A primary reason for structuring our government with the checks and balances it has was to prevent a concentration of power. The POTUS was specifically limited because of the position’s duties, and the danger exercising them could mean to the freedom of the people. America didn’t want a king. Well, we may gotten one anyway.
The House of Representatives held a hearing yesterday on the Obama Administration’s exercise (or non-exercise) of it powers, and asked whether or not the Executive branch was properly following the “take care” clause of the Constitution. AllahPundit provides some commentary on the hearing, focusing Prof. Jonathan Turley’s testimony:
If you have time for only one snippet, though, skip to 2:33:00 for his list of Obama’s five most egregious violations of separation of powers. Some are familiar to you — declaring that he wouldn’t deport illegals who might qualify for DREAM, refusing to enforce the employer mandate, etc — but the ones about him shifting money around without regard to how Congress has appropriated it might not be. Turley makes two valuable points here. One: Courts tend to give the executive a wide berth in separation-of-powers challenges on the theory that Congress has the power of the purse and can defund any executive agency it likes. But that’s not true anymore, he says. Obama, by defying appropriations, has claimed some of that power for himself. What check does Congress have left? That brings us to point two: Even if Congress can’t stop Obama, the courts can. The problem there, though, says Turley, is that O and the DOJ have argued successfully in many cases that no one has standing to sue him because no one can show an injury from his power grabs that’s concrete enough to justify a federal lawsuit. So the courts can’t check him either.
The only check left, it would seem, is through elections. Which isn’t a check at all on a term-limited President. Of course, there’s always the impeachment route, but that doesn’t seem likely (despite what some in the media think). Turley thinks it’s not even being considered:
Now, I was the lead witness but I was testifying in through the haze of a raging flu. So I went back and checked. Impeachment was mentioned in passing but it was quickly discounted. Indeed, I specifically testified that, as someone who testified at the Clinton impeachment, I did not view such a measure as warranted given the ambiguity of past decisions. Indeed, the references to impeachment were made in the context of the loss of meaningful options for Congress to respond to such encroachments when the President reserved the right to suspend portions of laws and fought access to the courts in challenging such decisions. Yet, the Post simply reported that the word impeachment came up (not surprisingly) in a discussion of the options given by Framers to Congress in dealing with unlawful presidential conduct.
During the hearing, not only did I discount impeachment as an option, but a Democratic member specifically asked the panel about the references to impeachment. No one could remember how it came up but it was clear that no one thought it was a substantial issue — or significant part of the hearing.
In a discussion of checks on the presidency, impeachment is one of the enumerated options given to Congress. Notably, past judicial opinions involving such separation of powers controversies have also discussed impeachment with the power of the purse as devices given to the Congress. In discussing impeachment with these other powers, courts were not advocating impeachment or suggesting that it was a viable solution in that given case.
In the end, since the Senate is held by the same party as the President, impeachment isn’t a serious option. But the Obama Administration’s unwillingness to faithfully execute the laws passed by Congress remains a serious issue. At this point, the only options left would seem to be either shutting the government down, or refusing to pass any new laws since the POTUS won’t execute them anyway. And whither goes the Republic.
And, he and Democrats will eventually pay for that:
The partisan battles that have paralyzed Washington in recent years took a historic turn Thursday, as Senate Democrats eliminated filibusters for most presidential nominations, severely curtailing the political leverage of the Republican minority in the Senate and assuring an escalation of partisan warfare.
Saying that “enough is enough,” President Obama welcomed the end of what he called the abuse of the Senate’s advise and consent function, which he said had turned into “a reckless and relentless tool” to grind the gears of government to a halt.
Of course Obama and Reid (along with Biden) were some of the more outspoken defenders of the filibuster when Democrats were in the minority. Minority rights, you know. Blah, blah, blah …. words without end, words without meaning.
SEN. HARRY REID (D-NV): “…the so-called nuclear option… attempt to rewrite Senate rules so we would be another House of Representatives; that we would throw away the Constitution of the United States so the Federal courts could be packed.” (Sen. Reid, Congressional Record, S.8911, 9/5/06)
REID: “We stand united against an outrageous abuse of power that would pack the courts with out-of-the-mainstream judges.” (Sen. Reid, Congressional Record, S.5198, 5/16/05)
Now, of course, it is an “obstruction” and we’re likely to get exactly what Harry Reid railed against then.
