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How five Colorado Democrats may
have paved the way for Congress
to sue the administration

Daily Caller, by Elizabeth Price Foley & David Rivkin

Original Article

Posted By:StormCnter, 3/15/2014 4:59:04 AM

Last week, the U.S. Tenth Circuit decided a case that should reverberate on Capitol Hill. In Kerr v. Hickenlooper, five Colorado legislators sought “standing” to challenge a state constitutional amendment. The three-judge panel — consisting of Carter and Clinton appointees — ruled in favor of the legislators’ standing. This decision should embolden members of Congress who correctly believe that President Obama has encroached upon Congress’ constitutional authority. Indeed, Congress should do no less in defending its authority than the five Colorado state legislators. Many members of Congress believe that numerous presidential actions — delaying various provisions of the Affordable Care

      


Post Reply  

Reply 1 - Posted by: Judith, 3/15/2014 8:08:44 AM     (No. 9769633)

Won´t work. First, the court ruled that the taxpayers had no say over raising taxes or how they are used. Secondly, if the suit is to constrain obama and the dems and make them adhere to our Constitution and laws, the suing party will "have no standing".

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Reply 2 - Posted by: ruready?, 3/15/2014 8:14:43 AM     (No. 9769638)

Of course Congress will have standing. That standing is created by the usurpation of their constitutional authority which been usurped by an executive branch that is changing their laws.

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R-G1
  


 
Reply 3 - Posted by: ruready?, 3/15/2014 8:19:58 AM     (No. 9769641)

Apologize for the double-post.


"And if a President does not faithfully execute the law, Mr. Speaker, what are our remedies? Do we just sit and wait on another election? Do we use the power of the purse, the power of impeachment? Those are punishments, those are not remedies. The remedy is to do exactly what Barack Obama said to do, to go to court, to go to the Supreme Court. And have the Supreme Court say once and for all, we don´t pass suggestions in this body, Mr. Speaker, we don´t pass ideas. We pass laws and we expect them to be faithfully executed."

Trey Gowdy

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Reply 4 - Posted by: antiquegolf, 3/15/2014 8:48:45 AM     (No. 9769665)

It figures that Colorado democrats who seek to raise taxes to the moon have turned to the judiciary. This suit comes just 4 months after Colorado voters slapped down Amendment 66 which sought a 28 percent increase in state income tax on those who earn over $75,000. Of course, Amendment 66 was promoted as a school tax. It´s always for the children.

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Reply 5 - Posted by: dlb703, 3/15/2014 9:02:09 AM     (No. 9769686)

I´m not holding my breath.

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Reply 6 - Posted by: LAW428, 3/15/2014 9:11:51 AM     (No. 9769697)

You mean the Supreme Court that decided Dred Scott, abortion on demand, and Obamacare, to name just a few? Well, I´m not all that impressed or confident. They are certainly fallible, obviously leftist, and have way too much unchallenged power.

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Reply 7 - Posted by: mambo 5, 3/15/2014 9:17:54 AM     (No. 9769704)

The legal concept here is the "injury in fact": the actions of the president are infringing on the congresses granted power in this republic, to approve laws for spending and taxation.

it takes away the reasonable belief that our vote to seat our representatives in the congress means something.

Of course there is standing for congress. In fact..."We the People" have standing. By passing congress on any matter is not a smart thing. This president demonstrates his disregard of intelligence on these matters is indeed calculated and needs to we need to vote to stop it.

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R-TA-Wide
  


 
Reply 8 - Posted by: addicted_to_coffee, 3/15/2014 9:23:47 AM     (No. 9769718)

"Standing"??? I thought that was reserved for vertebrates. That leaves out the current crop of repuke leadership.

