American Elephants

Obama’s Unconstitutional Abuse of Power: by The Elephant's Child

President Obama has increasingly shown contempt for the constitutional limits on executive power, for Obama is a full-fledged relativist. A thoroughly modern man who is distinguished by the absence of “rigid” opinion and moral values. The Constitution which he took an oath to preserve and protect, should be updated to conform to more modern times. After all we are just one nation among many, no better, no worse, and certainly not exceptional.

Back on January 4, 2012,  Mr Obama bypassed the Senate’s constitutional advise and consent power by naming three new members to the National Labor Relations Board, and appointing Richard Cordray to run the Consumer Financial Protection Bureau. Many Presidents have made recess appointments and we have supported that executive authority.  So what difference, at this point, does it make?

The problem was that when Obama consciously made those “recess” appointments when the Senate wasn’t in recess but was conducting pro-forma sessions precisely so that Mr. Obama could not make a recess appointment. No president had ever tried that one before.

In Noel Canning v. NLRB, a Washington state Pepsi bottler challenged a NLRB board decision on the grounds that the recess appointments were invalid and the NLRB lacked the three-member quorum required to conduct business. A three-judge panel of the D.C. Circuit agreed, and briskly slapped down the White House about the separation of powers.

The opinion was 46 pages, and the three-judge panel said that “not only logic and language, but also constitutional history” reject the President’s attempt to go around the law. The Federalist Papers refer to recess appointments expiring at the end of the following session of Congress. It is a constitutional relic of a time when Congress would break for several months at a time, and lawmakers could not hop on a plane to get back to the capitol.  It was meant as a stopgap for times when the Senate was unable to provide advice and consent, not as an exception to the rule.

The court cleared the air by noting that the Constitution refers not to “a recess” but to “the recess,” and an adjournment. The administration was trying to turn a power to make emergency appointments during a formal recess of Congress into a free-wheeling power to make appointments during any adjournment.

The ruling will invalidate everything done by the two agencies. Many agencies have bypassed  normal congressional approval, without making their action into a good case for the Supreme Court.  Lots of people have been harmed by determinations and orders from the NLRB and the CFPB, and they will head to court. The Administration will appeal to the Supreme Court. There will be arguments that the D.C. Circuit did not have jurisdiction, but the court persuasively found that it did. Going to be interesting. Tim Carney made noises about judicial overreach, and huffed and puffed, but that’s what Obama pays him for.


3 Comments so far
Leave a comment

And you should hear the whining that Richard Trumka (President of the AFL-CIO) over this. His first attack was over the “reasoning and shocking decision today by the panel of Republican judges on the DC Circuit”, and he “Fully expect(s) radical DC Circuit decision to be reversed, and that other courts will uphold the President’s recess appointment authority”.

“Other courts”. Never mind that this is the court that would make the decision in a case like this (Noel Canning may be in Washington State, but the NLRB is in DC, and DC is where the illegal act (the “recess” appointment) took place). Trumka is looking for another court to either strike down or enjoin the DC Circuit’s ruling, because if the ruling stands, the stacked-deck-for-Labor NLRB goes away, and Trumka 1) has to start all over again on things that he thought were already done with, and 2) might actually have to get results on a somewhat more level playing field than he wants to. Trumka has problems winning on a level playing field. Remember, Wisconsin was a big battleground for Labor, with unions spending inordinate sums of money to defeat Gov. Walker and his initiatives, and even with those advantages in play, they still lost – even the recalls, millions were spent, and Labor couldn’t get what they wanted. If Trumka and Big Labor could win with those advantages there, you can understand why he’s getting upset at the Canning decision: Labor might have to start making their case on the merits. And union membership is at record lows, so they’re obviously not doing a very good job of that.


Comment by Lon Mead

On the Author’s Acknowledgements page, The author of the report refers to a Limor Yungman. Quoting author Arie Perliger, “My immense gratitude also to my research assistant, Limor Yungman, whose help with building the Far-Right attacks dataset was critical to this project.”. Limor Yungman, specializes in Arabic and Islamic studies. Refer to :

“NRW Scholarship Program for students from Israel 2009: final report
Home institution: University of Haifa, Middle Eastern Studies
Hosting institution: University of Muenster, Institute for Islamic and Arabic Studies, Prof. Dr. Thomas Bauer”

In her prior research (ie cuisine) she has used Islamic libraries to gather her resources, considering them excellent resources for information. The kind of books they stock, are like Protocols of The Elder of Zion, and Mein Kamf, not to mention a slew of anti-American titles. About her prior research at the Islamic library she says “For the mind of the humanities researcher, there’s nothing more valuable than a well-equipped and well-resourced library, in order to stimulate and support in one’s research. And the Institut für Arabistik und Islamwissenschaft in WWU has one of the best. I was fortunate to have had the opportunity to work there, because of its great resources.”

Islamic libraries don’t stock ANYTHING does not downplay western values and uphold Islamic ones.

This Limor “Yungman” is yet another Muslim wolf in sheeps clothing. Muslims are taught when they come in contact with other cultures, (it should always be with the goal of taking control the other culture), they should always act and dress like it to gain trust, respect and friendship. In doing so, they always (never fails) end up working towards the goals of Islam using their newfound “friendship” with that host culture as a means to that end.

It is all part of the Islamic goal toward world domination.

This author Arie Perliger, has no title w.r.t. West Point in the book. HOW is it that he gets to publish this title? His prior works include: “Jewish Terrorism in Israel – , Arie Perliger” – ebook

This is very very disturbing news to see that West Point is also undergoing the ideological purge that the rest of the military has been and continues to be put through .

Obama’s “litmus test” should take care of all those loyal to the Constitution and leave only the lackeys who will do what OBAMA says….obeying HIS orders rather than to obey their original oath to uphold the Constitution.

It is the Islamic viewpoint that wherever they are, they will not be made to comply with any “manmade” law (ie the Constitution). They have made it very clear that the only laws they will follow are Sharia Law, aka Islamic Law. This explains the reason for the ideological purge – since Obama is the Commander in Chief of the US Military, that he would be advised by Islamists to conduct himself accordingly in his governance.

Report is at



Comment by Domina Bellato (@AmWiser)

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: