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.

Nine of the top ten worst nations for religious persecution are Islamic, with North Korea being the only exception.

The religion of peace: Nine of the top ten worst nations for religious persecution are Islamic.

North Korea tops a list of the world’s worst religious persecutors for the tenth consecutive year, but Islamic states dominate the rankings, accounting for nine of the top ten and 38 of the full 50-country list released Wednesday.

There is a pattern here, I think, though hard as I try it is hard to see it. Maybe it’s related to Islamophobia somehow?

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.

A NASA inquiry into the ownership of a variety of space artifacts, including Jim Lovell’s Apollo 13 checklist, has halted their sale at auction.

Power grab: A NASA inquiry into the ownership of a variety of space artifacts, including Jim Lovell’s Apollo 13 checklist, has halted their sale at auction.

In other words, it appears that NASA management has decided that everything ever built by NASA belongs to NASA, forever, even if NASA would have thrown it away at some point.

Democrats regulating the dead

Democrats regulating the dead.

Democrats believe their personal preferences are so noteworthy and have such a significant bearing on the future of society that it’s only fair these indispensible preferences be imposed on the public by force of law.

Which brings us to Democrat Alvin Tillman, a third–term member of the council in Terrebonne Parish, LA, who evidently does not have enough to occupy his time. Tillman is personally offended by the chroma culprits who paint their family tombs anything but white, which is Tillman’s preferred color. “We want to stop this before it gets out of hand,” Tillman was quoted by the Associated Press. “Before you know it you’ll go out there and the cemetery will look like Mardi Gras.”

Since this is Louisiana — where being dead is no bar to exercising the franchise in favor of Democrats on election day — it could be that Tillman is simply responding to the wishes of his electoral base.

At the end of 2011, America, like much of the rest of the Western world, has dug deeper into a cocoon of denial.

“At the end of 2011, America, like much of the rest of the Western world, has dug deeper into a cocoon of denial.”

Tens of millions of Americans have yet to understand that the can can no longer be kicked down the road, because we’re all out of road. The pavement ends, and there’s just a long drop into the abyss. And, even in a state-compliant car seat, you’ll land with a bump. At this stage in a critical election cycle, we ought to be arguing about how many government departments to close, how many government programs to end, how many millions of government regulations to do away with. Instead, one party remains committed to encrusting even more barnacles to America’s rusting hulk, while the other is far too wary of harshing the electorate’s mellow.

Occupy Albany protesters threaten a police officer and his family

Thugs: After being pepper-sprayed by police during their eviction from an Albany park in which they were camping illegally, Occupy Albany protesters have responded by mounting a campaign threatening a police officer and his family.

A “wanted” poster seeking information including the home address, telephone numbers and “map to home” of Officer Richard Gorleski was posted Wednesday on a Facebook page used by Occupy Albany. Gorleski’s address and telephone numbers are not publicly listed. But Gorleski’s father, a Troy resident who has the same first name as his son, began receiving unsettling telephone calls from blocked numbers this week. Troy police said they have taken measures to keep watch on the residence.

This “Occupy Whatever” movement is not the peaceful expression of freedom of speech. It is instead terrorism, the violent effort of a few spoiled leftwing brats who believe in the use of force and violence to impose their will on everyone else, including the right to destroy anyone who disagrees with them.

Any politician who provides this kind of behavior aid or comfort should be voted out of office at the first opportunity, regardless of party.

Egypt raids the offices of seventeen human rights organizations

How’s that Arab spring working out for you? Egypt today raided the offices of seventeen human rights organizations.

Egyptian soldiers and black-clad police officers swept into offices, interrogated workers and seized computers across the country. Those targeted included U.S. groups the National Democratic Institute, the International Republican Institute and Freedom House, which are funded by Congress to monitor elections and promote democracy overseas.

Top 10 Worst Federal Rules of 2011

The top ten worst federal rules of 2011.

All are crippling, but this one is plain stupid:

4. The Equine Equality Rule. As of March 15 (the Ides of March, no less), hotels, restaurants, airlines, and the like became obliged to modify “policies, practices, or procedures” to accommodate miniature horses as service animals. According to the Department of Justice, which administers the rule, miniature horses are a “viable alternative” to dogs for individuals with allergies or for observant Muslims and others whose religious beliefs preclude canine accompaniment.

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.

The Arizona Court of Appeals has ruled that refusing to open your door does not allow the police to enter without a warrant

Stating the obvious: The Arizona Court of Appeals has ruled that just because you refuse to open your door to the police does not give them the right to break it down, without a warrant.

The Constitution is very plain about this, and that the police and prosecutors don’t understand it is very disturbing. Just because they want to enter does not give them the right to do it. Only if the police have reasonable cause they can get a warrant from a judge, but they need that warrant before entering.

Why the establishment fears Newt Gingrich

Why the establishment fears Newt Gingrich.

When Newt became speaker, he was focused, disciplined and tough. He insisted on moving the Contract With America intact. He abolished committees and denied “old bulls” chairmanships. He insisted on using the majority to win conservative victories such as balancing budgets, achieving welfare reform and producing 11 million new jobs with tax cuts that spurred economic growth. He made some people unhappy when he pursued legislation that could win instead of pet bills that would have divided Republicans rather than uniting them. And he negotiated with a Democratic president to get the conservative legislation being passed signed into law. Some Republicans were left unhappy in the wake of all of that activity — some of them are still complaining today.

Santa Claus Arrested Following Joint Investigation by IRS, INS, and FWS

Satire? Santa Claus arrested following a joint investigation by the IRS, INS, and FWS.

The United States Department of Immigration and the Internal Revenue Service have also had their eyes on Mr. Claus. An immigration official who also attended the raid said that they were able to obtain several dozen passports. He said, “It seems that this Santa Claus character has a different name in every country–his EU passport says, ‘Father Christmas’ and his Canadian passport says, ‘Père Noël’. We have, however, determined with certainty that Santa Claus is a United States citizen.”

Apparently Claus worked in Hollywood during the 1940s and 50s making autobiographical films, such as Miracle on 34th Street. During that time he applied for and received U.S. citizenship.

Read the whole thing. The scandal is shocking!

Update: In related news, the Occupied Wall Street movement is now targeting Santa as well.

Montanans have launched a recall campaign against their senators for voting for unlimited military detention

Montanans have launched a recall campaign against their senators for voting for unlimited military detention.

Moving quickly on Christmas Day after the US Senate voted 86 – 14 to pass the National Defense Authorization Act of 2011 (NDAA) which allows for the indefinite military detention of American citizens without charge or trial, Montanans have announced the launch of recall campaigns against Senators Max Baucus and Jonathan Tester, who voted for the bill.

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]

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