Quotes of the day

posted at 9:21 pm on January 25, 2013 by Allahpundit

Today, the U.S. Court of Appeals for the DC Circuit issued a decision finding that the Jan. 4, 2012 recess appointments of three members to the National Labor Relations Board were invalid. In response, Chairman Mark Gaston Pearce issued the following statement:

“The Board respectfully disagrees with today’s decision and believes that the President’s position in the matter will ultimately be upheld. It should be noted that this order applies to only one specific case, Noel Canning, and that similar questions have been raised in more than a dozen cases pending in other courts of appeals.

In the meantime, the Board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”

***

Pearce, in short, is indicating that the NLRB’s strategy is to act as if the court’s ruling that the appointments were unconstitutional somehow only applies only to the particular case that went before the Appeals Court and hope that the White House can get the Supreme Court to quickly review the case.

It’s a pretty brazen strategy, but consistent with a broader administration strategy to simply ignore the court’s ruling.

***

Under the court’s decision, 285 recess appointments made by presidents between 1867 and 2004 would be invalid.

The Justice Department hinted that the administration would ask the Supreme Court to overturn the decision, which was rendered by three conservative judges appointed by Republican presidents. “We disagree with the court’s ruling and believe that the president’s recess appointments are constitutionally sound,” the statement said…

If the ruling stands, it would invalidate more than 600 board decisions issued over the past year. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down.

***

In the current atmosphere of partisan gridlock, which often involves thwarting of presidential nominations, the ruling provides a major new opportunity for a minority in the Senate to deny the President the authority even temporarily to put a new government officer to work in a vacant spot. When a vacancy arises while Congress is in session, and the Senate does not act on it, the President will not be able to fill it during the next time the Senate takes a break. The ruling came one day after the Senate chose not to make a major change in its filibuster rule, which is the main weapon of a Senate minority seeking to challenge presidential action…

The ruling, however, is not confined to the situation at the NLRB. As an interpretation of the Constitution’s words dealing with temporary government appointments, it would extend to all federal agencies whose officers are nominated by the President and require Senate approval — including federal judges. In practical effect, the decision basically will confine presidents to making government appointments in the usual way: sending nominees’ names to the Senate, and then letting the Senate proceed — or not — to give its “advice and consent” to such nominations.

***

The judges observed that no president from George Washington through Abraham Lincoln ever attempted to make an “intrasession” appointment (that is, an appointment when Congress was in session) without the advice and consent of the Senate, as Obama attempted to do. From the end of the Civil War through the end of World War II, only three such appointments were attempted. In the judges’ words, “[I]t is well established that 80 years after the ratification of the Constitution, no President [had] attempted such an appointment, and for decades thereafter, such appointments were exceedingly rare.”

***

Possessing only the dimmest memory that I’d written about the recess-appointment controversy before, I looked it up to remind myself of the details. Only then did I remember that … oh dear … I thought Obama’s recess appointments were probably unconstitutional at the time. Reviewing my arguments, and the facts, I find myself persuaded all over again. (For a contrasting view, read my TNR colleague Jon Cohn’s defense of the recess appointments.)

The Senate was not technically in recess. It was being kept by mischievous Republicans in a kind of self-induced coma over the Christmas holiday break, expressly to block Obama from making any recess appointments. So Obama basically said, “If it quacks like a recess, it’s a recess, so here come my recess appointments.” The problem with that approach is that there were comparable periods when the Senate was non-functional but clearly not in recess–say, weekends. Weekends quack like a recess too! Was Obama implicitly giving himself the power to make recess appointments 52 weeks a year? That didn’t sound kosher to me. Most troubling of all, nobody seemed able to come up with any persuasive precedents.

***

Here’s the deal. Senate Republicans have decided that the way to prevent regulations they don’t like is to simply refuse to confirm any nominees to any agency they don’t like. They’ve done it with the Bureau of Alcohol, Tobacco and Firearms. They’ve done it with the National Labor Relations Board. And they’ve done it with the Consumer Financial Protection Bureau. “We don’t like these agencies so we’re going to starve them of people and resources.” It’s a classic Republican play…

The way to handle obstructionist senators isn’t by empowering the executive beyond constitutional limits. It’s for non-obstructionist senators to work within the rules to find solutions that allow the body to move forward on the people’s business despite the bad faith of a vocal minority.