Well, we’ll see how that works out for them when they’re in the minority again and another party is sitting the the White House, won’t we?
Reid – not smart enough see beyond today and the fact that he has just set it up for Democrats of tomorrow to pay for this in ways they never imagined.
If we could only outlaw their whiny cries of outrage when this eventually bites them in the butt, I’d be satisfied.
In a brilliant move, the GOP has managed to not only be unable to impose the debt ceiling, it has apparently found a way to capitulate and make it temporarily unlimited:
There’s no actual debt ceiling right now.
The fiscal deal passed by Congress on Wednesday evening to re-open the government and get around the $16.4 trillion limit on borrowing doesn’t actually increase the debt limit. It just temporarily suspends enforcement of it.
That means Americans have no idea how much debt their government is going to rack up between now and February 7, when the limits are supposed to go back into place and will have to be raised.
17 days for this?
And they wonder why people call them the “stupid party”.
Apparently our laws are arbitrary if you’re in a favored group. All you have to do is appeal to the King for an exemption:
Back in 2009, when Democrats were writing the massive new national health care scheme, Iowa Republican Sen. Chuck Grassley offered an amendment. Obamacare created exchanges through which millions of Americans would purchase “affordable” health coverage. Grassley’s amendment simply required lawmakers, staff, and some in the executive branch to get their insurance through the exchanges, too.
To every Republican’s amazement, Democrats accepted the amendment. It’s never been fully clear why; the best theory is they intended to take the provision out in conference committee, but couldn’t do so because they lost their filibuster-proof 60-vote majority. In any event, Obamacare — the law of the land, as supporters like to say — now requires Congress to buy its health care coverage through the exchanges.
That has caused Democratic panic as the formal arrival of Obamacare nears. Right now, all lawmakers and staff are entitled to enjoy generously-subsidized coverage under the Federal Employees Health Benefits plan. Why give up that subsidy and go on the exchanges like any average American?
But that’s the law. It could be amended, but Democrats, who voted unanimously for Obamacare, couldn’t very well expect much help from Republicans, who voted unanimously against it. So over the summer Democrats asked President Obama to simply create an Obamacare exception for Capitol Hill.
And the King, looking down upon his faithful minions waved his hand and came up with a “solution” by executive fiat that uses tax dollars to circumvent the law:
Not long after — presto! — the Office of Personnel Management unveiled a proposed rule to allow members of Congress, their staff, and some executive branch employees to continue receiving their generous federal subsidy even as they purchase coverage on the exchanges. No ordinary American would be allowed such an advantage.
However, a rebellion was cooking:
Vitter watched the maneuvering that led to the OPM decision. He began work on what became the Vitter Amendment, which he likes to call “No Washington Exemption from Obamacare,” that would reverse the OPM ruling. It specifies that members of Congress, staff, the president, vice president and all the administration’s political appointees buy health coverage through Obamacare exchanges. If any of them earn incomes low enough to qualify for regular Obamacare subsidies, they will receive them — just like any other American. But those with higher incomes will have to pay for their coverage on the exchanges — just like everybody else.
Vitter hasn’t exactly thrilled his colleagues. “There has been a lot of pushback behind the scenes, including from many Republicans,” he says. Political types have complained that the requirement will cause “brain drain” on the Hill as staffers escape the burden of paying for their own coverage. “My response is, first of all, it’s the law,” says Vitter. “Look, this is a disruption. It’s exactly what’s happening across America, to people who are going to the exchanges against their will. To me, that’s the point.”
Ron Johnson, the Republican senator from Wisconsin, is one colleague delighted by Vitter’s move. The idea of equal Obamacare treatment for Washington is enormously popular around the country, Johnson points out, which means even lawmakers who don’t like it will be afraid to oppose it.
“I think most members don’t want to vote to reject the OPM ruling,” Johnson says. “But I think most members would vote to do that, if they were forced to, because it is so politically unpopular to have special treatment for members of Congress and their staff.”
