Obama’s arrogance of power

Ask most anyone what is the one thing which has made the United States the longest running and most respected democracy the world has ever know and they probably tell you it is our Constitution. This document not only provides for three separate and equal branches of government-legislative, judicial and executive – but also provides for checks and balances which prevents one branch from dominating the other two. One if these checks requires Senate confirmation of certain executive appointments. The most significant of these is that of Supreme Court Justices.

Another example of required Senate confirmation is that of members of the National Labor Relations Board. This board is intended to require that laws having to do with labor relations to be fair to both industry and labor. A most recent example of the power and authority of this board is when the Boeing company, headquartered in the state of Washington, decided to move a significant part of its business to South Carolina, a state more favorable to industry. Labor protested and appealed to the NLRB to halt the move. The board, being dominated by a majority of members representing labor, did in fact 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. Even though the Senate was in session President Obama did make three appointments to the five member NLRB on January 4, 2012. These appointments were recently ruled unconstitutional on by a Federal Appeals court. Now Obama’s NLRB Board 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 arrogance of power and his contempt for the constitutional limits on his power. His Environmental Protection Agency has invoked many rules which have been overturned by the Federal courts which have ruled that the EPA exceeded its statutory 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 have 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