Washington Post: President Obama’s recent vetoes were unconstitutional. Congress should sue him.

President Barack Obama listens during one in a series of meetings discussing the mission against Osama bin Laden, in the Situation Room of the White House, May 1, 2011. (Official White House Photo by Pete Souza) This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.

You know things are messed up when the Washington Post is calling on Congress, a Republican Congress, to sue the President.

This president has built on the lawlessness of prior executives. He has tried to “govern” with a “pen and phone.” Thankfully the courts have checked him on many of his overreaches. (But not enough.)

Congress needs to take this up. (If Congress has the guts to actually do its job. I’m looking at you Mr. Ryan.)

(From The Washington Post)

In his two vetoes, Obama issued a so-called “protective return pocket veto,” whereby he announced a pocket veto and titled his veto message “Memorandum of Disapproval” (the name for a pocket veto message). But he then proceeded to return the two bills to Congress — a return veto. The justification for doing so is always the same: to “leave no doubt that the bill is being vetoed.”

The problem is that this gambit creates doubt because it combines two mutually exclusive actions: a regular veto and a pocket veto. Even more troubling, the history behind this veto mashup — claiming the exercise of a non-return pocket veto while simultaneously returning the bill to Congress — is a presidential power grab designed to stretch the no-override pocket veto into an absolute veto that could be used whenever Congress is not in session, giving the president the very power the Founders sought to deny the office…

…The Republicans’ option is clear: Sue the president, arguing that the vetoes were facially unconstitutional because they combined two mutually exclusive procedures, and because Congress had designated legal agents to receive veto messages. Since Obama withheld his signature, the two bills, instead of being vetoed, should have become law without his signature after ten days.

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