Obama’s critics argue that, in addition to Obamacare, the president has refused to enforce the immigration laws against a large group of aliens who arrived in this country as children, and in this way unilaterally implemented a piece of legislation—the DREAM Act—that died in Congress. He has issued waivers to states freeing them from compliance with the test score requirements of No Child Left Behind. He released prisoners from Guantánamo Bay as part of a prisoner swap without giving Congress the statutorily prescribed 30-day notice. He refused to enforce federal drug laws against some users of marijuana in states that have legalized marijuana. He refused to defend the Defense of Marriage Act before the Supreme Court. He used military force in Libya in defiance of the War Powers Act. He has ordered the assassination of American citizens abroad, through drone killings, without granting them due process.
To bring a lawsuit, however, one needs more than general complaints about the action of another person. Any litigant, including Boehner, must satisfy numerous legal requirements and, above all, be able to point to a law that the defendant violated. A court will almost certainly dismiss any lawsuit of the sort Boehner intends because the House of Representatives lacks “standing” to bring a suit—meaning that it has not suffered a concrete injury as a result of Obama’s actions.
Forget what you learned in seventh grade: It’s simply not the case that Congress sets policy and the president executes it.
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