Trump's Win No Grounds for Concern

By Daily Editorials

November 18, 2016 3 min read

In the wake of the most contentious presidential race in recent history, some overwrought Americans are panicked and protesting, irate and horrified at what Donald Trump's election will mean for the future of this country. We should be thankful, however, that we live in a country blessed with a constitutional system of checks and balances, a system of carefully divided powers.

We don't elect a king.

It would indeed be disturbing for a president to ignore the limits of executive branch authority to impose his agenda. But Trump has yet to take office. Barack Obama, on the other hand ... well, that's been his preferred approach. The "pen and phone" thing, remember?

The federal courts on numerous occasions have struck down Obama's executive edicts on constitutional grounds. But the president's disdain for constitutional restrictions on his power continues.

The day before the election, the U.S. Supreme Court seemed skeptical of the government's arguments in a case involving the temporary appointment of a former labor official. At issue was whether Lafe Solomon, the top attorney for the National Labor Relations Board, could morph from "acting general counsel" to a permanent position without ever being confirmed by Congress.

"President Obama had regularly used his executive branch authority to circumvent Congress, including regarding high-level appointees," the Washington Examiner noted. "The court's decision could force him to cut more deals with Congress on appointments."

At issue is a 1998 law blocking the president from using temporary appointments to bypass the Senate's advice-and-consent role. The Obama administration argues the law doesn't prevent the president from tapping other senior officials as fill-ins even if they are also formally nominated for the post.

Last year, however, a federal appeals court ruled that Solomon's tenure was invalid under the law. During last week's argument, the justices appeared dismissive of the administration's interpretation of the statute, as well. A ruling is expected by the end of June.

This isn't the first time that President Obama has acted — or tried to act — illegally. In 2014, the high court ruled unanimously that the president exceeded his constitutional authority when he abused his "recess" appointment power to circumvent Congress. He also overstepped his bounds in repeatedly extending Obamacare's employer mandate, signing executive orders regarding immigration, and going forward with the EPA's Clean Power Plan and Clean Water Rule.

We could go on and on (and on).

Our Founders established the separation of powers to protect liberty by preventing the accumulation of authority in any one branch of government. It's imperative that division remains, regardless of how we feel about the man at the top. But at this point, Trump has nothing on Obama.

REPRINTED FROM THE NORTHWEST FLORIDA DAILY NEWS

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