The Joplin Globe, Joplin, MO


January 27, 2013

Our View: Liberty's unsteady branches

JOPLIN, Mo. — On Jan. 4, 2012, President Barack Obama appointed three people to fill vacancies on the National Labor Relations Board.

Frustrated by Senate Republicans blocking his choices, Obama used his interpretation of “recess appointment” power to bypass the Senate and seated the three on his own authority.

The explanation was that previous presidents had done it. (Over 300 alone by the two previous). Obama was just doing the same.

Except these appointments were not the same. These were made while the Senate was still in a technical “pro-forma” session. (Ironically, a tactic started by Sen. Harry Reid to block then President George W. Bush’s recess appointments.)

On Friday, the U.S. Court of Appeals for the D.C. Circuit found it an overreach and ruled that the president did not have the authority he had assumed.

In writing for the unanimous court, Chief Judge David Sentelle wrote that to side with the Obama interpretation “the president could make appointments any time the Senate so much as broke for lunch” and that “Allowing the president to define the scope of his own appointment power would eviscerate the Constitution’s separation of powers.”

And it is that last statement that far too many presidents fail to grasp.

The Oval Office is not a “palace of power,” but rather just one “piece of power” — a piece intentionally founded to be checked and rechecked by its co-equal branches.

 The real danger a president risks when climbing out onto the limb of executive power is not the embarrassing fall when it breaks. It is the inevitable scar left behind on the trunk of the law while out on that limb.

Over the past year the NLRB has made dozens of rulings affecting millions of lives. Each one is now shrouded in uncertainty and most likely to be invalidated.

The Founders envisioned a rowdy House, a deliberative Senate and a respectful presidency. Follow that vision and Thomas Jefferson’s tree of liberty flourishes and fills. Ignore it and we’re left with but a bare and dying trunk.

Text Only
  • Our View.jpg Our View: Lone holdout

    Missouri continues to be the only state in the United States that won’t allow a prescription drug database to be established.

    July 22, 2014 1 Photo

  • Anson Burlingame, guest columnist: Much has changed in U.S. over 14 years

    Does anyone recall the major economic argument during the 2000 presidential campaign between George Bush and Al Gore?

    July 22, 2014

  • Our View: Vote no on Amendment 1

    Proponents of Amendment 1 — the Right to Farm Act — have not made their case. We’ve met with advocates of this amendment to the Missouri constitution and listened to their arguments, but we don’t believe they have adequately answered the central question: Who is it protecting, and from what?

    July 13, 2014

  • Your View: Amendment 5 is deception of the highest order

    Amendment 5, sponsored by Missouri Sen. Kurt Schaefer, R-Columbia, “relating to the right of Missouri citizens to keep and bear arms” provides that “any restriction on these rights shall be subject to strict scrutiny.”

    July 21, 2014

  • Other Views Other Views: No time to turn away

    With the shooting down of a commercial airliner over Ukraine and fighting that has now escalated to a ground war between Israel and Hamas in Gaza, it would be easy for most U.S. citizens to throw up their hands and turn their backs.

    July 21, 2014 1 Photo

  • Your View: Power to defend

    The Globe’s editorial ‘More guns not the answer’ (July 15) was saturated with classic progressive blather.

    July 21, 2014

  • Your View: Thanks for the generosity

    Generally, all we hear about is the bad news, and obviously, there is plenty available. Our church felt this event worthy of public knowledge.

    July 21, 2014

  • Your View: How to upgrade your business

    Let’s see now. When some folks wish to improve the exterior of their properties and have other taxpayers pay for the improvements, they create a community improvement district.

    July 21, 2014

  • Our View.jpg Our view: Street smarts

    If your daily commute has been shortened because you no longer have to wait at 26th Street and Connecticut Avenue for a train to pass, thank your own tax dollars.

    July 21, 2014 1 Photo

  • Other Views Other Views: Decision fails test

    With the announcement that the State Board of Education has decided not to release individual school test results because of cyberattacks and other problems this spring, educators are scratching their heads, as are taxpayers who footed the bill.

    July 21, 2014 1 Photo

Local News
Twitter Updates
Follow us on twitter

A state lawmaker who is one of two doctors in the Oklahoma Legislature is insisting that unaccompanied immigrant minors being housed at Fort Sill be quarantined. Do you think those kinds of measures should be taken?

A. Yes.
B. No.
     View Results
NDN Video
Judge Ponders Overturning Colo. Gay Marriage Ban Airlines Halt Travel to Israel Amid Violence NYPD Chief Calls for 'use of Force' Retraining VA Nominee McDonald Goes Before Congress Bush: Don't Worry, Sugarland Isn't Breaking Up US Official: Most Migrant Children to Be Removed Police Probing Brooklyn Bridge Flag Switch CDC Head Concerned About a Post-antibiotic Era Raw: First Lady Says `Drink Up' More Water Courts Conflicted Over Healthcare Law Holder Urges Bipartisanship on Immigration Raw: Truck, Train Crash Leads to Fireball US Airlines Cancel Israel Flights Obama Signs Workforce Training Law Crash Victims' Remains Reach Ukraine-held City Diplomatic Push Intensifies to End War in Gaza Cat Fans Lap Up Feline Film Festival Michigan Plant's Goal: Flower and Die Veteran Creates Job During High Unemployment