The consequences of unconstitutionality
January 29, 2013 at 10:08 am in News by Dustin Siggins 13 Comments
Last week, the D.C. Circuit Court of Appeals ruled President Obama’s “recess” appointments to the National Labor Relations Board (NLRB) were unconstitutional. Mark Levin’s Landmark Legal Foundation successfully argued the appointments were not done during a congressional recess, which means the case may go to the Supreme Court.
What happens next is up in the air, but the Supreme Court’s decision could reverberate through the entire economy. Brad Plumer at the Washington Post Wonk Blog examined some potential results if the appointments are ruled unconstitutional:
If the ruling stands — and that’s still a question mark — it would mean two big things for the five-member labor board. First, the NLRB would have just one valid appointee left, which would prevent it from deciding any further labor cases. (At least three sitting members are needed for a quorum, though the board could still hold union elections and investigate unfair practices.)
Second, and just as significantly, hundreds of NLRB decisions that have been handed down since January 4, 2012 would suddenly become invalid. That includes rulings on everything from how workers can use social media to regulations on union dues-checkoffs.
According to Plumer, the consequences of not having a quorum are numerous. Quoting a former NLRB Chairman, employers will have the power to ignore a decision by employees to form a union, employers will be able to interfere with union affairs, and “most companies will not voluntarily deal with a union.”
Plumer also outlines just a few of the decisions that would be overturned if the NLRB appointments were found to be unconstitutional. They include decisions related to social media, requirements for employers to give more information than they want to, and rules on employer requirements for the collection of union dues.
According to James Sherk, Senior Fellow in Labor Policy at The Heritage Foundation, in a statement to Tea Party Patriots, the results of a paralyzed Board would be mixed, though largely favorable to employees and employers alike:
The most important thing the Supreme Court would do if it overturned the President’s appointments is re-affirm the separation of powers. With the NLRB appointments the President acted by executive fiat instead of with the constitutionally required “advise and consent” of the Senate.
Overturning the appointments would paralyze the Board. This would prevent the Board from engaging in its routine duties. But given the Board’s tendency shift from being a neutral arbitrator of workplace disputes to reinterpreting the law to benefit unions at the expense of both nonunion workers and employers (consider the lawsuit against Boeing for creating jobs in South Carolina instead of Washington State), a paralyzed Board is not the worst thing in the world. It would protect businesses and employees from activist decisions tilted to benefit unions.
Plumer closes by noting the NLRB would be very dysfunctional if the appointments were overturned and the Senate did not quickly approve new members, though this isn’t necessarily a bad thing. Dysfunction is far more preferable than smooth transitions between bad and/or unconstitutional policies.
When it comes to this potential Supreme Court case, or the still-pending Obamacare lawsuits wending their way through the court system, the consequences of overturning existing laws is the center of a great deal of attention. At the end of the day, however, the consequences of violating the Constitution are far worse, as we have seen in the last century of ever-greater violations of the natural rights of Americans protected by the Constitution. From the perspective of a Tea Party Patriot, the consequences of a fully-functioning National Labor Relations Board are far worse than a free markets dictated by supply-and-demand not political connections or preferences.
The president committed an unconstitutional crime, why not do something useful like have him impeached!? Seems to me Clinton was impeached for what I consider a personal choice, yet here is Obama picking apart our nation and he’s getting away with with it! Get rid of him!
Impeachment is possible but conviction would require honesty among senators . Honesry is not republican alone but there are not enough in the senate who would convict a snake of biting someone in its full view if that snake was Obama.
The NLRB, operating under a “law” that says certain organizations MUST deal with other organizations.
Companies that are free to contract, or not, with every other organization and kind of organization in the world are not free to contract, or not, with labor unions. The are required by law to contract with labor unions.
You have a FECKLESS WIMP as Speaker of the HOUSE—–JOHN BOEHNER—-who has a vagina—-and no kahunas—–and you have Harry DEMENTED REID as Majority leader and establishment elite (who is also feckless) Mitch McConnell as minority leader in the Democratically controlled Senate (for now)—–until the SPEAKER is replaced in the HOUSE and Harry Reid is no longer Majority leader and if Mitch McConnell ever grows a pair—-the chances of bringing forth ARTICLES of IMPEACHMENT are bleak——-even though Obama is committing UNCONSTITUTIONAL ACTS for which he has no authority granted under the CONSTITUTION—-and acting as a DICTATOR—–Boehner will never utter the I word—–he is a wimp—–Newt Ginghrich would have been all over this long time ago—and impeding Obama at every chance
Actually, Clinton was impeached for obstruction of justice. The media indoctrinated the population into thinking the whole thing was about a personal choice. The prospect of making Al Gore president is the only reason Clinton wasn’t convicted in the Senate.
