Boehner Says Suit against Obama Required to Protect the Constitution
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House Speaker John Boehner revealed on his official blog on Thursday that the House will initiate legal action over President Obama's role in bringing the employer mandate in the health care law. The statement said, "Today, we're releasing a draft resolution that will authorize the House to file suit over the way President Obama unilaterally change the employer mandate."
The statement pointed out that in 2013, Obama had changed the health care law "without a vote of Congress, effectively creating his own law" by waiving the employer mandate and compliance requirements.
The statement observed, "That's not the way our system of government was designed to work. No president should have the power to make laws on his or her own."
The House Speaker stated that the issue wasn't about Republicans versus Democrats, but it was about protecting the Constitution in the tussle between the legislative and the executive branches of the government. According to the Constitution, Boehner said, only the Legislative Branch has the power to legislate, and it is the job of the President to faithfully execute the laws.
However, according to Boehner, "The current president believes he has the power to make his own laws - at times even boasting about it."
Boehner further added in the statement, "If this president can get away with making his own laws, future presidents will have the ability to as well. The House has an obligation to stand up for the Legislative Branch, and the Constitution, and that is exactly what we will do."
According to the draft resolution, "the Speaker may initiate or intervene in one or more civil actions on behalf of the House of Representatives in a Federal court of competent jurisdiction to seek relief pursuant to sections 2201 and 2201 of title 28, United States Code ...."
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