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Home Front: Culture Wars
Turley to be Lead Counsel for House Lawsuit Against Champ
2014-11-19
The meat of it:
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.
Americans have no tradition of being ruled, regardless of what B.O and his thugs think. There's a difference between being ruled and governed. It seems to be too subtle and elusive for B.O. to grasp -- either that, or he's never given it a thought.
I shouldn't think it occurred to him that it's a question, though the little people will go on about such things. Perhaps Mr. Turley, esq. will socratically educate him.
More from Legal Insurrection (thanks to Slomose Jomosing6721 for the link)
Posted by:Beavis

#4  I've watched Turley since the Clinton impeachment, and he is a Dem partisan by sentiment. He is also a stronger Constitutional Scholar (unlike that fooking adjunct professor as POTUS) and seems to be really able to do the right thing for the Constitution and America to restore the balance of powers. I actually trust him
Posted by: Frank G   2014-11-19 21:45  

#3  the original design and guarantees of our Constitution went down the tubes after Fort Sumter was fired on, and we are still sorting that out. Violated treaties (e.g. the Black Hills), various executive orders such as the seizure of privately held gold, negation of contracts containing gold clauses, the unjust robbery and imprisonment of US citizens in internment camps come to mind, all "validated" by the USSC by the way.
Posted by: Anguper Hupomosing9418    2014-11-19 14:05  

#2  From the link:

As many on this blog know, I support national health care and voted for President Obama in his first presidential campaign. ... 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.

And, as Mr. Turley, esq. is also a professor of ConLaw, the temptation was irresistible, regardless of his personal politics.
Posted by: trailing wife   2014-11-19 12:26  

#1  Turley is or was an Obamaite. A credit to him that he still values our Constitution and is not an Obama sycophant.

Unilateral, unchecked Executive action is precisely the danger that the Framers sought to avoid in our constitutional system.

The danger is tyranny and a dictatorship.
Posted by: JohnQC   2014-11-19 12:18  

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