‘A Lawless Action by the President’

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As Adam White explores in much greater detail, President Obama plainly doesn’t like being required to obtain Senate approval of his nominees — even though the Senate is controlled by his own party. Instead, Obama has preferred to entrust power to so-called “czars,” who aren’t approved by the Senate and whose posts (unlike most high-level positions in the executive branch) aren’t established by Congress. He previously used a recess appointment to circumvent the Democratic controlled Senate and install the controversial Donald Berwick — an outspoken advocate of health care rationing — as head of Medicare and Medicaid. Now he has decided to go further, issuing “recess” appointments even though the Senate is in session. 

Charles Krauthammer says,

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