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Friday, June 27, 2014

When Is a Scholar Not a Scholar

Sometimes I am amazed at the ignorance of people who ought to know better.  Today's example of the phenomenon is Jeffrey Toobin.  Toobin is normally described in the mainstream media as a "constitutional scholar".  Today, Toobin wrote a piece in The New Yorker about the decision of the Supreme Court striking down president Obama's illegal and unconstitutional recess appointments.  Toobin laments the decision and what a mess it will leave.  Here is the most important sentence in the article:

President Obama will continue to struggle to staff and run his Administration. Republicans will continue to block and delay Presidential appointments at all levels.

Toobin should know better, but apparently he doesn't.

Let's start at the beginning.  President Obama may have a struggle to RUN his administration; that is due to incompetence.  On the other hand, Obama ought not have much problem staffing his administration.  After all, even for those appointments that require a confirmation by the Senate, there is control of that chamber by the Democrats.  Republicans cannot block any presidential appointment because they are just a minority.  Appointments other than to the Supreme Court itself cannot be the subject of a filibuster, so the Republicans are completely without power to block or delay appointments.  Only when more than five Democrats join the fight against a nominee can the nomination be blocked.  There have been a few appointments recently where just such opposition developed, but that is not Republican obstruction; it is the selection of nominees by Obama who were not even satisfactory to senate Democrats.

Toobin should not be called a "scholar".  Of course, the mainstream media like to call Obama a Constitutional Law professor (even though he was not).  Given Obama's lack of knowledge about and respect for the Constitution, may by that standard Toobin is a constitutional scholar.




 

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