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Thread: Can the House file a lawsuit against the President?

  1. #1

    Can the House file a lawsuit against the President?

    I was inspired to ask this after Viewing this post: http://www.ronpaulforums.com/showthr...eresting-point (and want to give them credit)

    can the house act independently and file a lawsuit against the president?

    I suspect it cannot and would imagine the courts use this as at least one reason for not hearing such a case. There are three branches of government and the house isn't one of the three - it's half of one of the three. I'm not sure if congress as a whole could bring a case against the president but I cannot see how the house can act independently in this case. It's my belief that those in the House (or at least their law advisors) know such facts and as a result they can say "we tried to stop Obama" without doing much outside of spending taxpayer dollars.

    Again, it may e interesting to discuss the idea of Congress bringing a lawsuit against the President, but I see no way a "part" of congress can do such a thing, nor do anything else on their own - the house cannot overturn a veto even with 100% of members wanting to overturn such a veto (the senate must agree).
    can anyone else comment on this idea of the House acting independent of Congress and the courts actually accepting this case ?



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  3. #2
    It would likely be an independent firm suing the DOJ.

  4. #3
    The procedure for Congress to sue the President is called impeachment and is provided in the Constitution. The House of Reps by itself has no standing to sue. Representatives might be able to sue as individuals.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

  5. #4
    Quote Originally Posted by Acala View Post
    The procedure for Congress to sue the President is called impeachment and is provided in the Constitution.
    Very well said!
    Such a small document covers so many aspects - maybe those who swear to uphold it should read it a bit more frequently.


    Quote Originally Posted by Acala View Post
    The House of Reps by itself has no standing to sue.


    This was my thought but I wasn't sure. If this is in fact the case, wouldn't lawyers in the House know the courts will throw out the case?? (If you'd care to speculate) why would the House even file a lawsuit - just a political trick?

  6. #5
    Quote Originally Posted by TommyJeff View Post
    Very well said!
    Such a small document covers so many aspects - maybe those who swear to uphold it should read it a bit more frequently.






    This was my thought but I wasn't sure. If this is in fact the case, wouldn't lawyers in the House know the courts will throw out the case?? (If you'd care to speculate) why would the House even file a lawsuit - just a political trick?
    Not sure what we are talking about. I don't follow the news.

    edit: must be talking about the lawsuit about National Romneycare. Looks like the first issue for the court will be standing.
    Last edited by Acala; 02-11-2015 at 01:46 PM.
    The proper concern of society is the preservation of individual freedom; the proper concern of the individual is the harmony of society.

    "Who would be free, themselves must strike the blow." - Byron

    "Who overcomes by force, hath overcome but half his foe." - Milton

  7. #6
    Quote Originally Posted by Acala View Post
    Not sure what we are talking about. I don't follow the news.
    http://m.huffpost.com/us/entry/5635416t
    This. But I question if a court will even hear the case.

  8. #7
    legislatures sue governors all the time.

  9. #8
    Quote Originally Posted by GunnyFreedom View Post
    legislatures sue governors all the time.
    Good information, thank you.
    So you believe the court could say the House has standing for this case even though its 1/2 of 1/3 of the fed govt?
    i appreciate your help!



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  11. #9
    Quote Originally Posted by TommyJeff View Post
    Good information, thank you.
    So you believe the court could say the House has standing for this case even though its 1/2 of 1/3 of the fed govt?
    i appreciate your help!
    The Courts are arbitrary at best. God only knows if they will find for or against standing. All the Courts in this country do anymore is whatever the hell they want to. Whatever their gut says feels right. So I don't really think you can extrapolate from the Constitution, statutory law, or common law what a court is going to do anymore. May as well throw chicken guts into a bowl of rocks to predict what a court will do nowadays.



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