House Speaker John Boehner's lawsuit against President Barack Obama has merit, but whether it will stand up in court is uncertain, says Matt Lewis, a senior contributor to The Daily Caller and contributing editor at The Week.
"I think it's a good idea,'' Lewis told "The Steve Malzberg Show" on Newsmax TV.
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"The question is, does John Boehner have standing? We don't know yet, and one could easily understand why the courts may decide it would be in their best interest not to play the referee between the other two branches of government,'' Lewis said Monday.
But he said precedent shows the Supreme Court has a history of "slapping down" presidents who try to use too much power.
"It happened most famously with Harry Truman when he tried to nationalize the steel industry in 1952,'' Lewis said.
The Supreme Court "ruled that he was 'making law.' This was important because it [kept] future presidents within their scope of authority.''
Boehner has announced plans to sue the commander in chief "for overstepping his executive authority'' by ignoring Congress and issuing executive orders.
Lewis says there are certain executive orders presidents have the right to give, but more guidance is needed as to what they can and can't do.
"I think it would be healthy for somebody to kind of clearly define the separation of powers and what's appropriate and what's not,'' he said. "The other thing is — call me a squish — but I think that it would probably be a fool's errand and very bad politics to try to impeach Obama at this point.''
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