Toobin, Turley: It’s getting pretty obvious that Obama’s overreaching

posted at 9:31 pm on June 30, 2014 by Mary Katharine Ham

For the liberal lawyer trifecta, if you count Laurence Tribe, too.

George Washington University professor Jonathan Turley declares it an awful 10 days for Obama administration legal philosophy, having been rebuked on the 4th Amendment in the cell phone case, the 1st Amendment in the Hobby Lobby case, and on separation of powers in the recess appointments case:

Then Jeffrey Toobin offers some perspective on the contents of the Constitution:

Obama explained his decision Monday by declaring, “I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing.”

“Well,” Toobin reacted, “that’s not necessarily the way the Constitution set it up. He can only act when Article 2 of the Constitution says the president has the authority. He can’t allocate money.”

Click over to the Daily Caller for a bonus clip of Toobin telling CNN’s Carol Costello that the president did, indeed, lose in the recess appointments case. Costello is comically unable to accept this fact:

The decision wholly invalidates President Obama’s argument that he can move around Senate blocks on judicial and other appointments as long as the legislative body is idle — but not in recess — when he makes his move.

But Costello couldn’t accept the defeat. “So as usual, Jeffrey Toobin, this is a more complicated decision,” she said. “It’s just not black and white. Cause I guess you could say the president lost . . . but did he?”

“Yeah, he lost,” Toobin replied quickly. “There’s no doubt.”

“Well he lost in this particular case,” she admitted plaintively. “But overall, right?”

“Well . . . no, he lost overall,” Toobin insisted. “I mean, there’s no question this is a win for Congress and a defeat for President Obama.”

Previously: Toobin, Turley: Yep, Obama broke the law in Bergdahl deal

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I miss America.

pambi on June 30, 2014 at 9:32 PM

Toobin looks like his words taste like vinegar with a lemon chaser.

fight like a girl on June 30, 2014 at 9:33 PM

Bad week for 0bama and it is only Monday…

OmahaConservative on June 30, 2014 at 9:34 PM

I’m sorry, I meant Turley. All these libs look alike.

I miss America.

pambi on June 30, 2014 at 9:32 PM

Me too!

fight like a girl on June 30, 2014 at 9:35 PM

So much for the idea of electing a con law professor as POTUS.

myiq2xu on June 30, 2014 at 9:36 PM

Exectutive Order Heads-UP,…..have Pen and Phone will travel,
er……………:
==========

The Associated Press @AP · 5s

RT: @AP_Politics Obama to sign executive order barring discrimination against transgender federal workers. http://apne.ws/1ojawOI

http://bigstory.ap.org/article/obama-hosts-annual-lgbt-pride-month-celebration

canopfor on June 30, 2014 at 8:32 PM

canopfor on June 30, 2014 at 9:37 PM

Carol Costello, Cynthia Tucker, Cynthia McKinney–if you visit our beautiful city of Atlanta, do watch out for women whose names begin with “C.” They’ll say things that might make your head explode.

radjah shelduck on June 30, 2014 at 9:37 PM

“Well . . . no, he lost overall,” Toobin insisted. “I mean, there’s no question this is a win for Congress and a defeat for President Obama.”

The unconstitutional lawyer in the Oval Office disagrees.

forest on June 30, 2014 at 9:38 PM

Like Obama cares. He will simply renew his assault on the rule of law, constitution, etc. Oh, and begin planning the IRS audits.

ghostwalker1 on June 30, 2014 at 9:38 PM

Dear Liar: “The Constitution is racist!”

rbj on June 30, 2014 at 9:39 PM

Carol Costello has no idea who’s on first.

Flange on June 30, 2014 at 9:40 PM

So much for the idea of electing a con law professor as POTUS.

myiq2xu on June 30, 2014 at 9:36 PM

I think we can all agree that we have been conned.

Feel better?

