Republican heavyweights aren’t too happy about President Barack Obama’s recess appointment of Norm Eisen as U.S. ambassador to the Czech Republic. Sen. Charles Grassley, R-Iowa, and Rep. Darrell Issa, R-Calif., [pictured] call the appointment "particularly inappropriate" in a letter to White House Counsel Bob Bauer, The Hill reports. Issa is chairman of the House Oversight and Government Reform Committee,
Eisen, the White House ethics czar, is the brains behind many of the administration's ethics and transparency policies.
"By calling off a face-to-face meeting in favor of a recess appointment, the White House sent the message that the President is not interested in hearing the concerns of Republican Members of Congress," Grassley and Issa write in the letter.
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Another example of governing by exception, or by loophole. Yes, it is allowed. It was intended to enable a President to not be hamstrung in the case of a true emergency, but it is being used by President Obama, over and over, to by-pass Congress.
Some people have acused President Obama of not being very educated concerning the US Constitution. Of course that can't be true. He taught Constitutional Law prior to becoming a Senator, his only "real job", if you want to consider being a college professor as a real job.
I am not slighting the importance of academics, but when it comes to business, management, industry, manufactureing, and government--essentially in any job that required interfacing with other entities required in business outside of academia is essential to having understanding and empathy with "normal" business around which the American economy revolves.
Obama has none of that, but what he does have is a much better than average understanding of how the US Constitution came to be, how it was intended to work, the provisions made to ammend the constitution (which was intentially meant to be very difficult--in order to ensure that it is not ammended without full popular support), and the various weaknesses which have yet to be fixed.
This last bit of information was never intended to exist. These weaknesses, or loopholes, are the result of years of clever politicians, who mostly attornies who are schooled in the art of finding creative ways to "beat the law", in behaqlf of The State, or their clients.Unfortunate, human nature being what it is, sharp lawyers are necessary in an open and free society.
But this does not change the fact that these sharp minds are misdirected when they seek to find weaknesses in the Constitution, which enables them to "cheat" the intended process of balance of powers of the three branches of government. President Obama is an expert on these little flaws, which he then uses to exploit to his own governing advantage, often by-passing Congress and/or the will of the American people.
The American People were even at inception of our free form of government too numerous to have them each participate in an open debate such as happens while considering the need for various laws. Our is and never was a true simple Democracy. It is a Representative form of Democracy. We vote for those who promise to vote as we would, or whom we feel are most likely to vote as we would.
If those representatives, who form both Houses of Congress, get too far afield from how we want them to vote--we have the collective popular power to vote them out of office. This is something of an over-simplification of the process because of the nature of the Electoral College system of reflecting our popular vote. It is close enough to convey the way our form of Democracy works.
Conrgess has three main jobs. One is to make decisions about money matters of the government. They technically must approve all expenditures of the Federal Government. Their so-called "power of the purse" gives them a way to prevent any arm, branch, or agency from having the funds to carry out a an action of which they, and theoretically, of which voting citizens want them to do.
Secondly, they must approve all actions of the President, as a balancing power to check the actions of the Administrative arm of the government--to keep them from getting too far off of administering the will of every citizen who cares to vote to influence the government to do most nearly what he wants.Congress also has the power to wage war. The President is able to by-pass this temporarily in an emergency, but still has to get Congress to approve and fund it afterward. The War Machine moves very slowly, so it works out generally..
And Congress has the responsibility of making Federal Laws. This is another loophole area, because if the President desires to make laws without the approval of Congress, he merely orders one of the administrative agencies, individuals, or departments that answer to him--or start a new one--and allow them to make policy, which is then implemented and effectively becomes law, unless Congress fights through the tedious process required to stop the new policy/law from being enforced. This is another unintended loophole that is often used by the President.
Constitutional Law scholar that he is, certainly gives President Obama a unique set of skills and knowdege that helps him find the loopholes use these exceptions, which were never intended to be used as standard operating procedures--to get around the methods of governing truly intended by our Founding Fathers.
President Obama has set a new record for circumventing the true intent of our Constitution. He has appointed Czars, who have no written power, but who are used to intimidate and influence the way things are done by other poeple in the government. The complaint of the Conressment written about here is that Obama has used his power to appoint a director to positions, in this case an Ambassador, whom he knows and feels he can count on to do his own bidding, without Congress having an opportunity to weigh in on his decision.