Seems it should be unnecessary to again make it clear that Congress should have to obey the law – to the letter – just like everyone else. That was what the original law said, no? Yet they managed a workaround that defeated the intent of the law, didn’t they?
So now another amendment is now necessary?
And here I thought that these folks were servants of the people and not a ruling elite (by the way, the big excuse is there’ll be a huge “brain drain” if the law is left in place. Let me be the first to say, given the shape our country and government are in at the moment, I’d welcome the ‘brain drain’).
Make ‘em obey the law. Make them navigate the same atrocity they foisted on the public. No exemptions, no exceptions. And that goes for every law they pass.
That, of course is exactly what Obama and, ironically, Kerry, are going to ask US servicemen and women to risk for their tattered “credibility”.
The Syrian rebels posed casually, standing over their prisoners with firearms pointed down at the shirtless and terrified men.
The prisoners, seven in all, were captured Syrian soldiers. Five were trussed, their backs marked with red welts. They kept their faces pressed to the dirt as the rebels’ commander recited a bitter revolutionary verse.
“For fifty years, they are companions to corruption,” he said. “We swear to the Lord of the Throne, that this is our oath: We will take revenge.”
The moment the poem ended, the commander, known as “the Uncle,” fired a bullet into the back of the first prisoner’s head. His gunmen followed suit, promptly killing all the men at their feet.
This scene, documented in a video smuggled out of Syria a few days ago by a former rebel who grew disgusted by the killings, offers a dark insight into how many rebels have adopted some of the same brutal and ruthless tactics as the regime they are trying to overthrow.
Those sorts of executions are tantamount to murder. I’m not saying that Syrian forces are any better, but to pretend that we’re helping out a side which is at all friendly to us or not packed to the rafters with murderous Islamic extremists is to simply blind one’s self to reality. And one has to wonder why alleged death by chemical weapons is somehow more atrocious or horrific than these murders? No “red line” here, huh?
Much of the concern among American officials has focused on two groups that acknowledge ties to Al Qaeda. These groups — the Nusra Front and the Islamic State in Iraq and Syria — have attracted foreign jihadis, used terrorist tactics and vowed to create a society in Syria ruled by their severe interpretation of Islamic law.
They have established a firm presence in parts of Aleppo and Idlib Provinces and in the northern provincial capital of Raqqa and in Deir al-Zour, to the east on the Iraqi border.
While the jihadis claim to be superior fighters, and have collaborated with secular Syrian rebels, some analysts and diplomats also note that they can appear less focused on toppling President Bashar al-Assad. Instead, they said, they focus more on establishing a zone of influence spanning Iraq’s Anbar Province and the desert eastern areas of Syria, and eventually establishing an Islamic territory under their administration.
Other areas are under more secular control, including the suburbs of Damascus. In East Ghouta, for example, the suburbs east of the capital where the chemical attack took place, jihadis are not dominant, according to people who live and work there.
While many have deridingly called our potential effort there as acting as “al Queda’s air force”, that does, in fact, hold some truth. There is a well-organized effort among the rebels by Islamists to co-opt the effort if it is successful and turn Syria into an extremist Islamic state. And we want to help that effort? Why?
And while the United States has said it seeks policies that would strengthen secular rebels and isolate extremists, the dynamic on the ground, as seen in the execution video from Idlib and in a spate of other documented crimes, is more complicated than a contest between secular and religious groups.
What nonsense. Why in the world would anyone believe that the incompetent crew that makes up this administration has any possibility of actually being able to accomplish that? One only has to survey the shipwreck that is this nation’s foreign policy under Captain “Red Line” and it is clear that they could no more make that happen than understand that ego shouldn’t drive the use of the US military.
But it apparently is going too. The siren song of “save our president” is being wailed within the Congress and the usual party hacks appear to be lining up to put the men and women of the military in harm’s way because Obama shot his mouth off before doing the very basic work necessary to ensure he could back his words up and now Soldiers, Sailors, Airmen and Marines are going to be asked to pull his fat out of a fire of his own making.