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Reply 9 - Posted by: Janjan, 3/15/2014 9:33:16 AM     (No. 9769730)

Obama is not only bypassing Congress and the Constitution, he is callously disregarding the American people who duly elected our representatives thus effectively nullifying our entire system of government. For 5 years Republicans have sat on the sidelines wringing their hands while the voters have become more and more enraged. I would rather see them attempt something that may fail then to sit on their hands. At least Obama will get the message that we are no longer willing to meekly tolerate him. God Bless Gowdy´s courage. Hopefully the rest of them will stand with him.

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Reply 10 - Posted by: ColoWapiti, 3/15/2014 9:40:24 AM     (No. 9769741)

In Colorado, this is not going to play well. First, the Dems encroach on our 2nd Amendment rights. Two State Senators were recalled and a third quit to avoid being recalled.

Now the Dems are doubling down by asking a federal court to overturn a state constitutional amendment that passed with overwhelming support. All because we keep refusing to allow them to tax us at NY and California levels.

It is going to be an interesting election this fall.

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Reply 11 - Posted by: Janjan, 3/15/2014 9:45:46 AM     (No. 9769751)

Sorry to post twice but there is a big difference between what these Democrats are doing and what Obama is doing. The Colorado liberals are trying to overthrow the will of the people and take the power to tax back for themselves. Obama is simply ignoring the law and ordering government employees to break it.

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Reply 12 - Posted by: Arby, 3/15/2014 9:50:17 AM     (No. 9769758)

Gaining standing and suing Fauxbama would be a good thing, but first let´s win the senate in November. That will get his attention. Impeachees are tried in the senate. He doesn´t know much, but he knows that.

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Reply 13 - Posted by: Philipsonh, 3/15/2014 10:29:29 AM     (No. 9769812)

Hire a "special prosecutor" and within one month the H of R should vote to impeach the President. There are lists of reasons all over the internet, including lying in public to get a law passed. I understand that the Senate will not vote YEA, but who knows, maybe to save their own elections, some Senators on the Dem ticket would do so. Why would they vote to save a President who has undermined them.

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Reply 14 - Posted by: pineledger, 3/15/2014 10:41:27 AM     (No. 9769834)

We know why they Senate Dims would vote to save Obama. The same reason many otherwise rational voters would not vote for a clearly unqualified candidate.

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Reply 15 - Posted by: Butch59, 3/15/2014 10:54:49 AM     (No. 9769853)

At this time I´m not going to hold my breath waiting for the Republicans to file a suit against Obozo for anything. As referred above, there are just not enough spines in either house of congress to mount a suit. And the "leadership" of the Republicans would themselves fight against it. They´re happy with what they have. It´s up to us, the voters, to make the changes that are necessary to put an end to the outrageous activities of the current administration. We can start by taking over the Senate and maintain control of the House. And for goodness sake, put a lot of pressure on your senators and congressperson. They certainly feel it when those that votes them into office let them know in no uncertain terms how unhappy they are. Call and write to them. Don´t rely on just e-mails. The personal touch is what is needed.

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Reply 16 - Posted by: Mildred, 3/15/2014 10:56:47 AM     (No. 9769856)

Agree with most of your comments #12 but I don´t think we should wait until November elections to do something. Obama can do a lot of damage in the next 8 months. We need to keep this issue in the forefront and keep pressing congress to stop Obama´s illegal actions. Trey Gowdy definitely has the right approach.

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Reply 17 - Posted by: oh-heck, 3/15/2014 11:16:35 AM     (No. 9769877)

#11 is right, the Colorado suit isn´t going to end well for the legislators. Think how silly it sounds, the people are taking away our power to rule them.

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R_DBL_B
  


 
Reply 18 - Posted by: mickturn, 3/15/2014 11:20:56 AM     (No. 9769884)

So when the Supreme Court become ´Supreme´ and their decisions were golden? It was actions by Progressives many years ago to figure out ways to take over the govt. First it is the ´precedent´ thing where their decision is law.

IT IS NOT law...it is a legal decision that can be overridden by the Congress...so why has the congress let the courts take over...Progressives in both parties wanted it that way.