He doesn't want to take the chance that his choice will be nixed by Congress. So, he waits until Congress is not in session to make his appointment which power was intended to deal with emergency situations whithout having to wait on Congressional discussion and approval. This way, he cheats the intended process, and unless Congressmen such as these two protest the President's actions--the President gets his way.
To further complicate things, there is a protocol within each House of Congress, The House of Representatives and The Senate, usually controlled by the Majority Party that can be strategically used to that party's advantage. If the majority party is the same as the President's party, and if they are of the same political pursuation, as they usuaally are, then the President's power to cheat the system is ignored with a wink and a nod by the controlling party of one or most houses.
It may never even come up as a Congressional concern due to the protocols involved in bringing such issues to the floor for discussion and/or vote--these protocols have also arisen and have been ebraced over time, and are now accepted as part of the process even though these procedures may have arisin originally as away to cheat the intended process. The minority party of each house is at a big disadvantage due to this protocol.
This process of accepting those methods of cheating that are cheated at long enough to become the "usual" way, and is therefore no longer considered cheating--only seems natural and second nature to Senators and Congressmen who mostly come from a law background. For the general public, cheating is cheating. But in the past five hundred years or so, laws were defined and redefined by those attorneys who could figure out how to bea the system in behalf of the State or their clients.
Judges, who are supposed to rule impartially (I am often amazed at how impartial they usually are), sometimes inject theri own ideas into their ruling, rather than strictly interpreting the law. Judges mostly come from a law background as well. Therefore to them, this idea of Case Law, that is the way ruling on similar matters have ben ruled upon in the most recent past--is considered the precedent upon which new cases are partially judged. But sometimes judges use their positions in order to influence the outcome of cases, against previous precedent, thereby actually creating laws themselves, by making their new rulings the precednt thereafter.
It is up to sharp attorneys to point out these cases from the past as they prepare ways to defend the position of either the State or their clients. Judges try to keep things on track and see that no one cheats in the way things are done by all other parties. This idea iof Precence is considered "normal" by members of the judicial system, and therefore by Congress.
The most effective Congressmen tend to be those mjen and women who understand the law, Congressional Precedence, is able to rally and carry out their fellow lawmaker'[s desires, AND theri ability to either promote and pass or to oppose and keep from passing--the President's agenda.This ability is usually earned by years in service, alliance-building, Leadership in various Committees, ability to introduce and promote bills, looks, voice, personality, understanding legal and Congressional procedures and precedents.
Presonal PR and the ability to be re-elected within ones own states and districts is also necessary. Diplomacy is usually very necessary for longevity, because if they become too partisan or unpopular among theri peers, they will be retailliated against and become unable to get anything done.
What has recently happened with the mid-term elections, is that enough voting Americans became alarmed at the way Congress and President Obama's Administration was ignoring "the people's" own popular opinions about how things should be done, and they came out and voted against those in Congress who they felt were to blame for this problem.
Since it was not yet time to vote for President, most of the aingst directed against President Obama's behavior in pushing his own agenda above the "the people's" desires, was directed toward members of Congress who had supported the President Obama's agenda. But President Obama has another two years to improve his popular approval and possibly win a second term. This also will be inflenced by the perception that eveolves regarding the NEW Congress, which in the House of Representatives, has changed. Bu the senate is still on the President's "side". This will make for interewsing politics during the next two years.
If the NEW Congress doesn't come through in a big way toward doing the will of the people, which may be very hard to do, with so many things already set in motion by the previous Congress. The PEOPLE are not very patient when they see their lives being adversly affected. The Party and/or president who is in power when tangible relief is noticed by the PEOPLE, usually becomes the benefactors of these changes by receiving approvalo votes--even though the process of change may have actually been set in motion years and election-cycles earlier.
The State of The Union is now in such dire straights, that urgent action must be taken to turn things around. Thanks to these two Congressmen questioning the governing by exception (or loopholes) may help their own popularity if their actions are perceived to makie a difference toward correcting the wrongs perceived by the PEOPLE, which have been going on in or Fedeal Gevernment.