Senator Johnson Lawsuit Against Obama Administration Denied

There are congressional members in the US Congress presently that believe that those that operate our government must adhere to their oaths of office to obey and protect constitutional law, not just by words but actions. True, there are not enough of such statesmen and stateswomen, but out of that embarrassingly small list there is Senator Ron Johnson of Wisconsin. You may be aware that it was he who submitted a lawsuit against the Obama administration for practices against executive overreach; which just was shot down by a district judge. Senator Johnson offers citizens to stand against this president and his unconstitutional and incompetent actions via a petition.

On July 21, 2014, the US District Court for the Eastern District of Wisconsin dismissed Senator Johnson's lawsuit. The lawsuit was based on the complaint that President Obama's exempting members of Congress and their staffs from the so-called Obamacare law, where the federal government has taken over private sector affairs in the form of healthcare and uses the IRS to “fine” Americans if they do not comply with their draconian overreach beyond the limited powers in the articles of the US Constitution. Congress and the Executive Branch has decided that they, the so-called servants of the people, are exempt from a bill that should never have passed or been sanctioned by the US Supreme Court – just as what occurred in 1913 when the income tax, 16^th Amendment, was allowed to pass.

Andrew McCarthy at National Review stated that while he admits that Obamacare is indeed an overreach after insulting Senator Johnson:

...it soon became painfully apparent that Johnson had no strategy of his own to mount any meaningful opposition to the law. He had no answers, and barely a coherent thought, when grilled on the matter by Mark Levin. …Johnson has decided that filing a lawsuit is the way to go....thereby demonstrating that he still has no serious strategy — other than to engage in the very sort of grandstanding the Republican establishment accused Cruz of.

McCarthy continued in his article:

All that said, however, it is no more constitutionally proper or practical for a legislator to sue the president over a public-policy dispute than for the president to violate valid laws. As I’ve observed before (most recently, here), the Framers gave Congress two tools to rein in a lawless chief executive: the power to cut off funding and the impeachment power. These tools are powerful, but they have serious political ramifications, and thus elected officials shy away from using them. But they are the only tools available, and politicians cannot forever evade accountability.

What Mr. McCarthy should be pinpointing at, like the 16^th Amendment, the Affordable Healthcare Act should NEVER have passed for a president to sign into law under the illusion that it was good for the people. The only winners are the HMOs (insurance companies) and the inflationary high cost of medical care. Just as the winners of the infamous bailout of auto manufacturers were the trade union. Mr. McCarthy and others in the media call Senator Johnson's attempt to deter the unconstitutional actions of this president gamesmanship. He also contends that -

...lawless officials they lack the nerve to impeach; and, on occasion, big-wind, no-rain lawsuits.

McCarthy is overlooking the fact that despite a myriad of scandals and reasons for impeaching this president would undoubtedly become reality if the Senate was not stacked with Democrat Obama supporters and RINOs – and an underlying reason for fearing that it would be a mentally imbalanced vice president would succeed the impeached president. If more congressional members had actually read the entire lengthy bill presented and committed to their oaths of office instead of party loyalty, I doubt it would have passed in the first place. What really should be happening that anyone who voted "YEA" for Obamacare should be seeking another career besides politics. That could be possible if voters do their duty this year and hopefully choose people that will counter the power Democrats and RINOs hold in Congress in order to repeal a bill that should never have become legislation.

As McCarthy stated:

...legislative losers do not get to use the courthouse to refight their Capitol Hill defeats.

McCarthy is correct when he states:

...one ruefully recalls that it was as much Republicans as Democrats who excoriated Cruz when he made a riveting case against the manifold depredations of Obamacare. The GOP has only itself to blame for its political impotence.

The best move would be to submit a bill to repeal the legislation that should not have passed in the first place; but that places Congress back to square one with the impeachment issue. Not enough in Congress would openly challenge Obama as is evident in the progress of seeking justice for the fiasco at Benghazi, the unconstitutional abuse of unconstitutional power of the IRS, and the fact that Eric Holder still holds his office after the “Fast-N-Furious” scandal; and that is only the tip of the corrupt iceberg in our nation's capitol.

McCarthy ends his article with:

If Senator Johnson is really worried about his constituents becoming alienated by congressional self-dealing and Obamacare’s lawlessness, he should be joining in, rather than lambasting, legislative efforts to defund the PPACA. He and his fellow Republicans should also be using their considerable privileges under Senate rules to block appointments and legislation until Senator Reid relents on his refusal to allow a vote on amendments to end the special subsidies for Congress — to say nothing of ending President Obama’s other lawlessness in the implementation of Obamacare. Republicans should be teeing the subsidy scandal up as a powerful 2014 campaign issue.

With that one can certainly agree. However, if McCarthy expects that defunding action will work, he must get on the bandwagon to prevent folding one or more actions within a bill - making it legislative practice to write separate bills for separate issues. Also, placing amendments and clauses into a bill at the last moment with "pork" hoping it won't be notice would be prevented it bills were broken down into what was just briefly described. There is quite a bit of work for true reformers in getting our nation back on track as a constitutional republic, which the Founders had created and intended to continue. Not what has evolved today.

[Andrew C. McCarthy is a senior fellow at the National Review Institute and author of Spring Fever: The Illusion of Islamic Democracy.]

JUST IN:

According to Texas Governor Rick Perry concerning the southern border of the United States and who called out the Texas National Guard to the border:

Texas citizens are being put in jeopardy by this porous border . . . There have been, over the course of the last five years . . . over 203,000 individuals who have come into Texas illegally, who have been booked into our county jails. Those individuals have been accounted for over 3,000 homicides and over 8,000 sexual assaults.

As Keith Koffler stated:

Not sure what to make of those numbers. If they’re correct,that’s a lot of avoidable mayhem. Maybe President Obama should look into this. He’s got time, he’ll be back from fundraising tonight and golf isn’t until Saturday.

So much for “Change” and certainly detrimental towards “Hope” for this president to do anything right or resembling anything towards competence and decisiveness.

And VP Biden, who made a little over $400,000 last year in declared, adjusted income is telling people that it is Republicans who only care about money - a man who gave 2% to charity the year before and 5% of his income to charity this year. Maybe because it was made known how little he gives to charity while calling everyone else (not Democrats) selfish rich folks.