Bottom line, courts are only supposed to decide what is constitutional, PERIOD. They cannot legally enact any remedies but they do.

Time to slap them back into their limited roles.



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Reply 19 - Posted by: JustCause, 3/15/2014 11:30:36 AM     (No. 9769897)

Words - Just Words

They are meaningless if there is no way to enforce the edict.

When the court lays down a ruling. It´s dependent upon the people to abide by it´s words.

Obama doesn´t give a rat´s patootie what a court says. He and his administration were told by a court that drilling in the gulf was legal and should resume - he´s been held in contempt of the court since he hasn´t allowed drilling to start up. So What? It hasn´t stopped him or even slowed him down with his phone and pen...

And, you really expect Roberts to grant Standing ??

Words - Just Words

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Reply 20 - Posted by: RancherJack, 3/15/2014 11:30:39 AM     (No. 9769898)

GOP Leadership: "Where´s Waldo?"

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Reply 21 - Posted by: peterfleming, 3/15/2014 11:42:19 AM     (No. 9769909)

The lies are getting more desperate.
And the truth is getting more frequent.

It used to be, the only truth teller was Ron Paul.
Now we have Rand Paul, Ted Cruz, Trey Goudy, Scott Walker, Sarah Palin, even the quiet Rick Parry is speaking up. And now we have superb media people like Mark Levin, Alex Jones, Michelle Malkin and Harlem"s Rev James D Manning.

So, the RINO hacks McClain, Rubio, Jeb Bush, And even the DEAD SILENT Mitt and "W"´, simply are no longer of any cliche´ importance.

Five Colorado demorats, acting like real people, is an appreciated beginning of New Truth.

We are now on the receiving end, like Sharyl Atkisson, of more Iron Curtain, Communist defectors ! These are exciting times !

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Reply 22 - Posted by: lonestarm3, 3/15/2014 12:01:58 PM     (No. 9769928)

Good theory, but there are a couple of little problems.

First, assuming by "congress" we mean the legislative branch consisting of the House and the Senate, the problem is that at present we have on functional Senate. We have Harry Reid functioning as Senate Czar while the other 99 members play solitaire on their iPads between speeches praising Obama as the messiah leading them to (in HIS own words) "collective salvation" or speeches blaspheming HIM for shredding the constitution.

Second, if we do get to the Supreme Court, there is still the problem that Chief Justice Roberts thinks he has the right to rewrite the constitution, as demonstrated by his changing the meaning of penalty to tax, etc.



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Reply 23 - Posted by: JimJr, 3/15/2014 12:21:48 PM     (No. 9769960)

1. The Tenth Circuit Court is wrong. The legislators do not have standing to challenge the Constitutional Amendment. They would have standing IF AND ONLY IF the constitutional amendment process had been violated (this applies to other actions by the Federal Courts, but is not germane to this discussion). The U. S. Constitution does not address the levying and collection of taxes in the several states, leaving that correctly to the states themselves. This is further reinforced by the Ninth and Tenth Amendments to the U. S. Constitution. In the taxing provisions of the U.S. Constitution were significantly modified by the 16th Amendment.

If the legislators deem they should have the unlimited authority, under the Colorado Constitution, to tax and spend, they should work to pass an amendment that would give them that authority.

The actions by this court have again demonstrated that a not insignificant portion of judicial thought is that the Government is unlimited and the citizens are inherently limited.





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Reply 24 - Posted by: JimJr, 3/15/2014 12:28:58 PM     (No. 9769976)

2. In the matter of the Federal Government, it is my contention that the House of Representatives and the Senate, acting as bodies (as opposed to individual members), singly or in concert do have standing to sue the Executive for failing the "faithfully execute the laws...". This suit would go straight to U. S. Supreme Court,

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Reply 25 - Posted by: dman, 3/15/2014 2:08:23 PM     (No. 9770097)

#3 et al: While I like, admire, and support Rep. Gowdy, I disagree with him on this point. Impeachment and the power of the purse are means of asserting control in the context of separation of powers, more than punishment. When a President has been impeached and convicted, for example, he or she would be removed from office (assertion of Congressional power), but may or may not be fined or go to jail (punishment).

