Making the Punishment Fit the High Crime

Since the headline is unlikely to come to pass, Drew M at AoSHQ offers up the next best thing:

Yesterday we saw a number of ideas floated about how to respond….rescission, lawsuits, de-funding and withholding votes on nominees to name a few on the table. There’s one idea I’d like to add that is in many ways symbolic but that would focus the nation on the seriousness of this problem, do not invite Obama to address a joint session of Congress to deliver the State of the Union address.

The Constitution simply requires that “He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient.” Nothing requires that he do so in person. The modern in person State of The Union dates back to Woodrow Wilson but Truman, Eisenhower and Nixon all gave written reports as was the custom from Thomas Jefferson to Wilson.

And Presidents don’t simply show up whenever they please to address the Congress, they must be formally invited. That’s where Boehner and McConnell can strike a blow for the legislature…simply don’t invite him.

Washington and the MSM would be abuzz for weeks, and in a good way. I’d add that the congressional leadership should keep the messaging simple, with constant reminders that they’d be happy to extend an invitation and listen to the President’s speech, just as soon as the President remembers to listen to Congress, and go back to enforcing its laws.