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It’s been a bad week for Barack Obama, and things just got worse. On top of the growing scandals over the I.R.S. targeting conservative groups and the Justice Department snooping on journalists, the president has just received a major constitutional reprimand from the federal courts over his dubious exercise of executive power.
In a decision handed down Thursday morning, the U.S. Court of Appeals for the 3rd Circuit ruled that Obama violated the Constitution by making a recess appointment to the National Labor Relations Board in 2010 when the Senate was not actually in recess. In an unprecedented move two years later, when the Senate was holding pro forma sessions for the precise purpose of denying him the lawful ability to make a recess appointment, Obama simply ignored this legal impediment and made four purported recess appointments anyway, including the addition of three members to the NLRB.
Originally posted by 727Sky
reply to post by guohua
Hey Girl hope you and your family are well! Have not seen your post for awhile figured you were on Holiday! Anyway thanks for the comment take care.
According to the Constitution, the president must seek the “advice and consent” of the Senate when filling certain government positions. The president may only bypass this confirmation requirement in those rare cases where a temporary appointment is needed to "fill up all vacancies that may happen during the recess of the Senate." This is known as the president’s recess appointment power.
Washington's Blog said America's waging 74 wars. It's "fighting or 'helping' some force in some proxy struggle that has been deemed beneficial by the nation's masters of war. US special forces operate in over 120 countries"
Originally posted by ArnoldNonymous
It's obviously the right-wing conservatives' fault...it always is according to Obama.
When in doubt: it's their fault!!
it's always anyone but his own fault, that's for sure. I just pray that we see the day he tries to blame michelle for the next big scandal...
And therein lies the implausibility of the [NLRB’s] unavailable-for-business definition. As explained above, the Board argues that a recess occurs any time members of the Senate do not have a duty to attend, the Senate chamber is empty, and the Senate is unavailable to receive communications from the president.
…The problem with this definition is that the Senate fulfills these criteria whenever its members leave for the weekend, go home for the evening, or even take a break for lunch. In each of these instances, the senators have no duty to attend, the Senate chamber is empty, and the body cannot receive messages from the president.
Defining recess in this way would eviscerate the divided-powers framework the two Appointments Clauses establish. If the Senate refused to confirm a president‘s nominees, then the president could circumvent the Senate‘s constitutional role simply by waiting until senators go home for the evening.