Some are familiar to you — declaring that he wouldn’t deport illegals who might qualify for DREAM, refusing to enforce the employer mandate, etc — but the ones about him shifting money around without regard to how Congress has appropriated it might not be. Turley makes two valuable points here. One: Courts tend to give the executive a wide berth in separation-of-powers challenges on the theory that Congress has the power of the purse and can defund any executive agency it likes. But that’s not true anymore, he says. Obama, by defying appropriations, has claimed some of that power for himself. What check does Congress have left? That brings us to point two: Even if Congress can’t stop Obama, the courts can. The problem there, though, says Turley, is that O and the DOJ have argued successfully in many cases that no one has standing to sue him because no one can show an injury from his power grabs that’s concrete enough to justify a federal lawsuit. So the courts can’t check him either.
Liberal law prof: Obama’s unconstitutional power grabs are creating a “very dangerous and unstable system”
POSTED AT 8:01 PM ON DECEMBER 3, 2013