Obama's Imperial Tendencies Slapped Down by Court

 

IBDEditorials.com

Outside The Law: Another federal court has overturned President Obama's illegal recess appointments. This president's imperial tendencies have now been slapped down for the third time by the judicial system.

The U.S. Court of Appeals for the 4th Circuit ruled 2-1 Wednesday that Obama's appointments to the National Labor Relations Board were not constitutional. It joined the District of Columbia and the 3rd Circuit in invalidating his appointments.

Obama made the appointments on Jan. 4, 2012, while the Senate, which has the constitutional role of providing "advice and consent" for a president's nominees, was on a three-week break yet still meeting every three days. A recess appointment can be constitutionally made only when the Senate is in actual recess.

Obama's attempt to circumvent the Senate on these nominations is consistent with his contempt for the Constitution and the checks it places on the executive branch through the legislative and judicial branches.

This is a president who launched a campaign in 2011 called "We Can't Wait." In the words of White House Communications Director Dan Pfeiffer, the administration felt it couldn't "wait for Congress to act," so it decided it was "going to take the steps that we can take."

The president himself said, "We can't wait for an increasingly dysfunctional Congress to do its job. Where they won't act, I will."

The initiative began after Obama declared in July 2011 that he would like to "bypass Congress and change the laws on my own." No separation of powers there.

It has since been a recurring theme for the White House. Earlier this year, Obama promised that "Whenever Congress refuses to act, (Vice President) Joe (Biden) and I we're going to act."

There are some actions a president can legally take by executive order. But there are others in which the executive branch must wait for Congress' approval. If the White House doesn't wait, it becomes a government — a tyrant, really — unto itself, without restraint.

There are hundreds of members of Congress, including a majority in the House, who were elected by the people to check Obama's initiatives. If these lawmakers are bypassed by presidential fiat, a large group of voters is both disenfranchised and ruled against their will.

The U.S. is an exceptional nation because its government is one that is limited in its power.

Obama doesn't see it that way. All he sees are obstacles to his effort to consolidate power. Be thankful for the ruling from those three courts.