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Rep. Jim Gerlach, R-Pa., proposed a bill (H.R. 3857) that would allow the House and Senate to sue an Administration for failing to enforce the law or violating the Constitution. Gerlach says the legislation is needed due to “unparalleled use of executive discretion to selectively apply or enforce duly-enacted laws,” including immigration laws.

Gerlach said the Obama Administration’s actions "have not only exceeded the rights and responsibilities bestowed on a president by the U.S. Constitution, but they have undermined the collective work that Congress constitutionally fulfills under Article I. The U.S. Code is not an a la carte menu compiled to serve the whims of a president and federal agencies — and no president or executive agency, regardless of political party or affiliation — should be able to simply pick and choose the laws they believe should be enforced based on their policy agenda or political wants."

H.R. 3857 would give the House and Senate authority to file in court for "declaratory and injunctive relief to compel the president to faithfully execute" specific laws. Both chambers would first have to pass a resolution supported by 60 percent of all members present and voting. The federal District Court in Washington D.C. would have to fast track a case (decision within 90 days after filing), which could be reviewed by the Supreme Court.

In an interview with the Capitol newspaper The Hill, Gerlach said his legislation would enable the Supreme Court to weigh in quickly on such issues. "We think it's the right balance between policy and politics within the legislative body," he said.

Barack Obama
congress
enforcement
constitutionality
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Albert 3441 of PA's picture
It is a sad day in the history of our nation when congress has to propose legislation to force a sitting president to obey his oath of office. Although not really an alternative to impeachment, such a law could provide some restraint on an executive who wants to ignore congress and to rule by decree.
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Lechelle 5846 of CO's picture
I'm pining for the good old days, when we had Presidents that respected Congress and their authority. Heck, even Regan and Tip O'neil respected each other's political differences.
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Darlene 3394 of KS's picture
What a great idea to have faxes to support this. They are such a help to all of us!
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Darlene 3394 of KS's picture
I have emailed my rep with this info asking her to support HR 3857
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Nancy 9036 of CA's picture
I sure hope this goes somewhere. I never understood why the immigration laws are not being enforced.
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Jm  2943 of CO's picture
Lets see if it can get out of the House and then as well the Senate as you need 60 % of all members present and voting. Maybe they should just lock the door on all Democrats?
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Mike 1111 of CO's picture
Obama is the Democratic Nixon - he IS a crook. We need a president who can start enforcing the laws. If Obama can't do this, he needs to step aside, soon, so that we can get someone else who is up to the job at hand.
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Terri 9170 of IL's picture
Mike, I never was a Republican, but don't be so insulting to Richard Nixon. He wasn't half as bad as Obama.
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William 6898 of AZ's picture
Obama has no shame, he has no concept of law and order and has to be removed from office a.s.a.p. Each day that goes by he grabs a little more power for himself and burns the Constitution a little more. Congress needs to wake up and start confronting Obama and his corrupt cronies on this abuse of power.
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Roger 8615 of CA's picture
Congress shouldn't have to pass a bill. It is already in the constitution. The Supreme Court will side with Obama because they are afraid of him becuase he has the NSA spying on them and all Americans not terroist.
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Terri 9170 of IL's picture
Roger, I doubt that very much. The Supreme Court isn't afraid of anyone. This bill is exactly what we need. It focuses the whole country's attention on Obama's lawlessness.
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April 6455 of MA's picture
The problem is that the justices are appointed by the president. We need to change this to elected positions.
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Terri 9170 of IL's picture
April only 1 or 2 of them was appointed by Obama. We actually have a conservative Court right now. You didn't think that whoever is President gets to appoint all new Supreme Court judges did you? Also, Supreme Court justices traditionally move away from whatever political stance they held when they were appointed because they come to realize the great responsibility they have to the nation as a whole.
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None 2150 of WY's picture
Sounds like blackmail to me and it is probably very true! The constitution is not being respected or enforced by that so-called president. I didn't vote for him. I saw his lies before he even opened his mouth and spoke.
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Terri 9170 of IL's picture
I guess you all read that Obummer held a presser today and announced he's going to enact all the policies he wants by Executive Order. Time for him to go. Said he's not waiting for legislation from Congress. Really, who does this guy think he is? Stalin?
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Albert 3441 of PA's picture
It seems more likely that he would fancy himself as an American Lenin, the visionary leader of the great revolutionary transformation.
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David 7295 of FL's picture
Yes, pretty much. We are not even sure there will be elections in 2016. There are several ways to cancel the elections and his team of lawyers are working on this.
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Ralph 0323 of MA's picture
This bill won't make it through the Senate. POTUS is now dotus & this mini-faux-dictator will continue to use his pen to circumvent Congress while changing our number of government branches from 3 to 2.5. Too bad but that's the way the cookie crumbles. Adios!
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Barrie 9235 of CA's picture
Then why not convince the people of Nevada to start impeachment (recall) on Harry Reid and then maybe it would get some backing
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David 7295 of FL's picture
