Tyranny’s Friend


The greatest enemy that exists to freedom is tyranny. Tyranny is above the law, ignores the law, makes up its own rules, steals power from others elected to govern, and defends the actions of lawless men. President Obama has increasingly shown himself to be a lawless man, whether its failing to enforce laws he doesn’t approve of (see DOMA, immigration) or making up his own rules. We are either a nation of laws or a nation of men. We can’t be both.

The president’s recent appointment of unvetted candidates to head bureaucratic agencies with broad regulatory authority without the advice and consent of the U.S. Senate is just the latest example that he is turning us from a nation of laws into a nation of men. This skirting of the Constitution is not only unprecedented in our history, but it fits the very type of executive fiat that is almost exclusive to banana republics.

Liberals, leftists, and apologists for the Democratic Party have tried to downplay the concern by confusing the issue and slyly spinning the president’s non-recess “recess appointments” as some ambiguous legal matter open to broad interpretation. It’s not. The arguments they have mounted are weak and ill-advised. They are made not out of a desire to defend America’s Constitution or the Republic for which it stands, but to defend one single ruler with which they sympathize. President Obama’s actions and their successful defense of them could be the downfall of our representative democracy, bringing an end to the checks and balances that keep our government from abusing power.

The left’s first inclination is to compare anything President Obama does to George W. Bush, because of course Barack Obama ran on four more years of governing exactly like Bush. But any comparison to President Bush’s appointments falls flat. President Bush never made a recess appointment during a pro forma session. In fact, the pro forma sessions were started by Harry Reid to prevent President Bush from making recess appointments. Even Harry Reid won’t dispute this.

The left has also attempted to justify Obama’s actions by blaming Republicans. This argument goes something like, “well, he tried to do it the right way, but Republicans are too much of obstructionists, so he had to bend the law.” Okay, first off, either you have principles or you don’t. You don’t just have principles when its convenient. Secondly, Democrats used the same tactics to bottle up President Bush’s appointments, and yet the conservative leader most vilified and despised by the left in the last 30 years, called everything from “illegitimate” to “Hitler”, never felt compelled to make such an overreach.

More importantly, two of the appointments President Obama made to the NLRB were new names that have not had a chance to be interviewed by the U.S. Senate. In other words, their appointments hadn’t stalled anywhere.

While recess appointments have been ruled constitutional, that doesn’t mean they aren’t ripe for abuse. It’s true that both President Clinton and Bush made over 100 of them, but none occurred while the U.S. Senate was actually in session (pro forma or not).  Further, it has been generally agreed by legal advisors to the last three presidents, including Obama’s own Justice Department, that a recess must last longer than three days for a president to enact his recess appointment authority.

Frighteningly, President Obama has thrown all the rules out the window and challenged the Senate’s power to approve any presidential appointment at all. Based on this new logic, he could make an appointment while the Senate adjourns to lunch. Not needing any votes of confirmation, one supposes he could even appoint whomever his leftist heart desires to the Supreme Court. Sure, it all sounds like fun and games to clowns like Jon Stewart, but some of us take this kind of fundamental shift in power seriously.

The left has never been a big fan of the Constitution, seeing it as an obstacle to all the Big Government they are sure we must desire, but let’s take a look at it anyways. Article 1, Section 2 is very clear:

“He (the President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.”

Since the nation’s founding, the U.S. Senate has had the power to reject poorly vetted presidential appointees. Even the great George Washington’s nominees faced scrutiny, proving no one is above reproach.

By skirting the U.S. Senate, President Obama has challenged the very core of our system of government, and it was not by accident. If he had acted just one day sooner, the president could have tempered this crisis by at least making an intersession appointment. While still shorter than the usually agreed-upon three day recess, he would have at least had Teddy Roosevelt’s precedent from 1908 to stand on, albeit under completely different circumstances. Instead, the president waited to make an intrasession appointment during the shortest of short recesses. There’s only one logical reason for this, and that’s to permanently seize power from a legislative branch that has repeatedly been a roadblock to much of his socialist-progressive agenda.

If Obama’s actions are allowed to stand, it opens the door for him or any future president (should we be so lucky) to appoint whomever he wants to any bureaucratic or judicial position without the consent of any other elected representatives. Congress, the closest government body we have to the voice of the people, will be weakened to a whisper, and the president will be more empowered to act like a monarch or despot. The decisions of 1 man will be greater than the voices of 535 members of Congress, greater than the voices of 50 states, and yes, greater than the people. Tyranny has a friend in the Oval Office and his name is Barack Obama.


