WASHINGTON — President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a Federal Appeals Court ruled Friday in an encompassing decision that would restore the limits of a chief executive’s powers to make recess appointments.
The court’s decision marked a victory for Republicans and business groups critical of the agency. If it stands, it could invalidate hundreds of board decisions over the past year, including some that make it easier for unions to organize.
On one issue after another, President Obama says he can’t wait for Congress to act. This is the same justification presidents have always used when they find the checks and balances required by democracy to be inconvenient. That preference for ruling as an unaccountable monarch is precisely what our founders feared.
Evasion of Constitutional Checks
- The president’s arrogant approach to governing disregards important constitutional structures — such as the Appointments Clause of the Constitution — and displaces Congress in favor of unelected bureaucrats and czars.
- Bipartisan legislating has been replaced by unilateral executive rule-making. Oversight has given way to unaccountability.
- Unfortunately for the American people, President Obama’s regulatory over-reach ignores their views and circumvents their elected representatives.