Mark Boabaca on June 30, 2014 at 9:41 PM

The Clinton vs. Obama War is shaping up nicely.

faraway on June 30, 2014 at 9:42 PM

List of President Exectutive Orders by date and president:

The American Presidency Project

Executive Orders: Washington – Obama
***************************************

http://www.presidency.ucsb.edu/data/orders.php

canopfor on June 30, 2014 at 9:42 PM

Ok so you guys are lefties so will you advise your Prez not to overreach on amnesty as he is threatening?

neyney on June 30, 2014 at 9:46 PM

Impeach.

joekenha on June 30, 2014 at 9:48 PM

“No, I mean Dog Eater kind of sort of won, yes?”

-No. He lost.

“But…he won in a way, I mean yeah he did, right?”

-HE. LOST.

“Dammit! Damn you! I SAID HE WON SO HE WON! GET THE F**K OFF MY SET! SECURITY! REMOVE THIS AHOLE NOW!”

Bishop on June 30, 2014 at 9:48 PM

“Dammit! Damn you! I SAID HE WON SO HE WON! GET THE F**K OFF MY SET! SECURITY! REMOVE THIS AHOLE NOW!”

Bishop on June 30, 2014 at 9:48 PM

Glad you put a voice to the raging beast in her head.

Mark Boabaca on June 30, 2014 at 9:50 PM

The rationalization by the Seattle liberals I know is hilarious and pathetic.
When the SCOTUS votes their way, “It’s the law of the land, get used to it, neocons!”
When they vote the other way, “Unelected fools, they know nothing, no doubt Bush appointees!”

And the hits keep coming, Obozo is losing more than the EPA these days.

Tard on June 30, 2014 at 9:52 PM

Obama explained his decision Monday by declaring, “I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing.”

The “Constitutional Scholar” can’t wrap his pointed head around the fact that ‘chosing to do nothing’ is a choice of action. Or inaction.
You’d think “The Smartest Man in the World” could comprehend that.

GarandFan on June 30, 2014 at 9:53 PM

Dear Liar: “The Constitution is racist!”

rbj on June 30, 2014 at 9:39 PM

Uh, well, actually it is. Slaves (blacks) count as 3/5 of a person. The constitution is taught in the black communities that it is a racist document. Hence, most blacks take a dim view of it.

HiJack on June 30, 2014 at 9:54 PM

Poor lib babies…their idol has feel of concrete and clay…

Newtie and the Beauty on June 30, 2014 at 9:54 PM

“Well,” Toobin reacted, “that’s not necessarily the way the Constitution set it up. He can only act when Article 2 of the Constitution says the president has the authority. He can’t allocate money.”

“I taught Constitutionalistic Law and I can tell you that I can delegate money any damn time I please. I can have my Treasury whip up a platinum coin and sell it to the Fed and spend that money anywhere. Benedict Roberts, my friend, has already said that once I get money I can spend it on anything. If I want to spend $1000 gadillion in order to rasie the profit AND earnings ratios then I can do that. What are you going to do about it?? Sue me? I eat contempt citations from the court for breakfast. LOL …” — King Admiral Emperor Barky

ThePrimordialOrderedPair on June 30, 2014 at 9:58 PM

Obama over reaching?

He hasn’t done anything yet. He just says he is going to do something because congress won’t act.

He says he’s waiting for experts to tell him what he can do.

Joseph OHenry on June 30, 2014 at 9:58 PM

HiJack on June 30, 2014 at 9:54 PM

If they continue to, they need to be educated as to why that was.
Can you ??

pambi on June 30, 2014 at 9:58 PM

Obama over reaching?

He hasn’t done anything yet.

Joseph OHenry on June 30, 2014 at 9:58 PM

Barky’s been trampling the Constitution for over 5 years, already. Have you been in a coma, or what?

