- - Thursday, February 18, 2016

ANALYSIS/OPINION:

It seems every time a question arises regarding our Constitution and the actions of our current president, Democrats and all their friends and allies in the liberal media remind us that President Obama is an expert in constitutional law. Mr. Obama often reminds us himself, saying he was a law professor. In fact, he was a lecturer on the Constitution. He is no more a law professor than I am.

With the sudden and tragic death of Supreme Court Justice Antonin Scalia, self-proclaimed defenders of justice and adherence to our Constitution (including Mr. Obama) fired up their constitutional Vespas. Mr. Obama has every right to nominate someone in the event of a vacancy on the court — and not just the Supreme Court. The rule giving him this authority applies to any opening requiring Senate confirmation. Therein lies the problem.

In January 2012 Mr. Obama unilaterally declared that the Senate was in recess and made three appointments to the National Labor Relations Board. These appointments required Senate confirmation, but the Senate was at the time conducting pro-forma sessions — meaning it wasn’t technically in recess after all. Rather than adhere to the Constitution, Mr. Obama fought all the way to the Supreme Court. In June 2014 the Supreme Court, including Justie Scalia, ruled in a 9-0 decision that the president had indeed exceeded his Constitutional authority to make recess appointments. The appointments were struck down.

Could it be that that blatant and aggressive attempt by Mr. Obama to circumvent the Senate in the NLRB case have led to this most unfortunate dilemma now facing him? Could it be he does, in fact, know and understand our Constitution, but that he views the document as a mere speed bump?

RANDALL STEPHENS

Falls Church


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