***

Over the past year, many companies and conservatives have criticized Obama’s NLRB for issuing a slew of sweeping pro-labor rulings. But Kate Bronfenbrenner, a labor expert at Cornell, says the past year hasn’t been particularly unusual. Labor boards appointed by Democratic presidents tend to look more favorably on workers and unions, while those appointed by Republican presidents tend to side with employers.

“It’s always been a political agency,” she says, “and it always swings back and forth.”

Bronfenbrenner adds that if the D.C. Circuit Court’s ruling is upheld and the NLRB does have to shut down — and if it sees a year’s worth of work invalidated — that could make the agency even more dysfunctional in the years ahead. That’s because all of those cases from 2012 will have to be reheard, and new cases will keep piling up. “If and when the Senate finally does confirm new appointees, the new board will have to confront a huge backlog.”

***

Our constitutional-law-professor-in-chief ignored this advice and is now hoist on his own petard. He is worse off than he was when he started, because the court’s ruling invalidates all appointments made during recesses that occur in the middle of a Senate session…

The third setback for the administration is that many of the actions of the Consumer Financial Protection Board (CFPB) are in doubt as well. Richard Cordray, who received a purported recess appointment on the same day and in the same manner as the three invalid NLRB members, would have been the first head of that agency. Thus, no prior head of the agency could have made lawful delegations of authority. Moreover, the CFBP’s organic statute provides that no acting head may issue regulations. The eventual effect of today’s decision on pending and future CFPB actions will take many months to sort out, but the rest of the D.C. circuit is bound by the ruling today unless the entire court reverses it.

Our unilateral president must take his unilateral medicine.

***

Consider the utter chaos caused by Obama’s power grab. In all likelihood, the rulings in the cases above will be voided. What happens to the employee who paid money into a union as a result of one of those cases? An employer who had to pay higher wages or pay money into a union pension plan? What if an employer had to shut down because of a union contract that he never should have been forced to sign? The myriad of complications and the economic and personal dislocation could be tremendous.

This, by the way, is the very reason why the rule of law is so valuable — it provides clarity, dependability and finality. But not in the Obama era.

***

***

Click the image to listen.


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b9, good to hear that you’re with your family. Like you stated earlier, family is important. I do miss mine most times. And dad and mom have always been a blessing to me. :-)

tommy71 on January 26, 2013 at 7:54 AM

I am glad you have that blessing T and they are here. Hopefully, your trip home is soon. :)

My grandparents have passed now and most of the older generation.
I have my 2 great aunts left. 86 and 92. They are a couple hours away but I try and see them a few times a year-fam reunions and such.
I am closest to them. I have 2nd,3rd,4th 5th cousins, I hardly know.
I am here with my parents,sister and nephew.

bazil9 on January 26, 2013 at 7:59 AM

Oops, sorry, sorry. I get a brain phart once in a while. Sorry again.

tommy71 on January 26, 2013 at 8:00 AM

Mom was a military brat-so we didn’t stay close to the rest of the family.

I better get myself up and get to doing Sat chores!
A pleasure Tommy-
Have a super Sat night!
See ya soon.

bazil9 on January 26, 2013 at 8:00 AM

Ha, you must be doting on your nephew. Thats sweet. I have nephews, nieces (uncountable). I’m very close to a few of them. When they get into trouble, they can count only on uncle tommy to ride to their rescue. Maybe to talk to their parents, and avoid being scolded to. Gotta smooth things over with my bros, my sis and my cousins. Yep, the younger generation somehow consider me to be modern and kewl. They consider their own parents to be old fashioned. Lol.

tommy71 on January 26, 2013 at 8:07 AM

Its been an honor, me lady. See you around.

tommy71 on January 26, 2013 at 8:08 AM

O/T = Gun Control = Citizen Control. My Take.

kingsjester on January 26, 2013 at 8:19 AM

Tea is good too. Some Ali mountain tea will suffice

tom daschle concerned on January 26, 2013 at 8:23 AM

Obama is a demonic maggot.

