Golfing While the Constitution Burns

Ben Johnson, The White House Watch

When Barack Obama and John Boehner played golf this weekend, they played on the same team. How appropriate.

Barack Obama has violated the Constitution’s war-making power – reserved by Article I, Section 8, to Congress – from the moment he sent American troops into harm’s way without Congressional approval. He has been violating the War Powers Resolution since at least the 60th day of that campaign. And he has violated the most liberal reading of that act – the one Boehner has adopted as his own – since this weekend. Yet despite the letter Boehner authored last week, which the media presented as an “ultimatum,” Obama has neither obtained Congressional authorization nor removed our troops. Boehner’s letter weakly supplicated “I sincerely hope the Administration will faithfully comply with the War Powers Resolution,” but at least it seemed to set this weekend as a definitive cut-off point.

The “deadline” has come and gone, and Obama has not answered the most burning questions of the mission’s legality to anyone’s satisfaction. Instead, the president has thumbed his nose at Congress in general, Boehner in particular, and the American people at large, and the Speaker-cum-caddy has made no meaningful response whatsoever.

Obama insists the American role in Libya is too diminutive to constitute “hostilities,” so his action is perfectly legal. White House spokesman Jay Carney repeated his boss’s party line at Monday’s press conference, stating, “the War Powers Resolution does not need to be involved because the ‘hostilities’ clause of that resolution is not met.” However, soldiers in Libya are receiving an additional $25 a month in “imminent danger pay.” American drones still rain missiles down upon military targets. NATO is alternately bombing Muammar Qaddafi’s home and killing the innocent Libyan civilians they are purportedly protecting. (We had to kill the civilians in order to save them?) NATO admitted (at least) one of its bombs went off target on Sunday, killing nine civilians in Tripoli, while allied bombs allegedly killed 15 civilians in Sorman on Monday.

Not to worry, though; Defense Secretary Robert Gates said over the weekend, in a confidence-builder worthy of Churchill, “I think this is going to end OK.” Gates, who once opposed the Libyan adventure, has pulled a 180 on the matter.

Even Obama’s short-term fellow Illinois Senator, Dick Durbin, agrees Libya more than rises to the level of hostilities.

So, too, we have learned, do the best legal minds of Obama’s administration (not a coveted nor much-contested title, I assure you). In overruling his own lawyers, Obama rejected the considered conclusions of Jeh C. Johnson, the Pentagon’s general counsel, and Caroline Krass, the acting head of the Justice Department’s Office of Legal Counsel (OLC). The New York Times reported it is “extraordinarily rare” for any president to overrule the OLC. “Under normal circumstances, the office’s interpretation of the law is legally binding on the executive branch.”

But then, nothing in the Obama administration transpires under “normal circumstances.”

Two former OLC lawyers outlined precisely how unusual the dismissal was….

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American Victory: Radical Obama Judiciary Pick Withdraws

Steven Ertelt, LifeNews.com

Following a Senate vote upholding the filibuster Republicans mounted against the nomination of pro-abortion activist Goodwin Liu for a federal appeals court position, Liu has submitted a letter to President Barack Obama withdrawing his nomination.

The Senate Judiciary Committee approved Liu’s nomination for the federal appeals court in the western United States in April on a 10-8 party line vote. Last week, the Senate voted 52-43 against stopping the Republican filibuster with Republican senators Lindsey Graham, Dick Lugar, John McCain, Olympia Snowe, Susan Collins and Scott Brown all voting to stop the nomination from moving forward. Democratic Sen. Ben Nelson of Nebraska joined them while “pro-life Democrats” Bob Casey and Joe Manchin voted to allow the nomination of the abortion activist to move ahead.

Lisa Murkowski, a pro-abortion Republican, was the lone GOP vote for ending the filibuster.

“In light of last week’s unsuccessful cloture vote … I respectfully ask that you withdraw my nomination from further consideration by the United States Senate,” Liu wrote to Obama in his letter, according to Politico. “With no possibility of an up-or-down vote on the horizon, my family and I have decided that it is time for us to regain the ability to make plans for the future.”

“In addition, the Judicial Council of the Ninth Circuit has noted the ‘desperate need for judges’ to fill current vacancies, and it is now clear that continuing my nomination will not address that need any time soon,” he said.

