive Branch defendants can raise this issue and should.
Now, since I first raised this issue many comments back there has been a lot of ranting on the comments. In a prior life as a human I lived near Saint John and James Elementary School in Ferguson, MO. The kids from that school sang a song which is appropriate to the rants here:
(music to Glory Glory Halluluhya)
Glory Glory Halaluya!
Sister hit me with a ruler!
I beaned her in the bean…
With a rotten tangerine!
And school kept marching On!
–
Now I don’t know how to spull hallaluya and don’t know nuthin bout birthin babies and I hate to inject nuns into the discussion here. But Jeso the quibbling is not getting us to a good discussion of the topic.
Oh, and 8th Day Dog Adventists are against socialized medical care and that includes Supreme Court justices who get free medical care for life and Congressmen and women. Eat right and cut more artFays and you will stay healthier.
@Observer ~ yes and read this one too. I purchased her book and it gave me chills down my spine. Watergate was nothing compared to this. But we have media who help Obama subvert justice. That’s why I said this government scares me.
I donated $500 to a national Republican candidate in 2008. I was audited in 2010 & 2011. I’ve never been audited in my life, have a CPA who does the taxes. They said I owed them $3,200 dollars. I sent it, to an office in Cincinnati and then 6 months later got a check back from the government with the same amount. Go figure!
A lot others in my town in were being audited too and they also gave to republican campaigns. I think this IRS harassment goes beyond just Conservative groups. I think they got the names of all whom donated to Republican candidates and targeted them.
http://dailysignal.com/2014/11/21/white-house-justice-sought-stop-attkissons-reporting-fast-furious-scandal-documents-reveal/?utm_source=twitter&utm_medium=social
Sandi, dont need to ask, just look at what maher had to say about lying or breaking the constitution:
https://www.youtube.com/watch?v=mDeqhSh1nlQ
these people are so clueless about what they are doing to THEMSELVES when they defend the similar actions from this president.