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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Jan 16, 2012/ 21 Teves, 5772

Obama's 1-man rule thumbs nose at Founders

By Michael Barone




http://www.JewishWorldReview.com | Of course President Obama is not concentrating on campaigning, White House press spokesmen assured us -- as the president headed off to Chicago for three fundraisers and a drop-in at his campaign headquarters, two days after a high-roller fundraising choked off traffic five blocks from the White House, with the assistance of a score of D.C. police cars.

No one, or at least no one who is paying attention, is fooled. It's standard presidential procedure to say you're not absorbed in campaigning even as you go out to raise money every other day. Bill Clinton, in my view, spent an undue amount of time fundraising, George W. Bush spent more, and Barack Obama makes them both look like pikers.

So Obama's scorn for the truth in this regard is only a minor matter. His scorn for the Constitution is something else.

That scorn has been expressed most recently in his "recess" appointments of members of the National Labor Relations Board and the chairmanship of the Consumer Financial Protection Bureau. The quotation marks are appropriate because when he made the appointments the Senate was not in recess as the Constitution requires.

Article II, Section 2 of the Constitution says that presidential appointments must be confirmed by the Senate unless Congress provides otherwise. But anticipating that the government may need officials when the Senate is available, the section further provides that "The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session."

What constitutes a recess? Article I, Section 5 provides "Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days."

The House did not consent to the adjournment of the Senate this year, so there is no recess, and hence no constitutional authority to make recess appointments.

The White House has belatedly trotted out an opinion from the Justice Department's Office of Legal Counsel (headed by a political appointee) saying that the president was justified in considering the Senate in recess, because the sessions it was holding every three days were just pro forma or, in the words of Obama defenders, "gimmicks."

Factually this is flat wrong. At one of those sessions the Senate passed the payroll tax cut extension, an important piece of legislation.

More important, what gives the head of the executive branch the authority to decide whether one house of the legislative branch is conducting serious business? Can the president decide that the quality of Senate debate is so poor on any particular day that he may deem it to be in recess?

The recess appointments Obama made are to important offices. The National Labor Relations Board last year issued a complaint against Boeing for building a $1 billion aircraft plant in South Carolina. The complaint was withdrawn only after the union representing Boeing's Washington state workers bludgeoned the company into promising more jobs there.

The Consumer Finance Protection Bureau, established by the Dodd-Frank Act, has unusual powers, with a guaranteed revenue stream rather than reliance on congressional appropriations and a director with a fixed term (but can it extend beyond the end of the next session of Congress?) and independence from other regulatory authorities.

On this Obama defied not only the Constitution, but Dodd-Frank, which explicitly states that the CFPB head can only take legal action after he is confirmed by the Senate. Presumably anyone aggrieved by one of his orders will sue and probably prevail.

So the appointment may turn out to be a futile act. But, hey, it's good fodder for campaign ads.

That's substantiated by the explanation for the appointment you can find of my.barackobama.com. "When Congress refuses to act, he will."

This looks uncomfortably close to the view taken by King Louis XIV. "L'etat, c'est moi," he is supposed to have said, and you don't need John Kerry's or Mitt Romney's command of French to know that that means one man rule.

The Framers of the Constitution saw it a different way. When the Senate refuses to confirm a presidential appointee, that person does not take office. When the Senate is not in recess, the president cannot make a recess appointment.

The Framers thought it more important to limit power than for government to act quickly. Obama disagrees.

Republican presidential candidates have been praising the Founding Fathers. Obama has been defying them. Interesting contrast.

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JWR contributor Michael Barone is senior political analyst for The Washington Examiner.




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