Chris Matthews of MSNBC, who served on Capitol Hill for years as a top Democratic aide, put the party’s dilemma in stark terms on Wednesday: “I think the Democrats are going to be forced to sacrifice men and women who really, really don’t want to vote for this. They’re going to have to vote for it to save the president’s hide. That’s a bad position to put your party in.”
“Sacrifice” men and women. What a freaking insult. Matthews likens a political act to a “sacrifice”. Give it a rest you buffoon. He’s apparently more than willing to risk the sacrifice of military lives in order to “save the president’s hide”.
And make no mistake, even a partisan hack like Matthews knows this is a crisis of the president’s own making. And why are they willing to go along? Not because Syria has any compelling national interest to the United States or that it poses an imminent threat to the country. Nope. It’s pure politics:
The Obama administration’s efforts to get Congress to pass an authorization for military force against Syria are going badly in policy terms, but they are looking up in political terms. Even as the administration’s arguments become more strained, the political imperative that Democrats must support their president or risk having him “crippled” for the next 40 months is being drilled into them.
That’s it. Take us to war instead of face the political consequences of Obama’s self-inflicted wound. Apparently there’s much more at stake than a few military lives. /sarc
These are the people who you want leading you?
On last night’s podcast, Dale and I discussed the rise of a soft tyranny and expansion of the regulatory state in this country. Pres. Obama has, on more than one occasion, unilaterally declared the power to pick and choose what laws to enforce, or to simply change the way they are enforced, without any consequences (i.e. checks and/or balances). He’s not the first POTUS to act that way (albeit the most brazen about it), and probably won’t be the last.
The primary reason he, or any other POTUS, is even able to act this way is because of the massive regulatory apparatus at the disposal of the Executive branch. An apparatus created by Congress; one it seems strangely reluctant to rein in. As Kevin Williamson notes, “Barack Obama did not invent managerial liberalism,” and while his agenda is painfully horrendous, it’s “a good deal less ambitious than was Woodrow Wilson’s or Richard Nixon’s.” However, Obama has used the leeway provided by Congresses past and present to further expand the regulatory state. Williamson characterizes this as Obama’s “utterly predictable approach to domestic politics: appoint a panel of credentialed experts.”
His faith in the powers of pedigreed professionals is apparently absolute. Consider his hallmark achievement, the Affordable Care Act, the centerpiece of which is the appointment of a committee, the Independent Payment Advisory Board (IPAB), the mission of which is to achieve targeted savings in Medicare without reducing the scope or quality of care. How that is to be achieved was contemplated in detail neither by the lawmakers who wrote the health-care bill nor by the president himself. But they did pay a great deal of attention to the processes touching IPAB: For example, if that committee of experts fails to achieve the demanded savings, then the ball is passed to . . . a new committee of experts, this one under the guidance of the secretary of health and human services. IPAB’s powers are nearly plenipotentiary: Its proposals, like a presidential veto, require a supermajority of Congress to be overridden.
IPAB is the most dramatic example of President Obama’s approach to government by expert decree, but much of the rest of his domestic program, from the Dodd-Frank financial-reform law to his economic agenda, is substantially similar. In total, it amounts to that fundamental transformation of American society that President Obama promised as a candidate: but instead of the new birth of hope and change, it is the transformation of a constitutional republic operating under laws passed by democratically accountable legislators into a servile nation under the management of an unaccountable administrative state. The real import of Barack Obama’s political career will be felt long after he leaves office, in the form of a permanently expanded state that is more assertive of its own interests and more ruthless in punishing its enemies. At times, he has advanced this project abetted by congressional Democrats, as with the health-care law’s investiture of extraordinary powers in the executive bureaucracy, but he also has advanced it without legislative assistance — and, more troubling still, in plain violation of the law. President Obama and his admirers choose to call this “pragmatism,” but what it is is a mild expression of totalitarianism, under which the interests of the country are conflated with those of the president’s administration and his party.
