Michele Bachmann Will Sue The President Because We’re ‘Calling On Her’ To Do It (VIDEO)

Executive orders prompt Michele Bachmann to sue the President. Screen capture from interview with Now This News.

Michele Bachmann and other Republicans are sick of Obama’s executive orders. They’re so sure they’re illegal that they’re going to try and sue Obama.

Representative Michele Bachmann (R-MN) says that the House is prepared to sue President Obama over his threat to use executive orders if Congress fails to act on some of his agenda. She and other Republicans feel he’s usurping the power of Congress with executive orders. One of the things she said was:

“Obamacare is the passed law of the land and yet the president has changed Obamacare at least 17 times on his own, unilaterally, without going through the legislative action that he’s required to do under the United States Congress. That’s just one. He also said that he would refuse to uphold the [Defense of Marriage Act], which he is required by law to uphold.” [SOURCE]

She also claimed that he’d misused his authority to amend the Affordable Care Act (ACA) 17 times. Representative Tom Graves (R-GA) claimed it was 19. The National Review claims 27 changes, though they acknowledged that only 10 of them were from Obama himself. Another 15 came through Congress, which he signed, and 2 more came through the Supreme Court.

Michele Bachmann claims that we’re the ones who want her to sue the president.

Bachman also claims that the ‘American people’ want her to sue the president over the executive orders issue. When asked by a reporter from Now This News, “So you want to sue the president,” Bachmann replied: “That’s what the American people are calling on us to do.”

Here’s the video.

[youtube:http://youtu.be/i_ybxPmg_iA]

President Obama is hardly the first president to use executive orders to get around Congress. He won’t be the last.

As far as executive orders go, Obama has issued 168 of them. Clinton, Reagan and G.W. Bush all issued more than that during their terms. Franklin Delano Roosevelt holds the record, at more than 3,000 executive orders. The fact of the matter is, Article II of the Constitution says nothing about executive orders. No amendment says anything about executive orders. So whether they’re legal or not is a matter of interpretation. The president usually interprets the Necessary and Proper Clause as his authority to issue executive orders.

Executive orders are often controversial because they so frequently come from a president’s wish to bypass Congress on an issue. That can happen because of how long a vote can take, or due to gridlock, or due to emergencies. But Obama’s not the only president to want to get something that he felt Congress would never act on. Truman racially integrated the military through an executive order in 1948. Ronald Reagan used an executive order to ban federal funds from paying for abortion in 1984 (that Clinton reversed in 1993). Clinton used executive orders to authorize military action in the former Yugoslavia states.

More than 13,000 executive orders have been issued in our history. The Supreme Court has overturned exactly two.

There are only two executive orders that the Supreme Court has overturned. One was by Truman, and the other was by Clinton. Both were too far-reaching in their powers. Generally, however, executive orders are only a problem for the party that’s not in the White House. Once that party is back in power, executive orders are suddenly no longer a problem.

Representative Steve Stockman (R-TX) introduced the “Restore the Constitution Act,” which matched Senator Rand Paul’s (R-KY) “Separation of Powers and Protect the Second Amendment Act,” a year ago. Both of these would essentially ban executive orders. One has to wonder what the GOP would think if we elected a Republican president in 2016, but had a Democratic majority in either the House or Senate that refused to work with him. If executive orders were illegal, then what?

Bachmann’s lawsuit is likely to get as far as every other attempt to sue the president. Dennis Kucinich tried suing Obama in 2009 for his activity in Libya. Generally, these suits fail because of a lack of standing.

The simple fact of the matter is that, if Congress wants to be included in the lawmaking process, they have to work with each other to pass some laws. The Congressional gridlock we’re suffering through is ridiculous.