The so called brilliant Constitutional Law Professor/Community Organizer and now President of the United States just received his grade on applied constitutional law and it couldn’t be worse. The nine Supreme Court Justices gave President Obama an unqualified F.
Yesterday the Supreme Court ruled, in a surprising unanimous decision, President Obama exceeded is constitutional authority when he appointed three members of the NLRB (National Labor Relations Board) via a recess appointment protocol. Simply put, Obama wanted three radical union supporters on the board of the NLRB and new his nominees would not make it through the Senate review process because of their radical views. Not one to be stopped by the law or congressional processes Obama exercised his right to make recess appointments and placed these three individuals on the board of the NLRB. The Constitution does give the president the right to make needed appointments when the Senate is not in session. The problem here is the Senate said it was not in recess at the time Obama made the so called recess appointments.
The Supreme Court agreed with the Senate that they not the president decide when the Senate is in session and when it is in recess. WOW! What an incredible idea—the president runs the Executive Branch and the Congress runs the Congress. Sound familiar? It should, it is called separation of powers a critical underpinning of the representative government the Founding Fathers gave us.
You would think that someone who taught Constitutional Law in college would know this. And you would be right but in Obama’s case knowledge does not drive decision-making process. His experience as a community organizer shapes his world view and his knowledge of the law is used to obfuscate the boundaries separating the three co-equal branches of government to do whatever he wants to do, because it is for the good of the people. Good as he sees it from the vantage point of a community organizer.
Well Mr. President, it is nice to see people who really know the law and work to enforce it agree that you were way off base and deserved and F. Nine community organizers would probably have given you and “A” but when NINE Supreme Court Justices agree on a point of law there is no intellectual wiggle room for you and your regime to spin it.
Seems to me that the application of commonsense would have avoided this constitutional conflict—simply put, if the Constitution says something explicitly, doing something different is unconstitutional.