Obama Keeping Promise? – Reason #70

Only 85 Days Remaining!

Obama Keeps Promise to Circumvent Congress

President Obama, a man who taught the Constitution for ten years and who has clearly articulated the systems of checks and balances designed by our nation’s Founders, seems to have expanded his own view of Presidential power since taking that office.  His new line of reasoning says:

“But when Congress refuses to act, and as a result, hurts our economy and puts our people at risk, then I have an obligation as President to do what I can without them. (Applause.) I’ve got an obligation to act on behalf of the American people.”[i]

Citing this “obligation,” President Obama effected the so-called “Recess Appointment” of Richard Cordray on January 4, 2012, as the first Director of the newly formed Consumer Financial Protection Bureau.  The reality however – according to the Heritage Foundation – was that the Senate was not in “Recess,” but in a “Pro Forma” session, as proven by the fact that during the “Pro Forma” session, they had successfully passed the President’s two month extension of the payroll tax cut.[ii]   In effect, Obama was usurping the authority of the legislative branch in order to avoid the requirement of Cordray’s Senate confirmation.

Is this activity consistent with our image of American Democracy?


[i] President Barack Obama, (Jan. 4, 2012), White House web-site, Speeches & Remarks, Remarks by the President on the Economy, retrieved January 6, 2012 from http://www.whitehouse.gov/the-press-office/2012/01/04/remarks-president-economy

[ii] Andrew Grossman (Jan. 5, 2012), Heritage web-site, The Foundry, Even Obama Agrees that the Senate was not in Recess, retrieved January 7, 2012 from http://blog.heritage.org/2012/01/05/even-obama-agrees-that-the-senate-was-not-in-recess/

Congress Now Optional? – Reason #69

Only 86 Days Remaining!

Obama Sees Congress as Optional

According to a recent New York Times article by Peter Baker, the President has now signed into law, a bill that gives him the right to immediately appoint scores of presidential appointees without Senate confirmation.  While many would agree that this bipartisan bill further erodes our system of checks and balances, few should be surprised.  We might even argue that the new law merely gives legitimacy to a practice already implemented by Obama – a practice exemplified by his appointment of Richard Cordray.

While Obama seems to have manufactured a “Recess Appointment” scenario in order to appoint Richard Cordray as the first Director of the new Consumer Financial Protection Bureau, the problem appears much worse than a single abusive action to avoid Senate Confirmation hearings on one appointee.  Indeed, in an interview with Rob Quirk, of KOAA, Colorado Springs, Colorado, the President commented easily on what has become his increasingly familiar position:

“Well, what we’re going to have to do is continue to make progress on the economy over the next several months. And where Congress is not willing to act, we’re going to go ahead and do it ourselves. But it would be nice if we could get a little bit of help from Capitol Hill.”[i]

While this may seem very action oriented, it also provides a clear distinction between the prerogatives of a President and the prerogatives of a Monarch.  If every President had the prerogative to decide when and why to circumvent congressional authority, our Democracy would soon be a historical footnote.  A vote for Obama in 2012 will take us one step closer to that day.


[i] President Barack Obama, (2011), Real Clear Politics web-site, Obama: “Where Congress Is Not Willing To Act, We’re Going To Go Ahead And Do It Ourselves”, retrieved January 7, 2012 from http://www.realclearpolitics.com/video/2011/12/14/obama_where_congress_is_not_willing_to_act_were_going_to_go_ahead_and_do_it_ourselves.html

Obama – Promises to Disregard Law – Reason #68

Only 87 Days Remaining!

Obama – Promises to Disregard Law

During his campaign for the Presidency in 2008, then Senator Obama was asked by a member of the audience:  “When Congress offers you a bill, do you promise not to use Presidential Signage to get your way?”  His one word answer was “Yes.”  His follow-up explanation however, drove the point home, that this was an unconstitutional and reprehensible act for any President.  In his own words:

“We’ve got a government designed by the Founders so that there would be checks and balances.  You don’t want a President that’s too powerful, or a Congress that’s too powerful, or Courts that are too powerful.  Everybody’s got their own role.  Congress’ job is to pass legislation.  The President can veto it, or he can sign it.  But, what George Bush has been trying to do as part of his effort to accumulate more power in the Presidency, he’s been saying ‘Well, I can basically change what Congress passed, by attaching a letter saying I don’t agree with this part, or I don’t agree with that part.  I’m going to choose to interpret it this way, or that way.’  That’s not part of his power.  But, this is part of the whole theory of George Bush – that he can make laws as he’s going along.  I disagree with that.  I taught the Constitution for ten years.  I believe in the Constitution and I will obey the Constitution of the United States.  We’re not going to use signing statements as a way of doing an end run around Congress.  All right?”[i]

