Tags: turley | obama | imperial | presidency

Legal Scholar Turley: 'Imperial Presidency' Emerging

Friday, 06 Dec 2013 04:57 PM

Only the courts can stop President Barack Obama from tweaking the Affordable Care Act without going through Congress, according to Jonathan Turley, a legal scholar and professor at George Washington University Law School.

"This administration's been very successful in blocking challenges to actions that were viewed as unconstitutional. We have to get over what's called the standing barrier where courts just refuse to hear challenges," Turley told "The Steve Malzberg Show" on Newsmax TV.

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Republican lawmakers have complained that Obama's changes to the healthcare law, including delays and tweaks of certain parts of it that are causing problems, are unconstitutional because they must be passed through Congress.

"The Framers [of the U.S. Constitution] would have been appalled that you can have very clear violations of the Constitution, but literally no one can actually get a hearing to review them," Turley said.

"At a minimum, courts should recognize that members of Congress have standing to challenge these types of rules and policies. If they did, many of these things would be struck down.

"We have the emergence of what is often called an imperial presidency, something that we have resisted for generations."

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Only the courts can stop President Barack Obama from tweaking the Affordable Care Act without going through Congress, according to Jonathan Turley, a legal scholar and professor at George Washington University Law School.
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