[Ed. – Sooner or later we have to do this. We won’t necessarily use any of the exact methods Shapiro outlines. But start thinking about it, if you have’t already.]
Momentum is now growing around the notion that executive power must be curbed. So, how do we stop all of this?
Realistically…impeachment is near-impossible. In the history of the United States, just 19 federal officials have been impeached in the House, and just eight have been convicted in the Senate. Even should Obama be impeached in the House, he would have to be convicted by 2/3 of the Senate, a non-starter.
Besides, Obama isn’t the whole problem. An executive branch of nearly 3 million employees and with zero accountability is.
Legislative Standing. [George] Will makes the case that the judiciary should allow legislative standing so that Congress can stop the executive overreach. To do so would require, according to Will, four conditions: a majority of one chamber of the legislature authorize the lawsuit; that a private plaintiff be excluded; that Congress has no power to repeal the law; and that the injury “amounts to nullification of Congress’ power.”
There are two problems with this solution. The first is that Congress will never authorize such lawsuits. The second is that neither will the judiciary. How in the world would a Court rule that Congress has no power to repeal a law or revise a regulation? Of course Congress can. The problem is that Congress doesn’t.
Constitutional Amendments. Mark Levin, in The Liberty Amendments, has made the case for a series of Constitutional amendments that would seriously curb the power of the federal government in order to restore “constitutional republicanism and preserv[e] the civil society from the growing authoritarianism of a federal leviathan.”