ThePrimordialOrderedPair on June 30, 2014 at 10:00 PM

The problem is in the larger sense, Obama has won. His administration has been checked in regards to certain assertions of executive power, but he’s already pocketed unilateral changes to existing laws and unilateral executive decisions to ignore enforcement of others.

hamiltmc on June 30, 2014 at 10:02 PM

So much for the idea of electing a con law professor lecturer as POTUS.

myiq2xu on June 30, 2014 at 9:36 PM

Midas on June 30, 2014 at 10:03 PM

OT: New Allegations Point to Cochran Campaign in Mississippi Senate Vote Buying Scandal

Interview transcripts included

lineholder on June 30, 2014 at 10:03 PM

Mark Knoller @markknoller · 1h

Pres Obama will hear from Cabinet members tomorrow on the results of executive actions he’s taken on jobs, infrastructure, student loans.

https://twitter.com/markknoller

canopfor on June 30, 2014 at 10:05 PM

lineholder on June 30, 2014 at 10:03 PM

Coolness !
Been busy, hon (just lost a close friend) but ..

CONGRATS on the new babe !! :-)

pambi on June 30, 2014 at 10:07 PM

I can see this ending with a special session of the house initiating an arrest warrent stamped by 5/4 of the supremes, and the military escorting obama to his new penthouse suite at whatever federal pen there is in VA.

If this dream were to come true I’d have to buy a thousand new pairs of underwear, having ruined every one with spooge.

An addendum to this dream is dingy harry having a temper tantrum and quitting, while McConnell trips, bumps his head on the marble floor and spends the next 2.5 years in rehab. Hillary then checks into the hospital having totally killed off her liver by pickling it. Pelosi passes quietly in her sleep, and valerie jarrett spontaneously bursts into flames while standing next to the freebie government gas pumps.

Sigh….

Diluculo on June 30, 2014 at 10:09 PM

pambi on June 30, 2014 at 10:07 PM

Thanks on the congrats.

Heard about the friend, pambi. Many prayers coming your way! You have my email. Don’t hesitate to ask if there’s anything I can do, Okay?

lineholder on June 30, 2014 at 10:09 PM

You guys are all deluding yourselves. Obama never loses, and it’s the Tea Party’s fault.

John the Libertarian on June 30, 2014 at 10:10 PM

“Well,” Toobin reacted, “that’s not necessarily the way the Constitution set it up. He can only act when Article 2 of the Constitution says the president has the authority. He can’t allocate money.”

…well…who taught Constitutional Law at Harvard?
JugEars knows what he’s doing!

JugEarsButtHurt on June 30, 2014 at 10:16 PM

lineholder on June 30, 2014 at 10:09 PM

Thanks, LH
Just remembered that I’d posted that .. was in utter shock, at the time, methinks.
Appreciate your offer.
Just the typical waves of grief, I guess Sigh.
Maybe I’ll vent in an email, soon.
xo.

pambi on June 30, 2014 at 10:18 PM

This is what he wants.

wolly4321 on June 30, 2014 at 10:20 PM

Um ,
Excuse me perfesser but I believe there is already a federal law prohibiting
discrimination in various forms.

Have you heard of it?

So, this is just window-dressing…oh, sorry, pandering to yet another
base.

Tenwheeler on June 30, 2014 at 10:21 PM

Bad week for O is a good day for us :)

sorrowen on June 30, 2014 at 10:25 PM

He’s been having a bad week since BarryCare went live last October.

formwiz on June 30, 2014 at 10:47 PM

The Left does not care, they will march on…Obama has tried to move the ball and someone will come after him. Stay ever vigilant and never enjoy these “victories” too much…

Entrephil on June 30, 2014 at 11:17 PM

Bammy keeps kicking hornets’ nests and remains surprised and angry when he gets stung.

jangle12 on June 30, 2014 at 11:34 PM

Wow, ya think!

mmcnamer1 on June 30, 2014 at 11:47 PM

So much for the idea of electing a con law professor as POTUS.

myiq2xu on June 30, 2014 at 9:36 PM

Obama stretches the truth, just in case anyone has not noticed and he believes what he lies about.

Claiming that he taught Constitutional Law sound good if your running for president. It was probably someone’s idea based on the fact that he did teach a narrow aspect of Constitutional law.

Obama never has taught the core Constitutional Law courses that his claim lays the lie to. What Obama did teach was a course on three of the amendments that he found interest in:

13th Amendment: Abolishes slavery, and involuntary servitude, except as punishment for a crime.

14th Amendment: Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues.