But, yes, we need a Congress that will stand firm on the Constitution. We don’t have that. We have a Congress that waits for what our schizophrenic Supreme Court rules in accordance with what their whim tells them the Constitution should say, instead of being the enforcer of the Constitution and holding the Supreme Court justices responsible for adjudicating in accordance with the Constitution.
After we fix Congress, we will have to fix the Supreme Court. There is more than just one thing wrong with our government. Obama violating the Constitution as if he’s never even read it in his entire life is just one problem, different than the House of Representatives enforcing the Constitution. Yes, Obama should have been impeached with his very first executive order when he issued his edict to the population as if he can write his own laws.
We need a Congress that takes pride in why they are there, and not the bunch of loafers sucking up the gravy train like we have today.
Executive Orders….
The president has no authority to issue any order to anyone or anything outside the limits of the Executive Branch of government, except where the Constitution permits the president to issue pardons, and where in cases of emergency or invasion where the public safety is compromised writs of habeas corpus can be suspended.
Every time Obama has issued an Executive Order that gives a command to the population as if he can write his own laws to suit his whim, and when the Executive Order was not in compliance with an existing law, Obama violated the Constitution.
It’s so bad, when I hear those treasonous frauds elected to government take the oath of office, I actually laugh at the obvious fraudulent pledge to uphold and defend the Constitution.
I have written a book that covers this very thing. It outlines a workable solution for our out of control government. It includes a section on Constitution crimes…
The book can be purchased here:
https://www.smashwords.com/books/view/277193
The. President cannot be impeached. Why? Because, if ever a despot were defined in S
American history, it would no longer be Lincoln suspending Habeus Corpus, no longer Franklin Delano Rooseveldt packing the Supreme Court, by sheer weight of arogance and ignorance, Obama is the picture of that despot.
The house has held the duty to impeach that man from the moment he demanded the then sitting President Bush release bank-bailout money to what was effectually a slush fund. To say a Democrat house would do no such thing is to concede that willfuly violating ones oath of office is not perjury. Pelosi had the duty, she did not do it, she also had the duty to submit a budget, that niether, now it’s Boehner’s job- w
What? Impeach his golfing buddy?
So everywhere I look, I see comments, opinions, and facts that support the dire state of our Nation, but I have trouble finding out what to DO about it. I suppose I’m probably already on a no fly list and a target for round up when that starts. So what do we do? Obviously voting, signing petitions, and writing our legislators doesn’t mean anything.
Talk to your friends and family too. Give them the facts.
“Progressivism” is an empty vessel. Nothing short of continual massive lies can cover it’s total failure.
We’ve already won the war of ideas, we just have to get out the facts so more people can decide for themselves.
I don’t know of anything else to do.
By design, Congress, specifically the House of Representatives, is responsible for protecting the people from an oppressive unconstitutional government being established.
Obviously, that line of defense is defunct. The next line of defense is the states. After that, it is the people defending the Constitution in the streets against the government.
That’s the reality.
The great thing that history shows us about all cynical tyrants is that one way or another they all fail- some sooner then later.. some later then sooner but they all fail and believe me our Clown President is one. We all live in the greatest country in the world, our resolve never wilt’s away especially in the face of a good fight. Now is the time where we stand as a nation of Americans and let this Elected Clown know and any other for that matter this is not the way we want our country to go. We as a people hold the cards, we as poeple hold the loudest voice,Pres. Clown talks about silencing Fox news and Rush we as one can silence him and his circus with our Voice but that’s what it takes voting, signing petitions, writing legislators and I believe Massive turn outs at Rallies, why not have a One Million American March on DC, bet you that would make some asses tighten up it’s our Voice that will sink this Clown without it we’re all just as good as the invertebrates in the Senate and House
I have a problem with what Obama is doing, In taking the oath of office, he promised to protect and defend the Constitution of the United States and he is destroying that document and our rights guarrenteed by that document and why can’t he be impeached? Now here in Colorado, we have two liberal democratic senators, and a liberal governor, our only hope is a Representative Doug Lamborn. We don’t stand a chance!! I have written to all of them to stop letting obama raise the debt ceiling and JUST SAY NO!!!!!! But it still keeps happening, Yes, the media is now turned into a terrorist group as they promote the demise of the American people. Now, there is not much hope for the people of Colorado as the idiots (liberals), voted for the legalization of Marijuana and that’s explains alot about why Colorado voted for obama.!! But we need help and we pray for our country!!! And please tell Mr. Levin, that we thank him for the service to this country!!!