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Reply 26 - Posted by: dman, 3/15/2014 2:11:33 PM     (No. 9770100)

I should add that the courts themselves have ruled that political fights between the Executive and Legislative branches are none of the Judiciary´s business.

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Reply 27 - Posted by: Heil Liberals, 3/15/2014 6:21:28 PM     (No. 9770300)

IF this were to gain traction, it could end up before the Supreme Court. If the DC court held a similar ruling to the 10th, then precedent may allow any suit filed by representatives against the administration to go forward. However, if the DC court ruled otherwise, then appeals would be made to the SC - which could deny certiorari in an effort to stay out of the politics of this dispute. Basically they would be putting the ball back into the Congress´s court in order for them to seek the political remedy that the Constitution has provided - impeachment and trial.

I do not favor this legal maneuver. This isn´t the same as forcing the president to turn over tapes, files, or documents. This is seeking to avoid the political process of standing up, making accusations, providing evidence, then securing a bill of impeachment against the president for his high crimes and misdemeanors.

The political fallout could be disastrous for Republicans, thus their reluctance to pursue the Constitutional remedy. Running to the courts smacks of cowardice. Prove the case. People are ready to listen as this presidential disaster on two feet continues to run roughshod over the Constitution and our individual liberties (the right to contract or NOT contract for a service). But there is little political backbone for the lifetime limousine legislators who find the need to hold onto power more important than principle and their children´s future. It´s a vote for enslavement or freedom.

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Reply 28 - Posted by: Heil Liberals, 3/15/2014 6:25:21 PM     (No. 9770303)

#24 - What 9th and 10th Amendments? The progressives deemed them quaint relics from an ancient time long ago as they used the 14th Amendment "incorporation" theory to force the states to comply with federal dictate. On more than one occasion I have read or heard comment that the 9th and 10th do not matter anymore.

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Reply 29 - Posted by: Moabitess, 3/15/2014 6:39:56 PM     (No. 9770311)

I´m with Breitbart News contributor Austin Ruse when proclaimed that liberals "should all be taken out and shot".
Liberals are all about states rights when they want to forward their amoral pursuits such as smoking pot, allowing illegals in Us, or banning a Nativity Scene.
When it comes to real constitutional issues like prayer in schools, banning abortions, or maintaining the sanctity traditional marriage, they try to hide behind a fig leaf of indignation and political doublespeak.
It´s the Ides of March after all , shoot them all!


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Washington Times, by Editorial    Original Article
Posted By: StormCnter- 7/16/2014 5:02:13 AM     Post Reply
John McCain, an immigration hawk. Who knew? Mr. McCain, the highest-profile Republican of the U.S. Senate’s “Gang of Eight” that came up with amnesty as the solution to the immigration crisis — and it truly is a crisis — is finally taking a hard line against President Obama for his encouraging the tidal wave of illegal aliens swamping the southwestern border. “There has to be a halt to this,” Mr. McCain thundered Sunday on CNN. “That’s what we want, and the best way to do that is for planeloads of these young people to be returning to their country of origin

The 5 Most Dangerous Guns in America
30 replie(s)
Rolling Stone, by Kristen Gwynne    Original Article
Posted By: scottc- 7/15/2014 11:46:15 AM     Post Reply
Contrary to what those who defend the right to own high-powered assault rifles believe, not all guns are created equal. Due to a combination of availability, portability and criminal usage the following five types of guns are the country's most dangerous. School Shootings: Widely Reported Tragedies Since 2000 - Using firearm trace data from the ATF, as well as FBI homicide records, we determined the types of guns most often recovered from crime scenes and/or used in murders. The numbers are stark: According to the FBI's 2012 Crime in the US data, nearly 70 percent of homicides for which the FBI received weapons data involved the use