Very strong language indeed for a President who boasts an ability and intention to go around Congress, and who noted in signing into law the National Defense Authorization Act, that he disagreed with 14 sections of the bill, saying:

“…should any application of these provisions conflict with my constitutional authorities, I will treat the provisions as non-binding.”[ii]

In still another of the 19 signing statements issued by President Obama thru the end of 2011, Obama blocked the defunding of four of his “Czar” positions, stating that:

“Legislative efforts that significantly impede the President’s ability to exercise his supervisory and coordinating authorities or to obtain the views of the appropriate senior advisers violate the separation of powers by undermining the President’s ability to exercise his constitutional responsibilities and take care that the laws be faithfully executed. Therefore, the executive branch will construe section 2262 not to abrogate these Presidential prerogatives.”[iii]

Which of the campaign promises Obama makes in the run-up to the 2012 Presidential election will be as solid as his assurances against “Signing Statements”?  Which other Constitutional principles will he defend with equal respect and passion?


[i] Senator Barack Obama, (2008), Doug Powers (Oct. 28, 2011), Michelle Malkin web-site, Charles Rangel: Obama Working Around Congress is Okay Because of the Gridlock, video in article posted by “brianamburgey”, Obama on Presidential Signing Statements, retrieved January 6, 2012, from http://michellemalkin.com/2011/10/28/charles-rangel-gridlock/

[ii] President Barack Obama, (Dec. 31, 2011) White House web-site, Statements & Releases, Statement by the President on H.R. 1540, retrieved January 6, 2012 from http://www.whitehouse.gov/the-press-office/2011/12/31/statement-president-hr-1540

[iii] President Barack Obama, (April 15, 2011), White House web-site, Statements & Releases, Statement by the President on H.R. 1473, retrieved January 6, 2012 from http://www.whitehouse.gov/the-press-office/2011/04/15/statement-president-hr-1473

Obama Denies He’s a King – Disregards Congress – Reason #67

Only 88 Days Remaining!


In early June, 2010, in a dramatic moment during the Gulf oil spill operations, Obama made the unexpected admission that his powers were “not limitless.”[i]  A few months later, in October, 2010, he told radio personality Eddie “Piolin” Sotelo, that:

“…I am president, I am not king. I can’t do these things just by myself. We have a system of government that requires the Congress to work with the executive branch to make it happen.” [ii]

A few nights later he told supporters at a Democratic Dinner that Healthcare Reform took time, because this is:

“…not a monarchy we live in. This is a democracy.”[iii]

On February 22, 2012, back with Univision’s Los Angeles based Sotelo show, Obama again lamented the powerlessness of his Presidency under Constitutional restraints, saying:

“Piolin, I would only have broken my promise [on comprehensive immigration reform] if I hadn’t tried. But ultimately, I’m one man. You know, we live in a democracy. We don’t live in a monarchy. I’m not the king. I’m the president. And so, I can only implement those laws that are passed through Congress.”[iv]

All of this, of course, is his “Go To” rhetoric when explaining away his failure to achieve bipartisan consensus and legislation.  Still, it’s interesting that he seems so consistently focused on monarchies and kingships, because while he claims we’re not a monarchy and that he’s not a king, he seems to have no problem playing the role.

At a Las Vegas campaign event on Oct. 24, 2011, President Obama told his audience that:

 “…I’ve told my administration to keep looking every single day for actions we can take without Congress.”[v]

On Oct. 26, 2011, at still another campaign opportunity at the University of Colorado, President Obama declared:

“We can’t wait for Congress to do its job. So where they won’t act, I will.

“…And I’ve told my administration we’re going to look every single day to figure out what we can do without Congress.”[vi]

On Nov. 2, 2011, in a speech at Georgetown Waterfront Park, Obama told prospective 2012 voters:

“We can’t wait for Congress to do its job. If they won’t act, I will.”[vii]

On January 4, 2012, during a speech at Shaker Heights High School in Shaker Heights, Ohio, President Obama told a large Democrat audience:

“When Congress refuses to act, and as a result, hurts our economy and puts our people at risk, then I have an obligation as President to do what I can without them.”[viii]

On Feb. 21, 2012, Obama said:

“Now, whenever Congress refuses to act, Joe [Biden] and I, we’re going to act.”[ix]

On Feb. 23, 2012, at another campaign event at the University of Miami, President Obama again stated – and both unbelievably and hypocritically, given the subject of energy independence – that:

“With or without this Congress, I will continue to do whatever I can to develop every source of American energy so our future isn’t controlled by events on the other side of the world.”[x]

Yet, in his restrictions on drilling and his disapproval of a much needed pipeline, he all but guarantees the control of our future by “events on the other side of the world.”

