
At one of my recent public forums, I had someone stand up and ask where President Obama had the authority to extend the Debt Ceiling if Congress refused to do so. After explaining that many Constitutional scholars have pondered the Executive's authority under Article II and the 14th Amendment to unilaterally authorize the payment of legitimate debts incurred by Congress, I made it clear such a move should be avoided as it would inevitably lead to a Constitutional crisis. The gentleman followed up asking why the Supreme Court wouldn't get involved. When I explained that the Court has traditionally sought to engage in "Justiciable" disputes rather than in "political" ones, the questioner asked if I really understood his question! Really? You see, his assertion was that Obama has continually acted in violation of the Constitution and the Court is bound to declare his actions unlawful! After explaining the difference between a "Justiciable" dispute from a "Political" one, he continued to claim the dispute would be a legitimate one for the Court and that regardless, Obama should be impeached for his wrongful actions.
And then the trap door opened! Without trying to embarrass him too much, I asked him which branch of government would have the power to impeach Obama. He hemmed and hawed until someone said the House of Representatives. I then asked him which branch would conduct an impeachment trial and he correctly replied the Senate. My follow-up was simple. If the GOP controlled House impeached Obama, what would possibly make him think the Democratically controlled Senate would convict him? When he showed he understood by shaking his head and blushing, everyone realized such a move could only be perceived as being "Political" in nature (hence the reluctance for the Court to be involved)! And so it goes when Republican representatives continue to clamor against Obama based upon political fictions. Are they arguing something based upon fact or simply perpetuating illogical rhetoric designed to simply inflame the emotions of their political base? Clearly the current proposals from GOP leaders indicate the later.
Perhaps when it comes time to re-brand the GOP, its leadership will learn that America's parade is passing them by. And if the GOP and its supporters continue on its current path, perhaps it will soon realize America has begun turning out the lights on their party.