Published February 16, 2013
Obama is evading constitutional checksJAMES A. WINTERSTEIN
Among the principles that set the United States apart from other countries is that we are “a nation of laws, not of men.” So it is disturbing that President Barack Obama disregarded the Constitution by appointing members to the National Labor Relations Board without obtaining the advice and consent of the Senate. Obama contends that the Senate was in recess, but the Senate was not in recess; it was holding what it called pro forma sessions. The Court of Appeals for the D.C. Circuit unanimously agreed that Obama violated the Constitution in making these appointments. Ironically, Democrat senators had used this same procedure to prevent President George W. Bush from making similar recess appointments. It is also disturbing that Obama, in his frustration with Congress for not enacting legislation he wants, tries to bypass Congress and instead use agency rules or executive orders to unlawfully impose his policies against the will of Congress. He has done this with student loans, Obamacare waivers, home foreclosures, illegal aliens, citizens rights under the First and Second Amendments, DOMA and many other issues. The constitutional checks and balances have been evaded time after time by the Obama administration, seizing executive power and dangerously undermining the rule of law.