Unconstitutionally operating a federal agency in open defiance of the courts is about as good an example of breaking free from essential constraints as can be imagined, and it may be testing the waters for the outright rejection of the Constitution Seidman proposes.
Given the stakes, it is imperative for Congress to immediately zero out the NLRB's budget in upcoming negotiations over the continuing resolution to fund the federal government. If they instead acquiesce to Obama's apparent act of "constitutional disobedience," they may embolden him to push further towards Professor Seidman's goal of giving up on the Constitution altogether.
Phil Kerpen is president of American Commitment, a columnist on Fox News Opinion, chairman of the Internet Freedom Coalition, and author of the 2011 book Democracy Denied.
American Commitment is dedicated to restoring and protecting America’s core commitment to free markets, economic growth, Constitutionally-limited government, property rights, and individual freedom.
Washingtonian magazine named Mr. Kerpen to their "Guest List" in 2008 and The Hill newspaper named Mr. Kerpen a "Top Grassroots Lobbyist" in 2011.
Mr. Kerpen's op-eds have run in newspapers across the country and he is a frequent radio and television commentator on economic growth issues.
Prior to joining American Commitment, Mr. Kerpen served as vice president for policy at Americans for Prosperity. Mr. Kerpen has also previously worked as an analyst and researcher for the Free Enterprise Fund, the Club for Growth, and the Cato Institute.
A native of Brooklyn, N.Y., Mr. Kerpen currently resides in Washington, D.C. with his wife Joanna and their daughter Lilly.