Obama's war on the Constitution

The biggest barrier to holding Obama accountable through the courts is the legal doctrine of standing. In order to establish legal standing, Sen. Mike Lee (R-UT) recently told The Weekly Standard, “You’ve got to show that the plaintiff has suffered an injury in fact, a concrete, particularized harm that’s fairly traceable to the conduct of the defendant, and it is capable of being redressed or remedied by the court.”

Proving direct and individualized harm from Obama’s lawlessness is difficult. How can any one person prove DACA harmed their job prospects? Or that a denied NCLB waiver harmed their education?

Pressed to identify a remedy for Obama’s executive overreach, Lee told The Weekly Standard, “I think the most effective, efficient way of doing it, the way that sort of maximizes the deterrent effect without significantly disrupting government in general is for Congress to use its spending power in such a way that withholds funds in areas in which the president has overreached.”

“The Founding Fathers contemplated that,” Lee continued, “James Madison discussed it in Federalist 57. And it’s per- haps the most effective, least intrusive tool for Congress to respond to executive overreach.”