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?

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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.

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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.

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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.

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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.
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The new Arctic ozone hole

An interesting and very informative paper was published by the American Geophysical Union this past Saturday, entitled “Arctic winter 2010/2011 at the brink of an ozone hole.” The first paragraph of the introduction essentially summed up the paper’s key points:

Large losses of Arctic stratospheric ozone have been observed during winter 2010/2011, exceeding observed losses during cold winters over the past decades, characterized as the first Arctic Ozone Hole. Although in general Arctic ozone is expected to recover because of the reductions in ozone depleting substances as a result of the Montreal Protocol and its amendments, the observation that apparently the cold Arctic winters in the stratosphere have been getting colder over the past decades raises some concern that Arctic ozone depletion may worsen over the next decades if the cooling trend continues while concentrations of ozone depleting substances remain sufficiently high. [emphasis mine]

Two important take-aways:
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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.

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