2012 What Will It Be


The professional doom peddlers would have us believe that because a certain Mayan calendar ends on December 21, 2012 the world is going to end.  With a bang or with a whimper they aren’t sure, but if you will just buy their book, CD, DVD, cruise, or survival pack the end of the world will somehow be better.

I’m not sure how making piles of more money just before the world is going to end makes a great deal of sense, but then again I’m not wise enough to know the world is going to end with enough lead time to produce my spiffy world ending products that people can buy on credit so what do I know?

Even the Mayans have been caught up in the world ending money making marketing frenzy.  They are hosting tours and throwing a year-long party even though they know, and they used to point out, that the apocryphal reference in one ancient calendar actually refers to the end of an age not the end of the world.  And the big secret anyone who has studied Mayan culture knows and the doomsday charlatans don’t want us to share is that the Mayans actually had numerous calendars and they don’t all agree.  The so-called long calendar is reset to day 0 every 1,872,000 days.  This is known as The Great Circle.  The next reset date is December 21, 2012.   Many cultures believe in ages. Even presumably educated, though not commercially prophetic, Historians speak of the Age of Enlightenment, the Bronze Age, the Iron Age, etc.

The charlatans pontificate about the advanced astronomical calculations of the Mayans.  It is true they made accurate astronomical observations and for their time were one of the most advanced pre-telescope cultures on earth.  However their understanding of these observations was not along the lines of modern cosmology which is the study of the physical universe considered as a totality of phenomena in time and space.  It was less Astronomy and more Astrology.  Ultimately the fact that one of the Mayan calendars ends this year is about as relevant to the unfolding of reality as the fact that this is also the year of the Dragon according to the Chinese calendar.  This isn’t prophecy it is Profit-cy and the theme song of this cottage industry is the cha-ching of the cash register.

And while the calendar hanging on my wall says, “Don’t Step in the Leadership” which aptly describes what we have experienced for the last few decades. Any calendar’s predictive value for 2012 shouldn’t be taken too seriously.

So what does 2012 hold?  Will it be boom or will it be doom?  Will it be morning in America or will it be mourning in America?  Will we reclaim our place in the sun or will we continue our precipitous slide into the dustbin of History?  The answer to all these questions is the same: it depends.

It depends on whether the American electorate once again allows their hope for change to lead them to the hopelessness of more of the same.  Or will we rise above faction, self-indulgence and the mass hypnosis of demagogues and demand that our beloved nation return to its roots.  Will we demand that our government is once again limited, our liberties secure, and our economy free or will we fall for the siren song of “Spreading the wealth around” and sink into the morass of collectivism that has swallowed the hope of millions?

Looking to the Left all we see is the ultimate realization of the Progressive’s generational dreams of a centrally-planned regimented society based upon the dictum of “From each according to the ability to each according to their need.”  All we can look forward to under a second Obama Administration is a continued slide into the shoddy future of redistribution, political correctness, and loss of international prestige.

Somewhere amongst the challengers, the Republicans must find someone who is ready to re-invigorate the Constitution limiting government and securing the blessings of liberty for ourselves and our posterity.  Somehow the Republicans must see through the smoke and mirrors of the Corporations Once Known as the Mainstream Media attempting to pick a suitable second place finisher to their previously chosen leader.

Even before the election we are faced with a power-grab by the administration of staggering proportions.

First there is the 2012 Defense Appropriations Bill ( NDAA 2012) which contains an amendment allowing the use of the military to arrest and confine American citizens indefinitely if they are accused of being a terrorist or of supporting terrorism.

As we look upon the Constitution voiding legislation passed as part of the NDAA 2012, it should be pointed out, though President Obama threatened to veto the bill, according to the amendment’s co-sponsor Sen. Carl Levin the controversial language inserted into the bill were lobbied for by the Obama White House.  This was a bi-partisan effort to gut the effectiveness of the 4th and 5th amendments, the other co-sponsor being, Republican John McCain once again reaching across the aisles to limit American freedom.

As bad as this monstrous bill is it was accompanied by a signing statement.   President Obama’s use of signing statements continues the George W. Bush legacy of de facto rule by “executive fiat.”   Often signing statements declare the intent of the executive to interpret laws in directions they were never intended to go.  At times they are used to in effect nullify the very laws just signed.   Further, Barack Obama has backtracked on his campaign promise not to use signing statements and executive orders to circumnavigate legislation signed into law.

