Title Says: Federal Court Slams Obama's Use of Recess Appointment Power

reason.com...

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.

I have read reports about the recess appointments and Holiday passage of some legislation and just figured it was par for the course. I might have been wrong.

In America we are supposed to have a representative government based upon the Constitution. Anyone who steps outside the bounds of the laws set forth by that document (they swore to uphold) should be reminded of their pledge and a redress should be instituted to correct the wrong.. This judgement may go all the way to the Supreme Court.... Regardless of who is in the W.H. I am glad their are still those who know the difference between right and wrong and will take their grievances to a court of law.

reply to post by 727Sky

In America we are supposed to have a representative government based upon the Constitution.

Yes , But Not In Obamas America!

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.

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.

My friend we're doing Great Thanks for asking. I also hope you and your's are Healthy, Happy and Sassy!!!!

Actually, we've been following the threads on all of Obamas Administrations Scandals.
I'm enjoying reading the Obamanites defend their Messiah.
I have to be truthful. Obama would have gained so much more respect from the common American Citizen if he'd just Manned - Up and Taken It In The Shorts For His Administration instead of all these worthless Lies and Excuses and passing the Blame on to someone else.
But then again, we are taking about a Man has No Back Bone and No Self-Respect.
S & F for your thread, I didn't see it in the news outlets I've been watching.

S+F

I was beginning to think I was the only one here who read Reason magazine.

I read it the same time you did I think.

From one of my favorite sites,,, OH,,, am I going to get Slammed from the Obamanites for bringing this site into the mix.
Federal Court Slams Obama's Use of Recess Appointment Power as Opposition to Presidential Tyranny Grows.

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.

thecomingcrisis.blogspot.com...
Just how temporary were those positions he filled anyway? Knowing Obama,,, not very Temporary At All!!!

reply to post by 727Sky


Good, he deserves it. The house of cards is beginning to crumble.

We should have elected Ron Paul, the true constitution warrior.

reply to post by Kharron


You mean that Crazy old guy who would have cleaned clock at the federal reserve and pulled us out of the 74 big and little conflicts that the U.S. is funding or participating in?

He might (probably) would have been assassinated within 6 months if not sooner depending on his V.P.

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"

Yep for sure we can't have that!!

It's obviously the right-wing conservatives' fault...it always is according to Obama.

When in doubt: it's their fault!!

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...

reply to post by 727Sky


The fools who enter a court of law expecting justice that lies outside of serving the elite in the most valuable way possible per the situation will get what they deserve. Courts are where games are played; the imaginary navy game.

Hmm bet you all these will be dismissed. and he will continue to rule the land with his julius ceaser attitude

reply to post by ThinkYouSpeak

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...

Whew if he did that I am willing to bet he would not be able to set down for a month after she got finished beating his butt. Won't happen he is to smart for that.....

A few years ago, I remember posting that what a president does during his presidency good or bad have repercussions that will pass down to presidents after him regardless of which party it belongs

We have a type of corruption that is using the law and power to further the agendas of the ones that are running the nation behind groomed and chosen propped presidents.

Bush eroded many rights, passed many laws, bills and used executive powers to further the agendas of those that control Washington, he also increased the size of government to protect the corruption.

Now Obama is doing what he is told to do, keep eroding rights, the ability of the common citizens to wag war against government when it becomes tyrannic, while increasing the powers of the executive branch thanks to the open doors left by those before him.

The next president will be the worst that this nation will ever experience because the corruption and damage to our political system is already at a point of no return and the laws will be there to protect them

You are all warned.

reply to post by 727Sky


Interesting and glad Reason and the courts caught up to those of us that identified how it was wrong, why it was wrong and the implications (along with the political game played by Senator Reid regarding it) was wrong.

Senator Reid was for calling pro forma sessions as sessions during President Bush, but then changed it to not "really" sessions under President Obama. That is politics and that is shady. Either way, pro forma is a Harry Reid creation that muddled the waters under President Bush to restrict recess appointments and then all of a sudden it was used to appoint via recess under President Obama.

No one cares about that?! That you are played day in and day out?!

Both opinions are worth the read in the two cases but this is a sound argument:

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.

Post Script
This scope isn't on just President Obama or even former President Bush. This is a constitutional question and a power that the Executive, regardless of the letter behind the name occupying it does. It is important to keep the clear boundaries of political power divided at the Federal level for a reason.