I likened the expansion and independence of the regulatory state to 2001: A Space Odyssey or The Terminator in that these things that were created to ostensibly serve in the aid of their users developed a life, mind and interests of their own, and eventually turned on the users. A perfect example would be if the IRS scandal of targeting conservatives turns out to be completely divorced of any political direction, and instead was completely self-initiated from within the department. As James Taranto often points out, that is the far scarier scenario than the one where the White House directed the agency to target its political enemies. Corrupt politicians are bad, but they are expected and can be dealt with in a summary manner. An unelected, unaccountable and extremely powerful organization exercising its own political agenda is orders of magnitude worse.
Democracy never lasts long,” [John] Adams famously said. “It soon wastes, exhausts and murders itself. There was never a democracy that did not commit suicide.” For liberal regimes, a very common starting point on the road to serfdom is the over-delegation of legislative powers to the executive. France very nearly ended up in a permanent dictatorship as a result of that error, and was spared that fate mostly by good luck and Charles de Gaulle’s patriotism. Long before she declared her infamous state of emergency, Indira Gandhi had been centralizing power in the prime minister’s office, and India was spared a permanent dictatorship only by her political miscalculation and her dynasty-minded son’s having gotten himself killed in a plane wreck. Salazar in Portugal, Austria under Dollfuss, similar stories. But the United States is not going to fall for a strongman government. Instead of delegating power to a would-be president-for-life, we delegate it to a bureaucracy-without-death. You do not need to install a dictator when you’ve already had a politically supercharged permanent bureaucracy in place for 40 years or more. As is made clear by everything from campaign donations to the IRS jihad, the bureaucracy is the Left, and the Left is the bureaucracy. Elections will be held, politicians will come and go, but if you expand the power of the bureaucracy, you expand the power of the Left, of the managers and minions who share Barack Obama’s view of the world. Barack Obama isn’t the leader of the free world; he’s the front man for the permanent bureaucracy, the smiley-face mask hiding the pitiless yawning maw of total politics.
I would add that, if the politics were reversed (i.e. “the bureaucracy is Right, and the Right is bureaucracy”) we would still have the same issue: an unaccountable power structure that invades every aspect of our lives. Coupled with a President who exercises that power based on political whims, and we have a serious issue:
The job of the president is to execute the law — that is what the executive branch is there to do. If Barack Obama had wanted to keep pursuing his career as a lawmaker, then the people of Illinois probably would have been content to preserve him in the Senate for half a century or so. As president, he has no more power to decide not to enforce the provisions of a duly enacted federal law than does John Boehner, Anthony Weiner, or Whoopi Goldberg. And unlike them, he has a constitutional duty to enforce the law.
So, one might ask (as Dale did last night), why isn’t the President being impeached for dereliction of duty? Partisan politics is one answer (see, e.g., the failure of the Clinton impeachment). A lack of will is another. Perhaps the simplest answer, however, is that Congress is quite complicit in this expansion and abuse of the regulatory state:
Congress’s supine ceding of its powers, and the Obama administration’s usurpation of both legal and extralegal powers, is worrisome. But what is particularly disturbing is the quiet, polite, workaday manner with which the administration goes about its business — and with which the American public accepts it. As Christopher Hitchens once put it, “The essence of tyranny is not iron law; it is capricious law.”
Barack Obama’s administration is unmoored from the institutions that have long kept the imperial tendencies of the American presidency in check. That is partly the fault of Congress, which has punted too many of its legislative responsibilities to the president’s army of faceless regulators, but it is in no small part the result of an intentional strategy on the part of the administration. He has spent the past five years methodically testing the limits of what he can get away with, like one of those crafty velociraptors testing the electric fence in Jurassic Park. Barack Obama is a Harvard Law graduate, and he knows that he cannot make recess appointments when Congress is not in recess. He knows that his HHS is promulgating regulations that conflict with federal statutes. He knows that he is not constitutionally empowered to pick and choose which laws will be enforced. This is a might-makes-right presidency, and if Barack Obama has been from time to time muddled and contradictory, he has been clear on the point that he has no intention of being limited by something so trivial as the law.
