Wicker: Presidential Overreach Represents Constitutional ‘Crisis’

Speaker Boehner Fights to Restore Checks and Balances With Lawsuit Against the President

The U.S. Constitution clearly separates the powers granted to our three branches of government. This includes entrusting the President with the responsibility to “take Care that the Laws be faithfully executed.”

President Obama, like every member of Congress, took an oath to adhere to the principles in our founding document. The unilateral actions of his Administration, however, continue to defy the Constitution’s authority and its checks and balances on power.

GOP Challenge ‘A Welcome Change’

House Speaker John Boehner (R-Ohio) recently announced that he plans to file a lawsuit against President Obama on the grounds that the President has not upheld his oath of office. The legislation to authorize the suit is expected to come for a vote in the House of Representatives in the coming days. It specifically challenges the Administration’s decision to delay the employer mandate in the health-care law without the approval of Congress. Under the Constitution, the legislative branch has the sole authority to write, amend, and pass laws.

Respected legal scholars have expressed support for the House effort. Jonathan Turley, a law professor at George Washington University, described a “growing crisis in our constitutional system” during a recent hearing before the House Rules Committee. He said, “After years of eroding legislative authority, the decision of this body to take a stand and seek judicial review is a welcome change.”

Senator Roger Wicker
7/28/14