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Obama recess appointments unconstitutional

Home - by - January 25, 2013 - 18:20 America/New_York - 18 Comments


In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling 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 he made to the National Labor Relations Board are illegal, and hence the five-person board did not have 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 “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.

“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.

The judges said presidents’ recess powers only apply after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.

And the court ruled that the only vacancies that the president can use his powers on are ones that arise when the Senate is in one of those end-of-session breaks. That would all but eliminate the list of positions the president could fill with his recess powers.

White House press secretary Jay Carney called the ruling “novel and unprecedented,” and said it contradicts 150 years of practice by presidents of both parties.

“We respectfully but strongly disagree with the rulings,” he said.

But Noel Francisco, a lawyer at Jones Day who argued the case for the U.S. Chamber of Commerce and the company that challenged the NLRB appointments, said the court had returned to the Constitution’s intent, which was to make the recess appointment an emergency power for use only when Congress was not available.

“Issues like this — it’s not about protecting the Congress from the president and the president from Congress,” Mr. Francisco said. “The Constitution draws these lines ultimately to limit the government to protect the people.”




  1. Chieftain

    January 25th, 2013

    God Bless America, and God Bless Mark Levin and his group for filing this lawsuit so quickly. If it were not for standup guys like him, who truly understand and fight for the Constitution, we would be in even more big trouble than we already are.

    Noteworthy Comment Thumb up +25

  2. serfer62

    January 25th, 2013

    Now to enforce it

    Noteworthy Comment Thumb up +13

  3. Stirrin the B,S,

    January 25th, 2013

    While this was a breath of fresh air to read, the fuggin Marxists/Statists/democraps are relentless in their pursuit to subvert and destroy our constitution. I just pray to God that this decision stands any challenge that they throw out.

    Noteworthy Comment Thumb up +14

  4. Poonces

    January 25th, 2013

    Yay. Finally some good news. Hope Obammy gags on it.

    “novel and unprecedented”?

    What does Jay Carnival Act have to say about all the “unprecedented crap” this administration is doing and saying?

    What a ball-less little twatwaffle. Sorry, can’t stand the dweeb.

    Noteworthy Comment Thumb up +16

  5. MaryfromMarin

    January 25th, 2013

    Amen to this decision. Now let it stand!

    Thumb up +6

  6. thirdtwin

    January 25th, 2013

    Don’t worry, I’m sure Boner and BcConnell will find a way to help Scarhead over this little speed bump on the road to despotism.

    Thumb up +6

  7. bitterclinger

    January 25th, 2013

    Rush said that Landmark Legal’s briefs are so on point that judges only need to see them to make their decision.

    Thumb up +3

  8. dapenguin

    January 25th, 2013

    how dare you rule against me, that is RACISSSSSSSSSSSSSSSSSST

    Thumb up +4

  9. norman einstein

    January 25th, 2013

    @Chieftain and bitterclinger, I heard Rush today, too:
    “I’ll tell you if you go through this, there’s a fantastic constitutionally based legal foundation, Landmark Legal Foundation, and their arguments appear to be almost universally adopted by the court when you read the rulings. So congratulations to Landmark Legal Foundation.
    As you know it’s headed up by our good buddy here, Mark F. “Lee” Levin.”
    Transcript: http://tinyurl.com/bbovm7y

    Unfortunately, it’s not over. Obozo will take this to the Supremes.

    Thumb up +7

  10. Blacksmith8

    January 25th, 2013

    But, I have to ask
    ‘At this point, what does it matter? The first, second, fourth, and fifth amendments are DEAD, DEAD, DEAD!’

    I may have paraphrased there, a little bit.

    Thumb up +2

  11. One Notch Above a Congresscritter

    January 25th, 2013

    The Shitstain has to go. Now.

    Thumb up +4

  12. IOpian

    January 25th, 2013

    Nixon resigned when faced with impeachment on the grounds of Abuse of Power. But then again, Nixon had an iota of moral character.

    If the Dems make a grab for guns then that will set the stage to take the Senate. Impeach, remove and prosecute. Hopefully Obama’s legacy will be the first President removed from office then imprisoned for his crimes. Of course there will be riots in the streets…. but never let a crisis go to waste.

    Thumb up +4

  13. RosalindJ

    January 25th, 2013

    That wasn’t the only good news today. Remember this? http://iowntheworld.com/blog/?p=134624 ?

    Russ and Pat Caswell’s nightmare of the corrupt forfeiture law is drawing to a close. A federal judge rejected the Justice Department’s (known to you and me as the place Holder lights his fireplace with tatters of the Constitution) effort to seize it.

    The phrase “complete victory” have a sweet ring. On top of it being a Friday, it’s a good day.


    Thumb up +1

  14. Saxindacity

    January 25th, 2013

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  15. thirdtwin

    January 25th, 2013

    Is this what lame duck tastes like? I could get used to it, even if the hunting is earlier than usual.

    Thumb up +1

  16. Worst President ever

    January 25th, 2013

    Obamas’ presidency is unconstitutional.
    If we find out 10 years from now,he was not legally allowed to be president can he be placed in prison,and all of his commie laws expunged.

    Thumb up +1

  17. Dan Ryan Galt

    January 25th, 2013

    You know what they call the person who graduates last in his class in medical school? Doctor!

    After four years of Harvard and Columbia schooled Obama, it kinda makes you wonder where he ranked when he graduated.

    This decision if hopeful but will only enrage the beast so be vigilant. And I don’t just mean Mooshell.

    Thumb up +1

  18. really enraged

    January 26th, 2013

    How long before we hear l’il jayboy crapney or the enemy in chief ask how many divisions the appeals court has?

    Thumb up 0