Bringing Libya home.

Another novel legal argument by the Obama Administration has been presented by the President, surprisingly giving him the authority to do want he wants when and how he wants. Who wants to bother with those pesky "checks and balances" in the Constitution, anyway?

Remember Libya? Small country, under the despotic rule of a despised tyrant? Obama decided to drop a load of expensive ordinance on Libya and provide other military assistance to help the Islamist's revolution and ascendency to power. Under the War Powers Act, the President may initiate hostilities where necessary, but is obliged to come to Congress to seek approval to actually fight a war. Obama never showed up; he didn't see any need to bother Congress with what he considers a restraint on his authority. When pressed on the issue, the Administration provided a legal opinion which advanced Obama's reasoning. His reasoning was as follows: the U.S. military has bigger guns, and it was impossible for the Libyan military to shoot back effectively. Therefore, since we could shoot Libyans and they couldn't shoot us, it wasn't really a war.

A novel legal theory to say the least, and not a shred of truth in it; absent a war, the President has no authority to simply send the military off to attack countries that have not attacked or threatened the U.S. Even the wars in Iraq and Afghanistan were related in some manner to the terrorist's 9/11 attacks.

Now Obama is in the process of making "recess appointments."  He has appointed John Cordray to head the dubious Consumer Financial Protection Bureau. Although nominated several months ago, the Senate has refused to confirm Cordray due to concerns with the overreaching powers granted under the CFPB act. He has also appointed three members to the National Labor Relations Board. Obama said he had to act because he refused to take "no" for an answer.

The President, of course, has the power to make appointments when the Senate is in recess.

The Senate, however, is not in recess. 

The Senate chose not to recess, but to remain in Pro Forma Session precisely for the purpose of preventing the President from making recess appointments. In Pro Forma Session, the Senate is called to order every three days in accordance with Constitutional requirements. That may sound like "gridlock," and maybe it is, but it is better to be gridlocked than to move in the wrong direction.

So the Administration has trotted out another novel legal theory; they say the Senate is in Session not when the Senate says so, but when the Administration says so. If the Senate is not conducting business, the Administration says it doesn't count as being in Session. This flies in the face of the Constitution, of Separation of Powers, of a hundred years of tradition, and even of legal briefs by the Democrats during the Clinton Administration. As with Libya, war is not war unless Obama says so; he is just bringing the Libya argument home.

As usual, "Constitutional Lawyer" Obama displays with these appointments his disregard and disdain for the Constitution, the American People, and the concept of representative government.