Jaibones on January 26, 2013 at 8:24 AM

Tea is good too. Some Ali mountain tea will suffice

tom daschle concerned on January 26, 2013 at 8:23 AM

Come on over to Teavana. They’ve got the good stuff!

MelonCollie on January 26, 2013 at 8:25 AM

Nice post kj. The international left would love to disarm us. Their secular humanist utopia cannot be forced upon a free people. They talk of rights, but they are only interested in slavery. I pray that God will continue to extend to us grace and mercy, because the thought of going headlong into judgement is too much.

tom daschle concerned on January 26, 2013 at 8:28 AM

Did y’all see that Hillary and Obama are going to be on 60 Minutes together? Wow, these folks are so subtle.

Cindy Munford on January 26, 2013 at 8:30 AM

IF you disarm normal American citizens……..and then you start a media Jihad reporting that crime is “out of control”….would someone propose a CIVILIAN NATIONAL SECURITY FORCE to help “people feel safe in their homes and in the streets”?

That would almost be like the Federal government causing the problem……and then offering the solution.

But, but who would do something like that?

PappyD61 on January 26, 2013 at 8:34 AM

tom daschle concerned on January 26, 2013 at 8:28 AM

Thank you!

kingsjester on January 26, 2013 at 8:35 AM

Oh, wait someone proposed something like that……I forgot!!!

http://youtu.be/Tt2yGzHfy7s

Whew, thank goodness we have the Sun King to look out for us!!!

PappyD61 on January 26, 2013 at 8:38 AM

Quote for the day:

Sarah Palin could fart and all the Palinista cultists would stand up to applaud and say what a genius move it was.

-bluegill, HotAir commenter and concerned American

bluegill on January 26, 2013 at 8:46 AM

OT: We’re number #1! In your face, California!

Illinois credit rating sinks to worst in nation

“Most states will build reserves when the economy is performing well, and that typically provides a cushion when the revenues deteriorate,” said Robin Prunty, the S&P analyst who heads the agency’s state ratings group. “But Illinois has never really carried or accumulated any kind of budgetary reserves.”

On top of the pension meltdown, Illinois faces more grim budget duties. The state already has made major cuts in school funding in two straight budgets, and the Quinn administration predicted more cuts are on the way. In addition, a 67 percent increase in the income tax rate lawmakers imposed in 2011 starts to decline in 2015. And the state has billions of dollars in unpaid bills.

Lower and middle-income families to be hardest hit. Forward!

visions on January 26, 2013 at 8:53 AM

That was my official inaugural Bluegill Quote/Thought of the Day. Just like KJ posts daily blogs here, I am going to have a daily quote of the day.

bluegill on January 26, 2013 at 8:54 AM

That was my official inaugural Bluegill Quote/Thought of the Day. Just like KJ posts daily blogs here, I am going to have a daily quote of the day.

bluegill on January 26, 2013 at 8:54 AM

Good idea. You can start by posting your name, physical address, IP address, and phone number.

MelonCollie on January 26, 2013 at 9:00 AM

I commend the court for issuing the long-overdue decision that might be the beginning of the end for the Marxist/Communist/Alinski-ite currently disgracing the Oval Office.

If the members survive the next few weeks, maybe, just maybe, the rest of the black robed tyrants will grow a pair and proceed with reining in this out of control dictator.

dockywocky on January 26, 2013 at 9:36 AM

Oh goody, how charitable of you gilled one, I think I’ll follow suit. My QOTD.

Stench!

Bmore on January 26, 2013 at 10:25 AM

Most of us don’t know the underbelly of the Islamic beast.

tommy71 on January 26, 2013 at 7:36 AM

Most, but certainly not all. I have been trying to tell people this exact same thing for many years.

SWalker on January 26, 2013 at 10:25 AM

If the members survive the next few weeks, maybe, just maybe, the rest of the black robed tyrants will grow a pair and proceed with reining in this out of control dictator.

dockywocky on January 26, 2013 at 9:36 AM

On February 15th 2013 they will most assuredly get their chance. And we most assuredly will see whether their is anything redeemable about the SCOTUS.

