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Obama ignores the Constitution

The one thing that has made the United States the longest running and most respected democracy the world has ever known is our Constitution.

This document provides for three separate and equal branches of government - legislative, judicial and executive - but also for checks and balances that prevent one branch from dominating the other two.

One of these checks requires Senate confirmation of certain executive appointments. The most significant of these is that of Supreme Court justices.

Another example is the National Labor Relations Board.

A most recent example of the power and authority of this board is when Boeing decided to move a significant part of its business to South Carolina.

Labor appealed to the NLRB to halt the move.

The board, dominated by  members representing labor, did halt this move and only after numerous concessions by Boeing did it permit the move.

The Constitution permits executive appointments without Senate confirmation when it is not in session. Though the Senate was in session, President Obama made three appointments to the five-member NLRB on Jan. 4, 2012.

These were recently ruled unconstitutional by a federal appeals court. Now Obama's NLRB has taken the position that "it disagrees with the Court's decision and will continue to perform its duties."  

This just another example of Obama's contempt for the constitutional limits on his power.

His Environmental Protection Agency has imposed many rules that have been overturned by federal courts that ruled the EPA exceeded its authority.

One recent EPA mandate - that chicken farmers get a clean water permit to exhaust dust from chicken coops into the atmosphere - was dropped by EPA because they realized that the Clean Water Act did not grant them such authority.

Many of Obama's proposed restrictions on burning of carbon fuels has failed to gain congressional support.

He has announced that even though he does not have legislative approval, he will, by executive authority, put a price and create a tax on carbon.  

Frank Deem

Vienna

 


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