What this inside-the-beltway maneuvering means is that President Obama has signed a law which gives him the power to detain indefinitely American citizens arrested on American soil, a provision he lobbied for while ingenuously criticizing.  He has issued a signing statement which acknowledges the receipt of the power he sought while promising not to use it for “military” detention.  Some are calling this the martial law bill instead of the NDAA 2012.  Whatever you call it, its implications are chilling, and I must admit I never thought I would live to see such a blatant assault upon our constitutional liberties introduced let alone passed in the Congress of the United States and signed by an American president.

Some have recently told this observer when discussing the unconstitutional aspects of this new federal power, “If they’re terrorists lock them up and throw away the key.”  How could such a provision affect you?   As one recent headline tells us, “Woman allegedly accuses man with Arabic surname of terrorist plane threat after he ends 4-day fling.”  Who might accuse who of what, might end up being a new question in a fundamentally transformed America.

Then there is President Obama’s decision to rule without Congress.  He has announced this intention repeatedly as part of his “We can’t wait” offensive.

He is now beginning to make recess appointments while Congress is still in session.  If this is allowed to stand the limits to the president’s power will be hard to locate.  He has taken us to war without Congress, he appoints without Congress, what is it that he cannot do?

We don’t need Mayan calendars or other gimmicks used by the doom and gloom profit seekers to tell us that 2012 may well spin out of control on many fronts.

Nothing sums up the Federal spending addiction which is driving us off the cliff better than the comment a Postal worker recently made to this observer after moaning about the possible closing of their tiny rural post office due to shortfalls in the USPS budget, “They print money don’t they?  Why don’t they just print some more?”

2012, a President determined to rule without Congress, no end to the spending in sight, legislation which could easily turn into martial law, an election choice between Tweedledum and Tweedledee.   2012 what will it be: boom or doom?  Will it be rebirth or revolution?  The choices we make, in this the most decisive election of our generation, will decide which way we go.  Will we re-limit our government, or will we be swallowed by a bloated federal government?

Dr. Owens teaches History, Political Science, and Religion for Southside Virginia Community College.  He is the author of the History of the Future @ http://drrobertowens.com © 2012 Robert R. Owens drrobertowens@hotmail.com  Follow Dr. Robert Owens on Facebook or Twitter @ Drrobertowens


UPDATED: Ezra Klein’s Blog Gets it Wrong on Recess Appointments


Ezra Klein responds via Twitter. See below.

There’s so much wrong in this column from Ezra Klein’s blog at the Washington Post that it’s hard to know where to begin. Ezra is waxing partisan about the recess appointment of Richard Cordray to be President Obama’s head of the Consumer Financial Protection Bureau, trying desperately to find some justification for this unprecedented flouting of the Constitution. But Master Klein plays too fast and loose with the facts, even for a liberal wunderkind.

Let’s try to take them one at a time.

Read More →


Union Bosses Applaud Obama’s Unconstitutional Appointments to Union-Controlled NLRB


On Wednesday afternoon, the current President of the United States did what may be described as an unconstitutional end run around the United States Senate by “recess appointing” three nominees to the National Labor Relations Board (as well as to the Consumer Financial Protection Bureau) even though the Senate is not in recess.

Notwithstanding the CFPB appointment, Obama’s seating of the three NLRB appointees—two of whom are  ardently pro-union and demonstrate Obama’s ongoing willingness to continue his union-backed carpet-bombing campaign on millions of job creators—drew immediate fire U.S. House Education and the Workforce Committee Chairman John Kline (R-MN), who stated:

“President Obama’s stunning move to install not one but three new members to the National Labor Relations Board without a hearing or a vote in the United States Senate is an unprecedented abuse of power and an affront to the will of the American people.

Read More →


Union Bosses Applaud Obama’s Unconstitutional Appointments to Union-Controlled NLRB


On Wednesday afternoon, the current President of the United States did what may be described as an unconstitutional end run around the United States Senate by “recess appointing” three nominees to the National Labor Relations Board (as well as to the Consumer Financial Protection Bureau) even though the Senate is not in recess.

Notwithstanding the CFPB appointment, Obama’s seating of the three NLRB appointees—two of whom are  ardently pro-union and demonstrate Obama’s ongoing willingness to continue his union-backed carpet-bombing campaign on millions of job creators—drew immediate fire U.S. House Education and the Workforce Committee Chairman John Kline (R-MN), who stated:

“President Obama’s stunning move to install not one but three new members to the National Labor Relations Board without a hearing or a vote in the United States Senate is an unprecedented abuse of power and an affront to the will of the American people.

