By Dean Kalahar
The Magna Carta ended the idea that anyone, especially monarchs, are above the law.
Unfortunately. President Obama has appointed Richard Cordray to run the newly formed Consumer Financial Protection Bureau, part of the Dodd-Frank law passed to regulate Wall Street. Under this law, executive appointments must be approved by the Senate unless the senate is adjourned.
The problem is the so called “recess appointment” was made while the Senate is in pro forma session not recess. This is in direct violation of Article 2, section 2 of the Constitution. A pro forma session satisfies the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.
Why would a supposed Constitutional scholar like President Obama even think to agree to such a process?
Because if anyone raises a concern to the illegal appointment, and the President has calculated a Republican running for President will object; he will turn it around and say those against the appointment are “against consumer protection.” He will go to say the GOP only want to protect “rich fat cats” on “wall street,” while he, of course, is fighting to protect the “little guy.” In short he will all but parrot the tired and hackneyed liberal rhetoric that evil Republicans want to hurt their fellow Americans.
This is in line with the class warfare tactics being used by the President to divide and conquer in hopes of being re-elected. The ends justify the means, even if the means ignore the Constitution and tear apart the country.
Opponents of Obama will probably say nothing and allow the abuse of power to go unchecked. Instead they should be clearly explaining the political game in simple terms, exposing Obama’s condescension toward Americas limited Constitutional governance, and holding the executive branch accountable to the rule of law. Supporters of the president who claim to defend the Constitution will be mute.
This may be exquisite Machiavellian politics on the part of an Imperial President who has acted as if he is above the law, but it is an unprecedented abuse of power. With the exception of Marbury v. Madison or the court packing of FDR, our nation has not encountered such willful disregard of the Constitution that all elected officials swear under oath to uphold.
When the rule of law that has been defended with American blood is held in such low regard and politicized for personal gain to increase the power to rule over the people, the Republic is on shaky grounds. The administrations clever use of politics has gone too far this time. Undermining the Constitution in order to gain additional power is tyranny in its purest form.
Government by the consent of the governed must not be manipulated. The appointments must be rescinded, thrown out by the courts, or the President must be Impeached by the House of Representatives in accordance with the Constitution.
The Great Charter, signed in 1215, has served us well up to this point. Principles must trump politics.