Meanwhile, President Obama had no problem bypassing the U.S. Senate and using the pretext of “recess appointments” to install Richard Cordray as head of his new Financial Protection Bureau, or to appoint three new members to the National Labor Relations Board.[xi]

He had no problem taking the country to war against Libya without Congressional approval[xii] – and his Communication Director warns us that our problems require:

“‘bold, bipartisan action in Congress’ but that Mr. Obama ‘believes we cannot wait, so he will act where they won’t.’”[xiii]

Let’s see…Democracy…Constitution…eliminating the role of congress…Might this be the equivalent of a Monarchy?

Perhaps he does think himself a king.


[i] Sunlen Miller, (June 11, 2010), ABC News.com Political Punch by Jake Tapper, Obama: “I Can’t Suck it up with a Straw”, retrieved September 29, 2010 from http://blogs.abcnews.com/politicalpunch/2010/06/obama-i-cant-suck-it-up-with-a-straw-.html

[ii] President Barack Obama, (Oct. 26, 2010), FoxNews web-site, quoting President from his interview with Eddie “Piolin” Sotelo, Obama: “I am not King,” retrieved February 25, 2012 from http://nation.foxnews.com/president-obama/2010/10/25/obama-i-am-not-king

[iii] President Barack Obama, (Oct. 26, 2010), White House web-site, Speeches & Remarks, Remarks by the President at a DCCC Dinner, retrieved February 25, 2012 from http://www.whitehouse.gov/the-press-office/2010/10/26/remarks-president-a-dccc-dinner

[iv] President Barack Obama (Feb. 22, 2012), transcript from Univision interview on Eddie “Piolin” Sotelo radio show, provided by FoxNation web-site (Feb. 24, 2012), President Obama: ‘My Presidency Is Not Over. I’ve Got Another Five Years’, retrieved February 25, 2012 from http://nation.foxnews.com/president-obama/2012/02/23/president-obama-my-presidency-not-over-i-ve-got-another-five-years

[v] President Barack Obama (Oct. 24, 2011), White House web-site, Speeches & Remarks, Remarks by the President on the Economy and Housing, retrieved February 26, 2012 from http://www.whitehouse.gov/the-press-office/2011/10/24/remarks-president-economy-and-housing

[vi] President Barack Obama, (Oct. 26, 2011), White House web-site, Speeches & Remarks, Remarks by the President on College Affordability, retrieved February 26, 2012 from http://www.whitehouse.gov/the-press-office/2011/10/26/remarks-president-college-affordability

[vii] President Barack Obama, (Nov. 2, 2011), White House web-site, Speeches & Remarks, Remarks by the President Urging Congress to Pass the Infrastructure Piece of the American Jobs Act, retrieved February 26, 2012 from http://www.whitehouse.gov/the-press-office/2011/11/02/remarks-president-urging-congress-pass-infrastructure-piece-american-job

[viii] President Barack Obama, (Jan. 4, 2012), White House web-site blog, President Obama Discusses Richard Cordray in Shaker Heights, retrieved February 26, 2012 from http://www.whitehouse.gov/blog/2012/01/04/president-obama-discusses-richard-cordray-shaker-heights

[ix] President Barack Obama, (Feb. 21, 2012), White House web-site, Remarks by the President on the Payroll Tax Cut, retrieved February 26, 2012 from http://www.whitehouse.gov/photos-and-video/video/2012/02/21/president-obama-payroll-tax-cut-extension#transcript

[x] President Barack Obama, (Feb. 23, 2012), White House web-site, Speeches & Remarks, Remarks by the President on Energy, retrieved February 26, 2012 from http://www.whitehouse.gov/photos-and-video/video/2012/02/23/president-obama-university-miami#transcript

[xi] Dave Clarke and Matt Spetalnick, (Jan. 4, 2012), Reuters web-site, Obama Defies Republicans with Consumer Agency Pick, retrieved February 26, 2012 from http://www.reuters.com/article/2012/01/04/us-financial-regulation-cordray-idUSTRE80312J20120104

[xii] President Barack Obama, (Mar. 21, 2011), White House web-site, Presidential Memoranda, Letter from the President regarding the commencement of operations in Libya, retrieved February 26, 2012 from http://www.whitehouse.gov/the-press-office/2011/03/21/letter-president-regarding-commencement-operations-libya