Read More →


President Obama to flip-flop on recess appointment?


CNN is just now reporting that the President plans to recess appoint Richard Cordray to head the Consumer Financial Protection Bureau.  Such a recess appointment was previously assumed to be impossible, given that: the assumed minimum length of time is three days; and the Senate is deliberately meeting every two days in order to prevent recess appointments during that time period.  The Hill helpfully notes (via @RBPundit) that the three-day limit is actually from the Clinton era: they also note that Obama’s then Solicitor General noted the three-day rule during Supreme Court arguments (Politico gives the case as being New Process Steel, L.P. v National Labor Relations Board).  That his administration is now going to reverse themselves on this should come as a surprise to nobody; neither should it be a surprise that this administration apparently has absolutely no awareness whatsoever that their actions will have consequences that will make Democrats curse this White House for the next thirty years.

That’s pretty much it, except for one final note: ever hear of “unanimous consent,” Mr. President?  No?  Well, you will.

Moe Lane (crosspost)


President Obama to flip-flop on recess appointment?


CNN is just now reporting that the President plans to recess appoint Richard Cordray to head the Consumer Financial Protection Bureau.  Such a recess appointment was previously assumed to be impossible, given that: the assumed minimum length of time is three days; and the Senate is deliberately meeting every two days in order to prevent recess appointments during that time period.  The Hill helpfully notes (via @RBPundit) that the three-day limit is actually from the Clinton era: they also note that Obama’s then Solicitor General noted the three-day rule during Supreme Court arguments (Politico gives the case as being New Process Steel, L.P. v National Labor Relations Board).  That his administration is now going to reverse themselves on this should come as a surprise to nobody; neither should it be a surprise that this administration apparently has absolutely no awareness whatsoever that their actions will have consequences that will make Democrats curse this White House for the next thirty years.

That’s pretty much it, except for one final note: ever hear of “unanimous consent,” Mr. President?  No?  Well, you will.

Moe Lane (crosspost)


NLRB Watch: Collusion Investigations & Another Union Nomination


Because there are several significant things going on with President Obama’s National Labor Relations Board, rather than doing several posts, the following is a summary of the more important issues this week:

Barking Up The Wrong Tree on Boeing Issue?

When the new four-year contract extension between Boeing and the Machinists union was ratified earlier this month, part of the agreement was that the union would withdraw its complaint with President Obama’s National Labor Relations Board over the opening of the company’s non-union facility in South Carolina. As is fairly common in unfair labor practice cases, once the Charging Party (the union in this case) withdrew its charge, the NLRB dropped the matter.

The fact that the NLRB dropped its complaint against Boeing has fueled speculation that the NLRB and the union were colluding all along.

While collusion between the union and the NLRB is certainly possible, the NLRB’s dropping of the complaint against Boeing is hopefully not the basis for the investigations that are being called for by Senator Graham [R-SC] or Congressman Issa [R-CA].

Read More →


NLRB Watch: Collusion Investigations & Another Union Nomination


Because there are several significant things going on with President Obama’s National Labor Relations Board, rather than doing several posts, the following is a summary of the more important issues this week:

Barking Up The Wrong Tree on Boeing Issue?

When the new four-year contract extension between Boeing and the Machinists union was ratified earlier this month, part of the agreement was that the union would withdraw its complaint with President Obama’s National Labor Relations Board over the opening of the company’s non-union facility in South Carolina. As is fairly common in unfair labor practice cases, once the Charging Party (the union in this case) withdrew its charge, the NLRB dropped the matter.

The fact that the NLRB dropped its complaint against Boeing has fueled speculation that the NLRB and the union were colluding all along.

While collusion between the union and the NLRB is certainly possible, the NLRB’s dropping of the complaint against Boeing is hopefully not the basis for the investigations that are being called for by Senator Graham [R-SC] or Congressman Issa [R-CA].

Read More →


Republican Freshmen Say ‘No’ to Obama’s Recess Appointments


Rep. Jeff Landry (R-LA) has led a group of 77 Freshmen Republicans in an effort to block President Obama’s use of the recess appointment for the remainder of 2011.

The coalition letter to the House Republican leadership (pdf link) contains this pledge:

Rep. Landry’s statement, in part:

Read More →