Filed under: Capitalism, Domestic Policy, Economy, History, Law, The Constitution | Tags: Invalidated Again!, Still Unconstitutional, The NLRB Matter
Another federal court has slapped down President Obama’s “recess” appointments to the National Labor Relations Board as plainly unconstitutional. That attempt to do what he wants whether the law says so or not is not faring so well. This is the third time the judicial system has invalidated his appointments.
The U.S. Court of Appeals for the 4th Circuit ruled 2-1 on Wednesday that Obama’s appointments were not constitutional and joined the District of Columbia and the 3rd Circuit in invalidating his appointments.
The Senate has the constitutional role of providing “advice and consent” for a president’s nominees. Obama made the appointments on January 4, 2012, while the Senate was on a three-week break, but still meeting every three days. A recess appointment can only be made when the Senate is in actual formal recess.
Obama’s attempt to circumvent the Senate with these nominations is consistent with his ongoing contempt for the Constitution and the checks it imposes on the executive branch through the legislative and judicial branches. He launched a campaign in 2011 called “We Can’t Wait” — the administration felt it could not “wait for Congress to act” so it was going to “take the steps that we can take.” The president said, “We can’t wait for an increasingly dysfunctional Congress to do its job. Where they won’t act, I will.”
Arrogance is frequently mentioned as a characteristic of this White House. The initiative began after Obama declared in July 2011 that he would like to “bypass Congress and change the laws on my own.” The Founders devised the three branches of government specifically in order to slow things down. They didn’t think it was a good idea to make laws by snap judgment, quick appointments, but carefully considered. The members of Congress are elected in order to ride herd on the Executive Branch and check the initiatives of a president.
That’s why there are three branches of government, and why they have limited powers. The limited powers mean there is time for long and careful consideration. That is one of the major reasons why America is an exceptional nation.
Everybody probably has a little tyrant somewhere in their makeup, just waiting for the chance to tell everybody what to do. We all think we know better just how things should be, but we’re usually not as smart as we think we are. Slow and steady means less regrets.
The dreadful, unworkable mess that ObamaCare represents is an example of a law made in haste in back rooms with no input from the other party, no waiting for careful studies, and rammed through in true tyrannical fashion.
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