661.) President Obama has been reminded that he is not a king, he is but one part of a three part system, a system that functions on the principles of checks and balances. A three judge panel of the US Court of Appeals for the DC circuit ruled that President Obama did not have the authority to appoint three members to the NRLB last year. President Obama claimed that he made the appointments legally because the Senate was away on a 20 day recess. However the court ruled that the Senate had technically remained in session when it gaveled in and out every couple of days in what are known as “proforma sessions”
So what does this mean, well right now nothing. President Obama can still appeal this decision to the Supreme Court. However, if it is upheld this decision could have reaching affects. If President Obama does not appeal this decision (I can’t see why he wouldn’t), or if the Supreme Court up holds this ruling, the decisions made by the NLRB over the last year will become invalid. Furthermore it will shut down the board, as it cannot operate with fewer than three out of five members. If this decision is upheld that means that there would only be on legitimate member sitting on the board. Another interesting point to consider, is that if this decision is upheld, it would also cast doubt on the validity of Richard Cordray’s appointment to head the Consumer Financial Protection Bureau. As Mr. Cordray was appointed on the same day as the three members of the NRLB.
This is something that just eats at President Obama. The fact that there are rules and laws that exist to contain the ravenous beast that is government. He cannot seem to understand that the President is not the king of this nation, he is not all powerful, he cannot create law. He just cannot seem to get over the fact that he can merely enforce the laws passed by congress. This tactic that was used to prevent the appointments of these four individuals is nothing new, it has been used many times by both Republicans and Democrats alike. It is part of the checks and balances that our nation has. Like it or not, that is how the game works. The congress has checks on the executive branch, the legislative branch has it checks on the executive and legislative branches. The system was not designed to make President Obama’s administering of his radical agenda easy, it was intended to make it hard for radicals to take our rights. It was designed to be slow, so that reckless actions such as the Stimulus Bill don’t happen, some times the system fails, some times the system works. Call it what you will, but this is a great triumph of liberty over the dangerous growth executive power.