I agree with Williamson that Obama has pushed the limits, but I think he lets Congress off the hook too easily. Every POTUS presses the limits. Indeed, Williamson provides the example of Nixon’s abuses, and even compares Obama favorably: “… it is impossible to imagine President Obama making the announcement that President Richard Nixon did on August 15, 1971: ‘I am today ordering a freeze on all prices and wages throughout the United States.’” Williamson notes that Nixon was able to make that announcement because of power invested in him by Congress. Just as Obama has been entrusted with incredible power via such instruments as the IPAB which requires a super-majority of Congress to override its decisions. While Obama is bad, clearly the issue here is that Congress isn’t doing its job either.
Recall that in Federalist #51, James Madison explained that the way the Constitution controls the new federal government, such that “the private interest of every individual may be a sentinel over the public rights”, was to divide the different departments in a way that each had interests sufficiently distinct from one another so as to provide an incentive for each to jealously guard those interests and maintain their power. This system of checks and balances was meant to prevent consolidation of power in any one part of the government.
The problem we seem to have run into since then is when the two most powerful departments combine their interests and secret away their combined powers in an unaccountable regulatory apparatus, safe from the will of the electorate. That the office of POTUS would be willing to do this is to be expected, and indeed is a large part of why there was much resistance to its creation. However, that Congress has done so much to aid and abet the effort is contemptible. Unless and until Congress rights the balance, and vigorously pursues its checking role, the problem will only worsen.
Again, if ObamaCare is so great, why doesn’t anyone want it? And why are the “elite” being exempted?
The latest proof of its undesirability comes from … Congressional staffers. I mentioned this before. They, like the IRS, want no part of this costly boondoggle.
So who rides to the rescue? Why Mr. ObamaCare himself, even while he’s telling the rest of us poor, ignorant schlubs how much we’re going to enjoy his legislative legacy:
Members of Congress and Hill staffers will not lose their healthcare subsidies from the government when Obamacare is implemented because of an exception proposed Wednesday by the Office of Personnel Management.
Under the current system, the government covers most of the cost of healthcare premiums for members and their staffers. But an amendment to the Affordable Care Act — proposed by Iowa Republican Sen. Chuck Grassley — threw those subsidies into question saying that members and staff must enter into the exchanges or be covered by insurance “created” by law.
The potential for staff losing the subsidies led to concerns of “brain drain” from the Hill if staffers left as a result of the increased costs.
We could use a good “brain drain” from the population that has helped bring us this debacle that even they don’t want. But on to the good part … relatively speaking:
Last week, when President Barack Obama came to the Hill to meet with Senate Democrats, he informed them that he would personally get involved to sort out the confusion, and the White House said that OPM would issue guidelines this week.
The guidelines, released Wednesday, allow for members and staff to retain their subsidies from the government, an exception in exchange for giving up “premium tax credits” that they would otherwise be eligible for under Obamacare.
This is what our government has become … the dispenser of favors to the politically favored. Apparently Congress is “too important to fail” and they don’t want to be losing all those brilliant folks who, over the years, have brought us to this state of affairs.
And yet there are fools who will defend this sort of favoritism. Because, you know, government is just a big candy machine for some … if you have the right coins.
That’s the question headlining a Ron Fournier article in National Journal. My first reaction was to laugh out loud. My second reaction was to wonder why it has taken all this time for someone in the press to actually ask that question.
The evidence of his lack of leadership has been on the table for 4 plus years. And for me that’s a double edged sword. On the one side, I’m happy he’s such a dismal leader because it limits what he can destroy. On the other side, especially the policy side both foreign and domestic, it has led to a decline in almost all areas. A decline a real leader will have to address when Obama is finally relegated to history.
Anyway, here’s Fournier’s take:
In March, a reporter asked Obama why he didn’t lock congressional leaders in a room until they agreed on a budget deal. Obama’s answer was based on two assumptions. First, that his opinion is supreme. Second, he can’t break the logjam. What a remarkable combination of arrogance and impotence.
"I am not a dictator. I’m the president," he said. "I know that this has been some of the conventional wisdom that’s been floating around Washington; that somehow, even though most people agree that I’m being reasonable, that most people agree I’m presenting a fair deal, the fact that they don’t take it means that I should somehow do a Jedi mind meld with these folks and convince them to do what’s right."
