Obama's plan to use "regulatory powers" as an end run arond that pesky institution we know as "Congress" is once again defeated by a court of law !!

Editor's notes: As you read this, understand that this is not the only time or the first time Obama has tried to maneuver around Congress and install his policies as if he were a dictator. This particular story concerns itself with a decision Obama made to use the regulatory powers of the Department of Energy to shut down Yucca Mountain as a depository for nuclear waste. Understand that "Yucca Mountain" is a legislated decision by Congress. Obama sought to over turn that law by simply using a regulatory agency "at his disposal."

Three administrative judges within the Nuclear Regulatory Commission ruled last week that Congress had designated Yucca Mountain in 1987 to receive highly toxic waste from the Savannah River Site on the S.C.-Georgia border and other complexes that built atom bombs during the Cold War.

The panel found that President Barack Obama and Department of Energy Secretary Steven Chu, a nuclear physicist, lacked the power to close the Yucca repository unilaterally; doing so, it ruled, would require another act of Congress.

"Unless Congress directs otherwise, DOE may not single-handedly derail the legislated decision-making process by withdrawing the (Yucca repository) application. DOE's motion must therefore be denied," the judges wrote, adding that the DOE had weakened its arguments by "conceding that the application is not flawed nor the (Yucca) site unsafe." READ MORE >>>

Obama faced similar rejection concerning his effort to use the FCC to limit free speech on the internet in a decision by the DC Court of Appeals. The Supreme Court confirmed the notion that corporate political speech is to be considered as protected speech, a decision that angered Obama and led to critical remarks during his 2010 State of the Union address. Obama considered "executive order" and the regulatory powers of the EPA to circumvent Congressional legislation required to institutionalize Cap and Trade [he has apparently backed off this strategy] LINK. And, there is his attempt at using the FTC to accomplish that which was defeated in the FCC Court of Appeals decision. There is the thought that Obama might use "executive order" to give amnesty to the 11 million illegal aliens in this country. That strategy was "put out there" two weeks ago but appears to be going nowhere. Finally, there is the issue of Obama's use of "staff" to increase his power as an "administer." In an article Midknight Review wrote last week, we documented the salaries of 469 staffers. In working on that article, we discovered that President G.W. Bush had a staff of 48. Again, 48 staffers compares to Obama's 469 !! Almost unbelievable !! This is precisely why Obama can spend 13 months of the first 18 doing nothing but playing 60 plus rounds of golf, making nearly 1,100 speeches (726 last year), personal appearances (Letterman, Leno, the Today Show, etc. ), status speeches (State of the Union, the UN, the G-8 and G-20, Copenhagen, the Olympics reprentation and etc. ), campaign appearances (New Jersey, Virginia, Nevada, California, Florida and more) and out of country trips to Cairo, Columbia, Kabul [Afghanistan], Indonesia, Iraq, Ghana, Istanbul in Turkey [visiting a Muslim mosque there] , Germany, England and more.

Understand that Obama is the most radical president this nation has ever seen -- unwilling to take "no" for a legislative answer; willing to challenge the separation of powers as he misuses authority traditionally given to the president; one who is desperately trying to stack the High Court with jurists committed to a revisionist view of the Constitution. (text by J Smthson)

updated 10:54 am 7/6