Not surprisingly, Macomb’s two
representatives in  Congress, Candy
Miller and Sandy Levin, split their vote on the successful House resolution to
sue the president.
Here’s the floor statement by Miller,
a Harrison Township Republican:
The ultimate law of our great nation is not the important work
we undertake here in this House, above all, it is the Constitution we all swear
to preserve, protect and defend.
The first words of the Constitution, Article 1, Section 1, are
the following:
‘All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and a House of
Not some, but all legislative powers are vested in the Congress
of the United States.  No other entity of our federal government has the
power to write law – not the executive branch or the judicial branch – only
Article 1, Section 7, states the following:
‘Every bill which shall have passed the House of Representatives
and the Senate, shall, before it becomes a law, be presented to the president
of the United States; if he approves he shall sign it, but if not he shall
return it…’
If he approves, it shall become law, if not, he vetoes the law
and sends it back to Congress.  Nowhere is the president given the
authority to rewrite the law on his own.
And Article 2, Section 3, places the following responsibility
with the President:
‘He shall take care that the laws be faithfully executed.’
This resolution asks the third branch of government, the
judicial branch, to solve problems arising from the president’s failure to
faithfully execute the law, specifically aspects of the Affordable Care Act, as
he is required in Article 2, Section 3, and to have exercised power expressly
given to Congress to write the law under Article 1.
The founders in their genius put in place this system of checks
and balances for a very important purpose, which is to make certain that no one
person could both impose and enforce the law, because that type of action
amounts to tyranny.  In short, we have no king in this nation.
As the representative of the people of the 10th District
of Michigan, and someone who is sworn to preserve, protect and defend the
Constitution, I believe strongly that I have a responsibility to support this
resolution so that the courts can affirm that legislative power is vested in
this House, the People’s House, and not in the White House.
As the Chairman of the Committee on House Administration, I will
have the responsibility to verify that any contracts with those who will
litigate this case comport to the rules of the House. That is a responsibility
that I take very seriously.
As such, many on the minority side have asked how much this will
cost.  My answer is that we do not yet know because no contracts have been
negotiated and we do not know how long such litigation will take to
But the questions I would ask are ‘what price do you put on the
adherence to the rule of law?’  ‘What price do you place on the
continuation of our system of checks and balances?’  And ‘what price would
you place on our Constitution?’
My answer to each is ‘priceless.’  I can assure all of my
colleagues that this process will move forward with due diligence, it will be
conducted within the rules of this House, and it is my firm hope that, in the
end, the courts will uphold the constitutional principles that are the bedrock
upon which our great nation has been built.”
Levin, a Royal Oak Democrat who represents most of Macomb
County, said this:
Republicans today are choosing lawsuits over legislating. They
are choosing to sue the President rather than pursue action to support the
American economy.
There’s no shortage of legislation that’s awaiting action:
Immigration reform. A bipartisan Senate bill is awaiting action.
Unemployment insurance. A bipartisan Senate bill has never
gotten a vote in the House. Held up by the speaker.
The Employment Nondiscrimination bill, the Senate bill, not
brought up here. Held up by the speaker.
Paycheck fairness, not brought up.
A minimum wage bill, not brought up.
Export-Import bank, caught in the contest and the conflicts
within the Republican conference.
A highway bill – another patch, showing the inability of the
House Republicans to face up to the need for a long term highway bill.
And voting rights reform? There is a bill sponsored by a senior
Republican in this House and that has not seen the light of day.
Instead, Republicans are choosing to sue.
For what it’s worth, a new Public Policy Polling survey found
that only 41% of voters in the country believe that the
lawsuit instigated by House Speaker John Boehner is legitimate, compared to 51%
who think it’s just a political stunt. Beyond that PPP reports that 56% think
the lawsuit is a bad use of taxpayer money, with only 36% expressing the
sentiment that it’s a good use.
One final point: As former Republican National
Committee Chairman Michael Steele said this morning, by the time the suit is decided
by the U.S. Supreme Court, under normal timelines Obama will be out of office.