SWalker on January 26, 2013 at 10:29 AM

‘Obama, stop sending me emails’: People beg for campaign that never ends to end
http://twitchy.com/2013/01/25/obama-stop-sending-me-emails-people-beg-for-campaign-that-never-ends-to-end/

I thought once the election was over, I’d stop getting annoying emails from Obama’s campaign. I guess not. #goaway
Michelle Pakes (@MichelleMPakes) January 18, 2013

The 2012 campaign proved that the Democrats and President Obama have a firm grasp on Internet outreach, not to mention an pretty hearty appetite for harvesting email addresses by any means necessary. Millions of Americans have chosen to continue their love affair with the 44th president into his second term, but more and more are wishing he were a little less clingy when it comes to email.

Southern by choice22 on January 26, 2013 at 10:31 AM

lmao
BG is so lame.

bazil9 on January 26, 2013 at 10:45 AM

That was my official inaugural Bluegill Quote/Thought of the Day. Just like KJ posts daily blogs here, I am going to have a daily quote of the day.

bluegill on January 26, 2013 at 8:54 AM

…and ALWAYS…with a load in your pants!
…as I was saying last night…there may be no such thing as PMS…and this is really your personality

KOOLAID2 on January 26, 2013 at 10:50 AM

SWalker on January 26, 2013 at 10:29 AM

Well done Walker.
Gotta squeeze in more time to read yours,RWM and KJ everyday.

Redeemable..pffft- I don’t believe so.

bazil9 on January 26, 2013 at 10:54 AM

lmao
BG is so lame.

bazil9 on January 26, 2013 at 10:45 AM

Watch yourself, b9 – that’s my future wife you’re talking about! :)

That post of hers @8:54 really does take the cake!

I saw your comments about hockey a few days ago – I think Canada might want to exchange canopfor for you! :)

Anti-Control on January 26, 2013 at 10:57 AM

bluegill on January 26, 2013 at 8:54 AM

Copied and pasted her own quote from the Palin thread…

My God hagfish!!

Don’t you ever quit patting yourself on the back?

Sheesh….

Scrumpy on January 26, 2013 at 10:59 AM

She thinks she is funny and clever.
lmao
I would rather listen to Palin pass gas
over reading her idiotic & insipid drivel.
Close to the same thing anyways.
Weirdo!

bazil9 on January 26, 2013 at 11:05 AM

Oh,sorry about that Anti C. ;)

haha..way things are going,I might take the offer
to switch places with Canop!

bazil9 on January 26, 2013 at 11:07 AM

Here’s the deal. Senate Republicans have decided that the way to prevent regulations they don’t like is to simply refuse to confirm any nominees to any agency they don’t like. They’ve done it with the Bureau of Alcohol, Tobacco and Firearms. They’ve done it with the National Labor Relations Board. And they’ve done it with the Consumer Financial Protection Bureau. “We don’t like these agencies so we’re going to starve them of people and resources.” It’s a classic Republican play…

The way to handle obstructionist senators isn’t by empowering the executive beyond constitutional limits. It’s for non-obstructionist senators to work within the rules to find solutions that allow the body to move forward on the people’s business despite the bad faith of a vocal minority.

I like this one the most. LOL

Nooooooooo….

It’s the power of the Senate impressing upon the President that he cannot put anyone in a position of power that will be severely partisan. It requires the Executive Branch to start nominating people that are more moderate.

ButterflyDragon on January 26, 2013 at 11:16 AM

Good Morning! You guys still at it?

KCB on January 26, 2013 at 11:41 AM

bluegill on January 26, 2013 at 8:46 AM

The stupid is strong in this one.

KCB on January 26, 2013 at 11:43 AM

And when Trumpka and all of the other hate-filled Obama (p)sychophants raise hell, what oh what are we to do? They expect us to roll over.
That’s why we have a National Guard.
In the early 1930s, while aboard his War Horse, my Grandfather and his Guard Unit made short work of the BIG Labor thugs in Flint, MI.
They were greeted and cheered by the residents of Detroit when they returned.
~(Ä)~

Karl Magnus on January 26, 2013 at 12:38 PM

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