Fitzgibbons: John Boehner has never remotely proven himself to be an adept constitutional strategist.

John Boehner

"John Boehner has never remotely proven himself to be an adept constitutional strategist. For the most part, President Obama has had the upper hand in dealings with Boehner at the political level, and a bolder, craftier constitutional strategist could have already put reins on some of Obama’s more lawless maneuvers.

As to whether Speaker Boehner will have standing to sue, this legal memorandum prepared by John G. Malcolm, the Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow and Director of the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation, and Elizabeth H. Slattery, Legal Fellow in the Meese Center is must reading. 

They conclude:

If the House chooses to file a lawsuit against President Obama, it will face what may prove to be an insurmountable hurdle in establishing standing. To be sure, President Obama has expanded executive power at the expense of the separation of powers that the Founders so carefully devised in the Constitution, but while the merits of any lawsuit against President Obama for abusive unilateral actions may seem clear, the issue of congressional standing is anything but that.

Barack Obama’s presidential lawlessness is unmatched in American history. Establishment Republicans, however, have contributed to the evisceration of our fundamental and paramount law.

We are concerned about the cut of Speaker Boehner’s constitutional jib. If such a lawsuit were to be filed, I’d rather it be brought by a constitutional conservative Speaker, not an establishment Republican."   --Mark Fitzgibbons Conservative HQ