President Obama's veto threat of the Upton bill to legally do what he is trying to do by illegal means, delay the individual mandate, has firmly established a sad fact. The United States has a lawless president. Impeachment would be a three ring circus and unlikely to be worth the effort. President Obama has indeed not let a crisis go to waste and is trying to legitimize presidential lawlessness by picking a test case where the he is doing lawlessly what the Congress wishes to do lawfully. It's a threat of precedent, not a present threat to the lives and health of anyone today.
A more appropriate response than impeachment would be to wake up America that there is an important and symbolic issue at stake. Speaker Boehner can do this simply by denying the President an honor. He can deny President Obama the use of the House chamber for the State of the Union address. A currently substanceless threat to our legal tradition is responded to by a substanceless slap of rebuke. Let the President write his address and let it be read from the well by a clerk.
The idea that the President has so dishonored his office that he no longer can enter the House is a powerful image that alerts the people to a problem but does not stop us from carrying on with the serious task of government. Impeachment should not be our first resort. Who wants President Biden? This measure also has the advantage that it plays to Boehner's strengths and requires no approval from anyone else. He can take this decision unilaterally. He should.
Cross posted: Chicago Boyz