15th Amendment: Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.

It is not hard to see that his presidency and his sole interest in the constitution is framed within these three amendments, which he does understand, if none of the rest.

I find it hard to believe that someone who probably took some of the same courses that I did know so little about the constitution. It’s almost as if what he knows and believes he learned from courses of Socialism and Communism rather than ones on our Constitution.

I would add that he took courses in Law at Harvard that would have at least touched on Constitutional law, but I have heard his professors often wrote his papers for him. There does not seem to be much evidence that might not be true. Affirmative action seems to have always been his most trusted and dependable friend.

Franklyn on July 1, 2014 at 12:21 AM

Like Obama cares. He will simply renew his assault on the rule of law, constitution, etc. Oh, and begin planning the IRS audits.

ghostwalker1 on June 30, 2014 at 9:38 PM

Winner by a mile.

CW20 on July 1, 2014 at 12:46 AM

Obama does not believe in the US Constitution. When he took the Oath of Office (he screwed-up, if you remember) he committed fraud.

virgo on July 1, 2014 at 1:01 AM

It’s just going to get worse from here on out.

forest on July 1, 2014 at 6:18 AM

Hijack …

You mean the 3/5 compromise which was explicitly put in to limit the power of the slaveholding states so that they couldn’t use their slaves to get them extra power to preserve and expand slavery?

Arssanguinus on July 1, 2014 at 6:29 AM

“Well,” Toobin reacted, “that’s not necessarily the way the Constitution set it up. He can only act when Article 2 of the Constitution says the president has the authority. He can’t allocate money.”

Someone needs to gently inform the new nitwit-at-the-podium that “the constitutional lawyer in the White House” is a dope and a poseur who taught Con Law 101 to doe eyed freshmen who were then left to figure it out on their own when they got to Con Law 110 and had no clue.

As we have said since early 2008, this affirmative action nitwit comes into a battle of wits unarmed.

Jaibones on July 1, 2014 at 6:31 AM

“So as usual, Jeffrey Toobin, this is a more complicated decision,” she said. “It’s just not black and white. Cause I guess you could say the president lost . . . but did he?”

“Yeah, he lost,” Toobin replied quickly. “There’s no doubt.”

“Well he lost in this particular case,” she admitted plaintively. “But overall, right?”

“Well . . . no, he lost overall,” Toobin insisted. “I mean, there’s no question this is a win for Congress and a defeat for President Obama.”

Hahahahaha…painful.

So as usual, Jeffrey Toobin, Carol Costello is so mentally out of her depth that you have to be carefully prepared to correct every rambling misstatement that she babbles up on her show. Nicely done.

Jaibones on July 1, 2014 at 6:35 AM

A bad week for Obama always means a good one for America….

ouldbollix on July 1, 2014 at 7:04 AM

Overreaching?

Obama is the biggest threat this republic has faced in many years.

AZCoyote on July 1, 2014 at 7:41 AM

People like Toobin realize that presidencies and majorities in the senate don’t last forever. He further realizes that accepting the unconstitutional, lawless demeanor of this current government opens the door to an uncertain future.

One day, perhaps soon, there will be a new president in the White House and a new majority in the senate. When that happens, should those new occupants have the same license and some temerity, there will be many of these same autocratic voices who will attempt to profess outrage. And at that point it will be too late.

Marcus Traianus on July 1, 2014 at 7:48 AM

So much for the idea of electing a con law professor as POTUS.

myiq2xu on June 30, 2014 at 9:36 PM

I believe his actual title was “guest lecturer” or something of that sort. He was known to be mostly “on sabbatical”. He hasn’t changed a bit.

ROCnPhilly on July 1, 2014 at 8:15 AM

The problem is in the larger sense, Obama has won. His administration has been checked in regards to certain assertions of executive power, but he’s already pocketed unilateral changes to existing laws and unilateral executive decisions to ignore enforcement of others.

hamiltmc on June 30, 2014 at 10:02 PM

Yep, throw enough poop at the wall & some of it will stick.

8 weight on July 1, 2014 at 9:08 AM