Obama could still do great things. But not if he and his advisers underestimate a president’s powers, and don’t know how to exploit them. Not if his sympathizers give Obama cover by minimizing his influence. Cover to fail. Not if the president himself is outwardly and boundlessly dismissive of his critics, telling The New York Times, "I’m not concerned about their opinions."
To say the situation is intractable seems akin to waving a white flag over a polarized capital: Republicans suck. We can’t deal with them. Let’s quit.
I’m afraid they have quit—all of them, on both sides. At the White House and in Congress, most Democrats and Republicans have abandoned hope of fixing the nation’s problems. If leadership was merely about speaking to the converted, winning fights and positioning for blame, America would be in great hands. But it’s not.
Well I’m not so sure they’ve quit … or at least Obama hasn’t quit. He has no desire to persuade or do the hard work of a leader and work with Congress. Instead, where he’s headed does give lie to his claim of not being dictator. That’s precisely what he’d prefer to be. And Daniel Henninger brings you that bit of insight:
Please don’t complain later that you didn’t see it coming. As always, Mr. Obama states publicly what his intentions are. He is doing that now. Toward the end of his speech last week in Jacksonville, Fla., he said: "So where I can act on my own, I’m going to act on my own. I won’t wait for Congress." (Applause.)
The July 24 speech at Knox College in Galesburg, Ill., has at least four references to his intent to act on his own authority, as he interprets it: "That means whatever executive authority I have to help the middle class, I’ll use it." (Applause.) And: "We’re going to do everything we can, wherever we can, with or without Congress."
Every president since George Washington has felt frustration with the American system’s impediments to change. This president is done with Congress.
The political left, historically inclined by ideological belief to public policy that is imposed rather than legislated, will support Mr. Obama’s expansion of authority. The rest of us should not.
And Obama is engaged in the systematic demonization of the other two coequal branches of government in order to sway the public toward his dictatorial inclinations:
To create public support for so much unilateral authority, Mr. Obama needs to lessen support for the other two branches of government—Congress and the judiciary. He is doing that.
Mr. Obama and his supporters in the punditocracy are defending this escalation by arguing that Congress is "gridlocked." But don’t overstate that low congressional approval rating. This is the one branch that represents the views of all Americans. It’s gridlocked because voters are.
Take a closer look at the Galesburg and Jacksonville speeches. Mr. Obama doesn’t merely criticize Congress. He mocks it repeatedly. Washington "ignored" problems. It "made things worse." It "manufactures" crises and "phony scandals." He is persuading his audiences to set Congress aside and let him act.
So too the judiciary. During his 2010 State of the Union speech, Mr. Obama denounced the Supreme Court Justices in front of him. The National Labor Relations Board has continued to issue orders despite two federal court rulings forbidding it to do so. Attorney General Eric Holder says he will use a different section of the Voting Rights Act to impose requirements on Southern states that the Supreme Court ruled illegal. Mr. Obama’s repeated flouting of the judiciary and its decisions are undermining its institutional authority, as intended.
Clearly, Obama’s arrogance leads him to believe that a ruler is what we need, not a president. And he’s up for that job, because it doesn’t brook interference and it doesn’t require leadership. Tyranny is the the usual place people who couldn’t lead an alcoholic to a bar end up. And we’re watching that happen now.
Henninger ends his piece with a final, ironic quote:
"To ensure that no person or group would amass too much power, the founders established a government in which the powers to create, implement, and adjudicate laws were separated. Each branch of government is balanced by powers in the other two coequal branches." Source: The White House website of President Barack Obama.
Our Constitutional scholar is now involved in a process to wreck that balance and enhance executive powers to the point that he really doesn’t need Congress or the courts. And a compliant media along will the left will do everything in their power to enable the transition. Because their ideas and ideology would never pass the test of a real democracy and they have little chance of persuading the population to go along with them. So imposition is truly the only route open. That’s precisely what you’re going to see in Obama’s remaining years as president. Executive imposition of his version of laws or, if you prefer, a brand of executive lawlessness unprecedented in our history.
But then, that’s what dictators do, isn’t it?
Jonathan Chait certainly thinks so:
Unlike the last time Democrats threatened to change the Senate rules, and backed down without winning anything, this time they won something important: They broke Senate Republicans’ ability to hold presidential appointments hostage. It’s a total victory for the Democrats.
