Playing Politics with the Constitution and the Law

Playing politics with the Constitution and the law.

All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever.

The Dodd-Frank act explicitly requires Cordray’s confirmation by the Senate in order for his authority to go into effect. Prior to that confirmation he has no authority.

Once again, the issue here is what Obama’s actions tell us about him as an elected official, suggesting that he an arrogant man who is willing to trash the Constitution and create legal hell for business and the government all for the sake of election-year politics. Not a good recommendation at all.

Contempt for Congress

This editorial in the Wall Street Journal summarizes very well the facts of Obama’s attempt to circumvent the Constitution yesterday: Contempt for Congress.

A President has the power to make a recess appointment, and we’ve supported Mr. Obama’s right to do so. The Constitutional catch is that Congress must be in recess.

The last clause of Section 5 of Article 1 of the Constitution says that “Neither House” of Congress can adjourn for more than three days “without the Consent of the other” house. In this case, the House of Representatives had not formally consented to Senate adjournment. It’s true the House did this to block the President from making recess appointments, but it is following the Constitution in doing so. Let’s hear Mr. Obama’s legal justification.

Democrats had used a similar process to try to thwart Mr. Bush’s recess appointments late in his term when they controlled both the House and the Senate. Prodded by West Virginia’s Robert C. Byrd, who has since died, Majority Leader Harry Reid kept the Senate in pro forma session. Some advisers urged Mr. Bush to ignore the Senate and make recess appointments anyway, but he declined. Now Mr. Reid is supporting Mr. Obama’s decision to make an end run around a Senate practice that he pioneered. [emphasis in original]

In other words, the Constitution is plain and Obama is consciously ignoring it, unlike Bush or any previous President. You can make excuses for this arrogant and unprecedented abuse of power, but an abuse of power it is, nonetheless.

As for sitting back and waiting for the courts to settle this, that’s a cop-out. The courts will almost certainly bow out, noting that this is a political battle between two other branches of government. The article above does note who will sue:

Private parties will have standing to sue if they are affected by one of Mr. Cordray’s rule-makings, and that’s when the courts may get a say on Mr. Obama’s contempt for Congress.

Thus, Obama’s actions will make any actions by his appointee legally suspect. It will create chaos in government and business, while simultaneously eroding the rule of law.

Is this the kind of government representation we want?

Is the Senate in recess? The Constitution says no.

Is the Senate in recess? The Constitution says no.

Article One, section Five of the Constitution states: “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.”

The House has refused to adjourn. The Congress is therefore in session. This kind of gamesmanship has been done many times in the past, but never until now has a President made believe he could simply ignore the plain words of the Constitution.

I know my liberal readers like to make excuses for Democrats when they ignore the law, but the law remains the law. Just because you happen to like what Obama is doing is a bad reason to let this pass. Just remember that if we ignore the law when you’ve got your guy in office, the other side will then have a free pass to ignore the law when they are in office. Sooner or later, we will all pay for that evil.

Space exploration and the unexpected consequences of government decisions

On Thursday, December 15, 2011, NASA management announced what seemed at first glance to be a very boring managerial decision. Future contracts with any aerospace company to launch astronauts to and from the International Space Station (ISS) will follow the same contractual arrangements used by NASA and SpaceX and Orbital Sciences for supplying cargo to the space station.

As boring that sounds, this is probably the most important decision NASA managers have made since the 1960s. Not only will this contractual approach lower the cost and accelerate the speed of developing a new generation of manned spaceships, it will transfer control of space exploration from NASA — an overweight and bloated government agency — to the free and competitive open market.

To me, however, the decision illustrates a number of unexpected consequences, none of which have been noted by anyone in the discussions that followed NASA’s announcement back in mid-December.
» Read more

New Rasmussen poll shows Romney beating Obama 45%-39%

A new Rasmussen poll shows Romney beating Obama 45%-39%.

What is more significant about the poll is how poorly Obama stacks up against every other possible candidate. Though he leads all the others, in no case does he get more than 48% of the vote. Even against a non-entity like Gary Johnson Obama only leads 42% to 27%. These numbers suggest that no matter who runs against Obama, the man is toast.

The Obama Nation: Even More Debt And Even More Store Closings

A nation in economic collapse.

During “the Obama Nation”, the federal government has already accumulated more debt than it did from the time that George Washington took office to the time that Bill Clinton took office. Of course the Bush administration was nearly as bad at piling up government debt. Between Bush and Obama (with a big helping hand from the Federal Reserve), they have done a pretty good job of wiping out the financial future of the United States. If there are future generations of Americans, they will look back and curse those that did this to them. It is absolutely immoral to steal trillions of dollars from future generations. Unfortunately, there are very, very few members of Congress that are even objecting to this madness.

The article’s listing of store closings is also quite frightening, suggesting that the economic situation of the nation is far worse than has been reported.

A career employee in the Voting Section of Justice’s Civil Rights Division has confessed to committing perjury.

A career employee in the Voting Section of Justice’s Civil Rights Division has confessed to committing perjury. The response of the Obama Justice Department? Nothing to see here, please move along.

Amazingly, despite Ms. Gyamfi’s admission of committing perjury not once, but three times, she so far has been neither terminated nor disciplined by the Justice Department. In fact, her boss, Voting Section Chief Chris Herren, continues to assign her to the most politically sensitive of matters, including the Department’s review of Texas’s congressional redistricting plan. More disturbing, according to my sources, is that Ms. Gyamfi is now being treated as a hero by some of her Voting Section colleagues. Many of them are gratified at her efforts — illegitimate or not — to make the Bush administration look bad in its preclearance of Texas’s earlier redistricting submission. [emphasis in originial]

Obamacare abominations

Obamacare abominations.

You would think a piece of legislation more than a thousand pages long would at least be clear about the specifics. But a lot of those pages say: “The secretary will determine …” That means the secretary of health and human services will announce the rules sometime in the future. How can a business make plans in such a fog?

Repeal this abomination already before it destroys the country.

Deficit may be biggest threat to ObamaCare

Well duh! Deficit may be biggest threat to ObamaCare.

I always opposed ObamaCare because I oppose the use of government to run our lives. But putting that minor point aside, it made absolutely no sense for the government to add this entitlement to the nation’s balance sheet at a time when that balance sheet is so completely in the red. The only time these kinds of government programs can possible work (if ever) is when there is lots of spare cash in the bank, something we definitely don’t have right now.

Obama’s Watergate

Obama’s Watergate.

Operation Fast and Furious was run by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and overseen by the Justice Department. It started under the leadership of Attorney General Eric H. Holder Jr. Fast and Furious enabled straw gun purchases from licensed dealers in Arizona, in which more than 2,000 weapons were smuggled to Mexican drug kingpins. ATF claims it was seeking to track the weapons as part of a larger crackdown on the growing violence in the Southwest. Instead, ATF effectively has armed murderous gangs. About 300 Mexicans have been killed by Fast and Furious weapons. More than 1,400 guns remain lost.

The Obama Justice Department is going after climategate whistleblowers

Thugs: The Obama Justice Department has joined the UK government to go after the climategate whistleblowers.

This action once again shows how completely tone deaf the Obama administration is. Attacking the messenger here will do nothing to convince anyone that global warming is happening. Instead, it will help to convince everyone that the whole thing is a fraud, and should be shut down.

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