Eric Schultz, a spokesman for the White House, responded to the letter in comments to Politico saying, “Goodwin Liu would have brought extraordinary credentials, great intellect, and an inspirational life story to the bench. We remain disappointed he was not confirmed by the United States Senate but are confident he has a brilliant future. This administration will continue to work diligently to nominate judicial candidates from diverse backgrounds with mainstream views who respect the rule of law.”

Sen. Charles Grassley of Iowa, ranking member of the Judiciary Committee and pro-life lawmaker, applauded the withdrawal.

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GOP Senators Block Obama’s Extremist Judicial Nominee

Steven Ertelt, LifeNews.com

Senate Republicans blocked the confirmation of Goodwin Liu, Obama's extremist judicial nominee.

The Senate votes today against a motion by Senate Democrats to cut off debate on Goodwin Liu, a pro-abortion law professor President Barack Obama selected to become a judge on a federal appeal court.

The Senate Judiciary Committee approved Liu’s nomination for the federal appeals court in the western United States in April on a 10-8 party line vote. Liu, a liberal University of California law professor, faced opposition from Republicans while getting support from each of the Democrats on the committee and Republican lawmakers have filibustered his nomination, calling him too extreme to be approved.

Today’s vote saw Senate Republicans uphold their filibuster 52-43 with Republican senators Lindsey Graham, Dick Lugar, John McCain, Olympia Snowe, Susan Collins, and Scott Brown all voting to stop the nomination from moving forward. Democratic Sen. Ben Nelson of Nebraska joined them while “pro-life Democrats” Bob Casey and Joe Manchin voted to allow the nomination of the abortion activist to move ahead.

Lisa Murkowski, a pro-abortion Republican, was the lone GOP vote for ending the filibuster.

During the debate leading up to the vote, Senator Orrin Hatch of Utah, a member of the committee, outlined his strong opposition, saying Liu has “activist judicial philosophy is fundamentally at odds with the principles on which our system of government is based.”

…As a law professor at Berkeley, Liu has spent the last few years lecturing about his disdain for the U.S. Constitution. “‘[S]trict construction,’” he wrote in the Stanford Law Review, “[doesn't] make a lot of sense.

Meanwhile, Curt Levey, executive director of the conservative Committee for Justice, called Liu “the worst of Obama’s nominees at all levels of the federal courts.”

Obama picked Liu for the open federal appeals court seat a year ago, but Republican filibusters kept him from receiving approval in the full Senate — forcing Obama to renominate Liu this January. With Democrats controlling fewer seats now, at 53, they are seven short of the 60 votes needed to stop a filibuster assuming no Democrats peel off and side with Republicans, which may not be the case for some moderates or those facing tough election battles in 2012.

Liu is a liberal abortion supporter who conservative legal guru Ed Whelan observed was so left-wing that former “White House chief of staff Rahm Emanuel initially vetoed” his candidacy for the Ninth Circuit “on the ground that Liu’s left-wing record made him too controversial.” But Whelan says new White House counsel Robert Bauer “eager to please the Left, successfully pushed back.”

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Big Labor’s Dictatorship Takes Jobs Away from South Carolina

Michael Reagan, FloydReports.com

One of the shameful hallmarks of a dictatorship is the restriction of movement — telling citizens or groups they cannot travel or relocate freely.

We are now witnessing a shocking example of that dictatorial practice at the hands of the National Labor Relations Board (NLRB), which is insisting that a major U.S. employer may not move some of its operations from one state to another because to do so might somehow violate workers’ rights.

The case in point involves famed aircraft manufacturer, Boeing, which is building a second assembly line for its new 787 jetliners in South Carolina. That’s a no-no, says the NLRB.

Huh? A federal government agency which is supposed to monitor relations between employers and their employees to insure fairness is taking into its hands the power to say which manufacturer may or may not relocate its facilities on what it sees as the basis of good business practice.

Boeing, whose aircraft have helped secure the liberty and safety of Americans in countless wars, wants to move some of its facilities from the state of Washington to South Carolina which happens to have a so-called right-to-work law, which permits employees of companies with facilities in the state to choose whether or not to join a union.

Big labor hates that kind of law. Big labor insists that employees, like slaves, must either be….

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