Severe Constitutional Crisis at Hand

Last week, Obama was campaigning at Shaker Heights High School in Ohio on Wednesday. He gave a speech to the students there, and the whole speech seemed to climax at one sentence:

“But, when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, that I have an obligation as president to do what I can without them.”

Do you understand what he just said? Let’s show that again.

“But, when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, that I have an obligation as president to do what I can without them.”

So, let’s see what he just said. “But when Congress refuses to act…” Alright, stop right there. Congress refuses to act all the time! It doesn’t matter who the president is or which party controls Congress. They’re exercising a constitutional power right there by not acting. “…And as a result hurts our economy and puts our people at risk,” – whatever that means (have you been put at risk by this Congress? I haven’t.) – “I have an obligation as president to do what I can without them”.” So he just told you that he has decided to completely change the responsibility of the president. This is coming out of the mouth of a dictator!

So, in other words, he’s saying “If Congress doesn’t do what I want it to do, then I have the obligation to do it without them.” Oh really?

And we’re continuing on with his speech.

“I have the obligation to act on behalf of the American people.”

Right. You do. How do we know if you’re acting on behalf of the American people, or on behalf of yourself and your political agenda? Because you say so? Who can tell? Is there supposed to be a new government agency to decide if the President is acting on behalf of the American people or not? That’s not for one person, Obama, to decide. And he’s never acted on the American people’s behalf – he’s always acted on his own behalf.

“And I’m not going to stand by while a minority in the Senate puts party ideology ahead of the people that we were elected to serve.”

This was one of the reasons that the Senate was set up – so that a minority can slow down the process! This is what the Democrats did every single day under George Bush, under his father, under Reagan; its whole purpose is to slow the process down. But no, Obama doesn’t want to wait – he wants to seize lots power as fast as he can, before any Republican can stop him.

And what sparked this controversy? Well, I’ll tell you.

Obama shakes hands with Richard Cordray.

On Wednesday, President Obama made what is called a recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB). A recess appointment is, by definition, an appointment of someone to a key position in government while Congress is in recess. Here’s the U. S. Constitution (for all of you bozos who haven’t read it yet):

“…and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law…”

In short, the president needs to have approval from the Senate to appoint Cordray. Here’s the Constitution on recess appointments:

“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

Does that say anything about permanent appointments to the head of unapproved bureaus? No! But here’s the thing: The Senate was not in recess. It was in what is called a pro forma session, where a senator sounds the gavel every three days, which counts as a session, but they don’t really discuss anything. This tactic was used multiple times by the Democrats during the Bush administration, to block any potential recess appointments. Here’s the Constitution on Senate recesses:

“Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.”

So what that says is that neither house of Congress is allowed to adjourn for more than three days without the approval from the other house. So when the Senate adjourned and asked for a recess, John Boehner and the majority in the House of Representatives lawfully withheld that approval.

In short, that means that the Senate was not in recess. It was not allowed to go on recess. So they, like many congresses before them, used the pro forma tactic, which is completely legal.

Obama and his aids claim that the Senate was in recess, and therefore his appointment of Cordray was legal. But as I just said, it was not in recess! The Republican majority in the House denied the Senate the freedom to adjourn for recess during the holidays. Republicans are outraged, and they point out that they were in session using pro-forma sessions. In fact, during one of those sessions attended only by two Democrats, those senators voted unanimously to pass the bill for extending the 2011 payroll tax cut for two months, which the Republicans in the House and Senate opposed because they wanted to extend it. Obama signed that bill into law just two hours later.

If the Senate is in session, the president does not have the authority to appoint people by himself. If he does, that is illegal.

Let me show you that entire chunk of Obama’s speech. This time, pay attention please.

“…But, when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, that I have an obligation as president to do what I can without them. I have the obligation to act on behalf of the American people. And I’m not going to stand by while a minority in the Senate puts party ideology ahead of the people that we were elected to serve.”

To whittle down on and weed out the baloney in the quote, let me show you it in simpler terms.

“If I don’t like what Congress is doing, then I’ll do it on my own.”

Those are the words of a dictator. This could just as easily be said by Hugo Chavez or Fidel Castro.

After he appointed Cordray, he went even further and appointed three people to fill vacancies in the National Labor Relations Board – the same board that restricted Boeing to build a plant in South Carolina, the same one that is out of control – using his same tactic.

The Senate has to give its “Advice AND Approval” to any appointments the president would suggest. That doesn’t mean that if it doesn’t approve, the president can just go on without their approval. No! Obama has just broken the law four times, and violated the Constitution which he swore to uphold. The Senate did not like the CFPB, and therefore did not approve of it! But now, Obama is saying “If you don’t like who I sent to you for approval, then I’ll appoint him anyway.”

And of course, Democrats are praising Obama for being ‘bold.’ How many times have you heard people like Pelosi or Reid use the word ‘bold’ in describing Obama in these past few days? A lot. But I do not see what in the world is bold in violating the Constitution! Without the approval of the House, the Senate cannot go on recess. Without the approval of the Senate, the president cannot appoint people! This is a complete breach of the checks and balances that our founding fathers put in place! Obama is appointing Democrats to the Supreme Court left and right, and he’s completely bypassing Congress – if something doesn’t happen quickly, I don’t see what will stop Obama.

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