I would have titled this "How Really to Sue an Imperial President," but blogger doesn't permit italics up there.
And I mean Really! As in: distinctly different from theposturing gesture made by John Boehner this week.
Short rundown first.
And I mean Really! As in: distinctly different from the
Short rundown first.
- On Wednesday's show, Mark Levin spoke about John Boehner saying he was going to sue Obama for failing to faithfully execute the laws passed by Congress in violation of his oath of office.
- Mr. Levin said that Cong. Boehner likely would not be granted standing. That he wished it were different, but that the bar would be very hard to overcome.
- Upon hearing that, I recalled that in 1997, shortly after Pres. Bill Clinton signed the line item veto that Congress had passed, Sen. Robert Byrd had immediately filed suit to stop it. I did not recall the details, but it is a fact that shortly thereafter the line item veto was indeed overturned by the Supreme Court as unconstitutional.
- So the next day, while Mr. Levin was in his monologue about why the SCOTUS ruling about the appointments clause was a Trojan Horse, I called his show to ask him if there was not something to be learned in the line item veto case about how to sue the President successfully for his extra-constitutional legislating.
The first clip was my laying the premise in order to get to the idea. He corrects a key
mistaken assumption I had made, but he then patiently goes on to let me finally get my
point
across -- How was the line-item veto overturned and what can you learn
from that?
CLICK ---> Clip 1 (~8 minutes long)
The second clip shows where it has dawned on Levin how my follow-up response to his
answer was the exactly right way to move such a case forward.
CLICK ---> Clip2 (~2 minutes long)
The third clip is where Levin summarized what he's been thinking and it's got him gleefully hoping he gets
a chance to bring the case to trial.
CLICK ---> Clip3 (~3 minutes long)
I must say it was very gratifying for me to have him respond so well once my idea hit home.
Especially so because there was a moment there where I was afraid I was going to blow my chance to get my point across.
And I am particularly grateful to Ed Bonderenka for extracting the clips from the full podcast so I could present them in this shortened form.