Court: Obama recess appointments unconstitutional

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  1. #1
    kssooner's Avatar
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    Court: Obama recess appointments unconstitutional

    A federal appeals court has overturned President Obama’s controversial recess appointments from last year, arguing he abused his powers and acted when the Senate was not actually in a recess.
    The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments Mr. Obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
    But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.
    The judges signaled the power only applies after Congress has adjourned sine die, which is a legislative term of art that signals the end to a long work period. In modern times, it means the president could only use his powers when Congress quits business at the end of a year.
    “The dearth of intrasession appointments in the years and decades following the ratification of the Constitution speaks far more impressively than the history of recent presidential exercise of a supposed power to make such appointments,” the judges wrote. “Recent presidents are doing no more than interpreting the Constitution. While we recognize that all branches of government must of necessity exercise their understanding of the Constitution in order to perform their duties faithfully thereto, ultimately it is our role to discern the authoritative meaning of the supreme law.”

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    Court: Obama recess appointments unconstitutional

    Wow.

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    That's a triple whammy in that he loses his appointments, the court basically said you can't skirt around the constitution, and the judicial branch is, at least to a degree, evening out the checks and balances. Good job.
    2 users like bushmaster06's post: Aurora, kssooner


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    Wow now all those anti business NLRB actions will be gone.

    Nice article http://online.wsj.com/article/SB1000...n_AboveLEFTTop
    The following users like this post: Aurora


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