Sorry, this will be a waste of time, Harry sends too much money home via several different forms. Liberals run the state at most levels, thus, Harry is there to stay. Everyone today is out for themselves, not what is good for the country but what the country can do for them. When this sinks in, then you realize the problem with Harry.
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Van 0864 of VA's picture
You can't recall a sitting Member of Congress. Only Congress can remove its members.
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Thomas 1762 of TX's picture
Bout time. This is the reason why Obama needs to not only be Impeached but brought up on actual charges of High Treason. President Lincoln and the US Congress fought the Confederate States of America do to the Constitutionality that the Confederate States had no provisional Right to cede from the Union. We went to War with ourselves because it was determined that the Constitution was usurped. Why is Obama, Reid, Pelosi, Clinton, Holder, and the like allowed to trample upon the Constitution and take on powers not bestowed upon them by the same document or established Law? Why should I, as a Citizen, obey the Law when my own Government chooses not too? Have we become Slaves to their designs?
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Gary 3222 of AL's picture
They can still sue under Article 2 Section 3 last sentence states "The president will take care to faithfully execute the laws of the United States."
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Gary 3222 of AL's picture
Time for articles of impeachment for refusing to enforce the law of the land.
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Terri 9170 of IL's picture
Still, they could make a good faith effort, if they want votes from Americans.
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Florence 0183 of NJ's picture
I agree Terri, they can also bring their case to the American people and insist that The American people back them up, I think that would go a very long way with us...and those who are reluctant to act on their own...
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Dwight 8082 of GA's picture
It kills me how I keep getting donation pleas from the TP & GOP, yet they have not lifted a finger to indict/impeach BO. That would keep him busy for a few years.
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Esther 7135 of CA's picture
It's about time that somebody, anybody at leat attempted to do something, even though it's an effort in futility.
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Lyle 7640 of LA's picture
Regardless of what he may think. ANY President is not above our laws and should be prosecuted when they are broken.
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Florence 0183 of NJ's picture
they should be imprisoned , like anyone else, otherwise this will happen again...
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David 7295 of FL's picture
I don't know if anyone asked this question but: " What do you expect the penalty to be if you win and the pres. loses?" Is the penalty going to be paid by the tax payers (just a shuffle of taxpayer's money)? Face it, you cannot "hurt" the president short of removing him from office, is this the penalty?.... if not then the bill is a waste of time.
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Van 0864 of VA's picture
Winning would force the President to act within the confines of the law. For example, that could mean ending the DACA program or financially penalizing sanctuary cities.
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Leroy 0771 of PA's picture
For several instances, the penalty should be loss of job just as everyone else who doesn't do his/her job.
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John 4464 of MA's picture
And who is running interference for Obama? Holder, the supposed top law official in the Country, now working for the Department of INJUSTICE!
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Christopher 7538 of MN's picture
No chance of ever passing the Senate or getting Obama's signature. While a public vote on it would spell disaster as long as Reid and Obama can claim their are more important matters and this is just a waste of time by Reps trying to politicize everything they can keep it off the floor.
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Betty 0021 of CA's picture
I think we just need to have defense and close the rest of the government down. During this 6 years of obama in office we have discovered. Congress and our president do absolutely nothing......
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Douglas 5734 of OH's picture
Gerlach is on the right track. I just wonder if all this is futile. Congress is certainly divided and the Senate is controlled by the Democrats. Wonder how much progress will come out of this organization. Remember the opposite of progress:congress.
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Richard 5421 of OH's picture
Obama should be impeached,I don,t understand why congress sits on there hands and does nothing.
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Douglas 4684 of AL's picture
Obama needs to be put in prison along with Hillary and Holder. And be sure to take away his phone and his pen in the interim.
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Reginald 2622 of ND's picture
Obama and his entire cadre of supporters are not only liars they promulgate lies as official orders and law. None should be allowed to remain in office.
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Esther 9999 of FL's picture
Republicans are trying their best to lose the House majority and prevent us taking the Senate. We need to primary the leadership pronto!
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Sharon 2091 of MT's picture
I don't understand why nothing is being done to stop this administration. I' m so sick of our leaders asking for money to help stop these so called petitions, and signing more and more petitions, and nothing being done. Also I have a really hard time with people sitting back and doing nothing but complain. When are "we" going to stand up and put an end to this madness. Why are we allowing this administration to divide our country and our people. They are destroying the very essence of our constitutional rights and freedoms. Families are being ripped apart, no jobs, losing our choice of healthcare options (being dictated to on what type of care you can have). This administration has broken more "constitutional laws" and is allowed to do whatever they want when the want!. I say take away "executive powers" and allow "the people" to have a say on what gets passed! When is enough of this enough, when are "we" the American people going to take a stance!
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