Bully For Him!
By Carl
It's about time he stood up to the bullies.
As Jonathan Chait points out at the linked article,
So, recognizing that Congress is simply treating every negotiation as a zero-sum contest undertaken with the goal of defeating him, Obama has abandoned any hope of negotiation or legislative progress.
The question must still be asked, what took him so long?
When the minority leader in the Senate has stated, without apology or retraction, that the primary aim of the party is to make Obama a one-term President, the gloves should have come off right there and then. Granted, McConnell said that while the Democrats controlled both houses of Congress, so it could be construed as hyperbole, still you have to be an idiot to believe that, given half an opportunity, which Republican literally were, there would be little compunction to press that agenda.
Apparently, Obama is an idiot. Certainly, he's had ample other opportunities to simply ignore these pro-forma "sessions" of Congress and place advisors, judges and other officials into offices that desperately begged for leadership.
Again, Chait: "[A]llowing Congress to functionally eliminate full-passed laws simply by denying the president any appointments to carry them out is a dangerous precedent that Obama would be derelict if he allowed to stand."
A violation of the Constitutional separation of powers: the legislature having legally passed a bill that the president signs into law cannot void that bill later by refusing to administer it. Administration falls under Article II of the Constitution proper.
Interestingly, any legal challenge to Obama's action (the US Chamber of Commerce has already threatened this) would likely be denied under Section 3.2 of Article II, which states a President may declare Congress adjourned if the parties cannot sort out an adjournment date.
So again, the question needs to be asked, for Christ's sake, why hasn't this been done earlier?
It's not like there was some grand agenda that required the felicitations of the Republicans. It's not like now there's a suddenly clear path. It's as if this lumbering giant woke up and said "Oh. Get in my way, willya?"
Thinking on this just makes me angrier and angrier. What say you?
(crossposted to Simply Left Behind)
posted by Carl at
10:12 AM
5 Comments:
"The question must still be asked, what took him so long?"
Fairly easy to answer that one. This is nothing other than the re-elect strategy. His only hope is to paint the GOP control of one house for one of the three years of his presidency as the reason he has had a failed so far. He is well aware that people will vote based on their situation come next November. He also aware that their situation is not likely to be much better than it is today. He has to attempt to deflect the blame that all incumbent Presidents get even for things beyond their control. Remember when oil prices spiked under W and the left blamed him for "rewarding his oil field buddies"?
I am sure that Chait is well aware of this and perhaps so is Carl however the hope for left wing media types is that the strategy of Obama against congress can be sold convincingly to the public. The unanswered question will be...if Obama could not get anything accomplished due to the hostility of the GOP in congress then how does he plan to get anything done with even larger GOP control after his (hopeful) re-election? This latest "in your eye" move in the not quite recess appointments could backfire though as the legality of this move is being questioned. Even by some on the left. Imagine if he had to roll back the appointments due to a successful challenge. Could be interesting and embarrassing.
By
manapp99, at 10:54 AM
"When the minority leader in the Senate has stated, without apology or retraction, that the primary aim of the party is to make Obama a one-term President, the gloves should have come off right there and then."
Well, gee wiz, that was the thought process of the Democrats prior to the 2004 election. Kinda sucks when the shoe is on the other foot, eh?
And that will surely be the position of Democrats when a Republican wins in 2012. They'll do everything, whether as a minority or majority party, to block that Republicans agenda. Last time I checked, it was called....politics. But, you Liberals really do not like it when you are subjected to the same treatment you give to Republicans.
By
William Teach, at 12:00 PM
I think in this case what prevented him from making recess appointments was that the Senate was not in fact in a recess. According to their rules, they were still in session- in fact, the Senate actually was in session on Tuesday, hours before Obama's 'recess' appointments- they were called to order at 11:01 AM, they engaged in legislative and executive business, and they adjourned over an hour later after completing the session's business. You can view the calender entry for their session at http://www.senate.gov/legislative/LIS/floor_activity/floor_activity.htm
So, perhaps Obama was previously restrained by the fact that he does not have the ability to make recess appointments when the Senate is still in session, but now he just doesn't care and he is willing to break the law and act in an illegal and unconstitutional manner?
By
A Conservative Teacher, at 6:00 PM
I wonder what constitutional law professor Obama would have been teaching his students if a GOP president had done exactly what he just did with these appointments?
By
manapp99, at 10:32 AM
You Democrats are a short-sighted bunch.
But that goes without saying, I suppose, since your philosophy of Utopianism has failed every time it's been tried throughout all of human history. But, I digress.
The point is that Democrat Congressional leaders are allowing Barack Obama to absolutely shred Constitutional limits on the Executive Branch -- without so much as a whimper -- and it is destined to come back and haunt them.
Consider the following hypothetical situation: Justice Ruth Bader Ginsburg has retired and a seat on the Supreme Court is open.
Late one night, President Santorum declares the Senate in recess. He appoints a new Supreme Court Justice who just happens to be Miguel Estrada, a wonderful originalist judge.
After all, the precedent has been set by Obama.
By
Anonymous, at 8:27 AM
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