Jonah, just to be clear, I’m not certain it’s unconstitutional either. Not all encroachments cross that line, and as I’ve said many times, the lines are intentionally not bright. The framers assumed there would be lots of tension between the political branches, and one side’s play need not be unconstitutional before the other side uses its arsenal to fight back.
As far as fighting back is concerned, I am mindful of the calendar with respect to everything Obama does. But being a Republican does not necessarily mean one has to lose every one of these duels. Obama wants a lot of people appointed and things done that would be deeply unpopular if the public’s consciousness were raised to them. And sometimes, traps or not, things are worth fighting over — a category into which I would put the NLRB and the CFPB.
If you get the opportunity to pick a fight that shines an election season light on Obama’s imperial administrative state, the radical czars and officials he’s got running things, and the lengths to which they wish to intrude on what used to be the private sphere, that is a fight to welcome. Yes, the GOP could screw it up, but I don’t think they excite voters very much by letting Obama walk all over them, either. Turnout at the polls was not particularly impressive last night — and it may even have been down from four years ago if you subtract the Democrats and independents who voted in the GOP caucuses because the president is unopposed. It is not just the field of presidential candidates that people find less than inspiring.