The media can no longer ignore
Obama and Hillary Clinton´s problems

29 replie(s)
Washington Examiner [DC], by Noemie Emery    Original Article
Posted By: StormCnter- 7/16/2014 5:15:16 AM     Post Reply
It had to come sometime, and it came in one very bad week for the Democrats: that the many big problems with Hillary Clinton and Barack Obama finally grew too great for the press to ignore. Obama in his own different way is heading towards Nixon-like levels of weirdness, as, beaten down by the failures regarding his ventures, he appears to have quit his own job. A.B. Stoddard of the Hill says in effect he has stopped being president and chooses to live in a world of his own, shutting out the problems that have become overwhelming, giving dinners where he talks

Rove American Crossroads
in Mississippi Controversy

29 replie(s)
American Spectator, by Jeffrey Lord    Original Article
Posted By: Desert Fox- 7/16/2014 8:43:14 AM     Post Reply
The headline in the Washington Post on June 4 was clear: Rove-backed American Crossroads won’t get involved in Cochran runoff Said the Post story the day after Tea Party favorite Chris McDaniel had defeated six-term Mississippi GOP Senator Thad Cochran in the first round of the state’s GOP primary: American Crossroads, a GOP establishment organization, has decided to shift its political focus almost entirely to the general election and will not be spending money in the likely runoff election to decide the Mississippi Senate nomination that was virtually deadlocked after Tuesday night. […] “Other than Alaska, we have completed our work on Senate primaries

Exclusive - Sessions Warns All of Congress:
Obama´s New Immigration Strategy ´Threatens
Foundation of Our Constitutional Republic´

28 replie(s)
Breitbart´s Big Government, by Matthew Boyle    Original Article
Posted By: KarenJ1- 7/15/2014 9:28:19 AM     Post Reply
Senate Budget Committee ranking member Sen. Jeff Sessions (R-AL) has warned all of his colleagues in Congress that President Barack Obama’s new immigration strategy—his plans to legalize millions of illegal alien adults through executive power—could destroy America as we know it. “I write to inform you of a development that threatens the foundation of our constitutional Republic,” Sessions, Congress’s top immigration hawk, wrote in a letter that was hand-delivered to all 535 members of Congress on Monday and provided exclusively to Breitbart News. Sessions cites a recent report from the National Journal, in which reporter Major Garrett detailed how, despite the ongoing

Eric Holder: Americans Should Not
Be ´Color Blind,´ But ´Color Brave´

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Breitbart´s Big Government, by Charlie Spiering    Original Article
Posted By: KarenJ1- 7/15/2014 1:34:47 PM     Post Reply
Attorney General Eric Holder encouraged Americans not to forget race while working for justice and equality in their country. “As it stands, our society is not yet color blind -- nor should it be -- given the disparities that still afflict and divide us.” Holder explained, “We must be color brave, and we must never forget that all are made better and more prosperous if all are given equal opportunities.” Holder made his remarks during a speech at Howard University on Tuesday for the 50th Anniversary Celebration of the Civil Rights Act. “We must take into account not only the

Behind the scenes at the
Clinton White House

27 replie(s)
New York Post, by Geoff Earle    Original Article
Posted By: StormCnter- 7/15/2014 5:04:05 AM     Post Reply
WASHINGTON — It was an enduring image of his presidency: a chastened Bill Clinton walking his dog while wife Hillary keeps her distance as the family leaves town at the height of the Monica Lewinsky scandal — but it was all part of a contrived public-repentance campaign, according to a new book. With Bill on the skids and his wife’s future prospects on the line, it was necessary for the pubic to see the president being punished, said Weekly Standard online editor Daniel Halper in his new book, “Clinton, Inc.: The Audacious Rebuilding of a Political Machine.” “They understood that


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