In fact, Chait says the bottom line is this:
Democrats had proposed to change the Senate’s rules to prevent filibusters on executive branch nominations (but not to ban filibusters of legislation or judicial nominees). They’ve won.
Republicans got one face-saving concession: Democrats have to pick new names for the NLRB. This became an issue because Obama tried to execute an end-run around Congress by appointing them to their positions when Congress was functionally, though not technically, in recess, and was struck down by the Republican-controlled D.C. circuit court.
You can obviously tell which side Chait comes down on if you didn’t know before. The D.C. circuit court struck it down not because it is “Republican-controlled” but because the appointments were Constitutionally illegal. By the way, so did the Third circuit court.
But it leaves us with a very interesting question. If the Democrats agreed to have two new appointments made to the NLRB, aren’t they at least tacitly admitting the current two appointments are illegal? And if so, what does that make any rulings the current NLRB made during that time it was illegally constituted? Common sense says those rulings should be invalidated, don’t you think? And that’s what Cablevision is still asking. It was one of the companies this illegally constituted board issued a ruling against:
“The role of Congress is to ensure a balanced NLRB and the Obama Administration bypassed Congress in order to stack the NLRB in favor of Big Labor. Two different federal courts — the D.C. Circuit and the Third Circuit — have established that the NLRB is illegally constituted and has no authority to take action. The NLRB continues to ignore these rulings, and we ask the Supreme Court to compel the NLRB to immediately halt its unlawful proceedings against Cablevision.”
Will anyone address this? Will anyone actually take action to annul these rulings from an illegally constituted board? Or, as usual, will we see it ignored, the injustice shrugged off and the usual lack of accountability further enshrined in our political culture?
You remember the post I did about the presidential appointments to the NLRB that were deemed by all but the Democrats to be illegal?
Well, there’s a move afoot to use what is being referred to as the “nuclear option” to fix that. The Washington Examiner explains:
Senate Democrats are considering invoking the so-called “nuclear option,” which would curb the minority party’s use of the filibuster and prevent Republicans from blocking presidential nominations.
Senate Majority Leader Harry Reid, D-Nev., signaled privately to President Obama that he may change Senate rules this month so it would take only 51 votes – instead of the current 60 – to approve judicial and executive branch nominees.
Democrats now control 55 Senate votes. Republicans have 45, but the GOP often still asserts itself by using the filibuster to keep nominations or legislation from coming to a vote.
Republicans charge that imposing the nuclear option would virtually eliminate the minority party’s chief means of keeping the majority in check and jeopardize any potential bipartisan agreements on top-priority legislation, including immigration reform, the budget and tax reform.
So, what would happen in the case of the NLRB appointments? If Reid (who by the way, adamantly opposed such a rule change when he was in the minority and spoke eloquently - well as eloquently as is possible for Harry Reid – about how it destroyed the rights of the minority) does this, then 51 Democrats will dutifully line up and “legalize” the NLRB without the minority party having had any voice in the matter.
That’s not how our republic was supposed to function. In fact, our founders were just as adamant as Reid was previously about minority rights. James Madison wrote in Federalist No. 10, “the great danger in republics is that the majority will not respect the rights of minority.” President Thomas Jeffersonproclaimed in his first inaugural address, “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate which would be oppression.”
Reid, of course, now believes that to be poppycock. Instead he’d prefer that the minority simply hush and let he and the Democrats appoint whomever they wish whenever they wish. Of course, we all know how quickly his position would change should he suddenly become the minority leader again. And that should tell you all you need to know about why this is a terrible idea and one that he nor the Democrats would stand for were they on the other side of the line.
But then, political expediency seems to trump statesmanship today and we’re all the worse for it.
UPDATE: Ah, the other shoe drops:
The Hill reports: “The nuclear option strategy is gaining momentum in the Senate in part because of growing pressure from organized labor, which wants Reid to break the impasse over the NLRB. AFL-CIO President Richard Trumka … will call for rules changes at the Center for American Progress, a Democratic think tank, Wednesday morning.”