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Court: Obama recess appointments unconstitutional
The Washington Times ^ | January 25, 2013 | Stephen Dinan

Posted on 01/25/2013 8:31:20 AM PST by yoe

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.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Front Page News
KEYWORDS: criminal; flyfodder; marixt; nlrb; pos

1 posted on 01/25/2013 8:31:23 AM PST by yoe
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To: yoe

I smell a new Czar....no approval needed.


2 posted on 01/25/2013 8:33:07 AM PST by Sacajaweau
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To: Sacajaweau

Quoting the entire article out of the Washington Post is a no no.


3 posted on 01/25/2013 8:34:02 AM PST by TheConservator ("I spent my life trying not to be careless. Women and children can be careless, but not men.")
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To: yoe

His Highness isn’t going to like this. How dare mere mortals defy his divine will?


4 posted on 01/25/2013 8:35:29 AM PST by IronJack (=)
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To: yoe

Anybody want to start a betting pool on how long it will take before Pennsylvania’s nitwit senior senator Bob Casey, Jr. comes out in favor of allowing Der Furhrer to make appointments without congressional approval just as he wants him to be able to unilaterally extend the debt ceiling?


5 posted on 01/25/2013 8:36:24 AM PST by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: yoe

There can only be one of two outcomes regarding this. Either Obama will simply ignore the judges, or he’ll do an end around and shift the power where he wants it to be.

There is no stopping Obama with a weak opposition, and an MSM that is willing to do ANYTHING to cover for him.


6 posted on 01/25/2013 8:38:06 AM PST by brownsfan (Behold, the power of government cheese.)
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To: IronJack
His Highness isn’t going to like this.

Yep - wonder how long it's been since those judges had their taxes audited... and their kid's taxes...

7 posted on 01/25/2013 8:40:33 AM PST by grobdriver (Sic semper tyrannis!)
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To: yoe

nlrb has instant problems. the cpb has instant problems . . . what else?


8 posted on 01/25/2013 8:42:55 AM PST by JohnBrowdie (http://forum.stink-eye.net)
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To: yoe

I can see the CNN-MSNBC-NY Times-The View spin already -

“Court lynches black President - welcome to the new Jim Crow”

or

“Racist court refuses to allow black President to do his job”

etc. etc., you get the idea .....


9 posted on 01/25/2013 8:45:36 AM PST by canuck_conservative
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To: yoe

If only they would dive into BO’s background like they did in this instance we could be rid of him completely.


10 posted on 01/25/2013 8:46:15 AM PST by oust the louse ("When capitalism disintegrates, socialism ceases to have any validity or justification.”)
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To: yoe
This will be appealed by the Regime to the Supreme Court. Obama just needs one more leftist just on the SC to stop these troublesome judicial impediments. If I were one of the conservatives on the SC, I would hire a food taster.
11 posted on 01/25/2013 8:49:08 AM PST by Truth29
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To: Sacajaweau
"I smell a new Czar....no approval needed."

Exactly! There is NO WAY O'Bummer is going to let a few judges get in his way - Torpedo the Constitution and full speed ahead!!!
12 posted on 01/25/2013 8:49:08 AM PST by The Louiswu (Torpedo the Constitution and full speed ahead!!!)
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To: yoe

Everything about the turd is unconstitutional..


13 posted on 01/25/2013 8:50:28 AM PST by cardinal4 (Constitution? What Constitution?)
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To: cardinal4

spank the commie turd


14 posted on 01/25/2013 8:53:35 AM PST by turdhopper
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To: yoe

http://www.judicialwatch.org/bulletins/party-politics-at-the-national-labor-relations-board-nlrb/


15 posted on 01/25/2013 8:54:18 AM PST by Sacajaweau
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To: IronJack
His Highness isn’t going to like this. How dare mere mortals defy his divine will?

Nah. Not to worry. He'll just tell his personal boy on the Supreme Court, Johnny Roberts, to take care of it. Nobody puts a pair of knee pads to better use than Johnny Roberts.

16 posted on 01/25/2013 8:54:18 AM PST by Standing Wolf
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To: brownsfan

So any rulings would be void?


17 posted on 01/25/2013 8:54:41 AM PST by Mike Darancette (Soylent Green is Boomers)
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To: yoe

Another crisis followed by a dog and pony show,
smug MSM and end of case.


18 posted on 01/25/2013 8:59:53 AM PST by two23 (My Dad said they were all commies back in the 60's. He was right.)
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To: yoe; ding_dong_daddy_from_dumas; DoughtyOne; Gilbo_3; Impy; stephenjohnbanker; NFHale; BillyBoy; ...

Wow, they couldnt rule on this till after the election?


19 posted on 01/25/2013 9:03:06 AM PST by sickoflibs (Losing to Dems and Obama is not a principle! Its just losing.)
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To: IronJack

No one will do jack diddly about it.
The appointments will stand, because no one wants to actually confront him on it.


20 posted on 01/25/2013 9:05:59 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: LucyT; null and void; Fred Nerks; David; Candor7; little jeremiah

ping


21 posted on 01/25/2013 9:08:44 AM PST by Brown Deer (Pray for 0bama. Psalm 109:8)
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To: yoe

His Highness isn’t going to like this. How dare mere mortals defy his divine will?


22 posted on 01/25/2013 9:15:51 AM PST by IronJack (=)
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To: Truth29
This will be appealed by the Regime to the Supreme Court.

And when a Republican President wants to do the same, what will the lefties do when the USSC codifies this breach of the constitution?

23 posted on 01/25/2013 9:21:09 AM PST by VRW Conspirator (Sometimes it takes calamity to lead to serenity - FReeper RacerX1128)
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To: yoe
The judges on Friday ruled that the only clear bright line is when the Senate recesses at the end of the year.

Which is what I believe the framers had in mind.

24 posted on 01/25/2013 9:23:30 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Vigilanteman
Anybody want to start a betting pool on how long it will take before Pennsylvania’s nitwit senior senator Bob Casey, Jr. comes out in favor of allowing Der Furhrer to make appointments without congressional approval ....

Casey can become a real hero of the Democratic Party if he broadens his bill to let Sen. Bob Menendez (he's on Senate Foreign Relations -- no, really!) off the hook for partying with underage Dominican teeny ho's.

25 posted on 01/25/2013 9:25:21 AM PST by lentulusgracchus
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To: canuck_conservative
“Racist court refuses to allow black President to do his job”

What?

It was a Democratic senate that would not bring his appointments to a vote.

I guess Harry Reid is a racist.

26 posted on 01/25/2013 9:26:56 AM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: TheConservator

This was Wash times, not post.


27 posted on 01/25/2013 9:40:07 AM PST by Beagle8U (Free Republic -- One stop shopping ....... It's the Conservative Super WalMart for news .)
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To: Pontiac
The judges on Friday ruled that the only clear bright line is when the Senate recesses at the end of the year.

Which is what I believe the framers had in mind.

Exactly. Also, it was put in place in a day when it could take weeks for congresscritters to travel to/from the District of Criminals. It has very low value today in times of instant communications.

28 posted on 01/25/2013 10:50:09 AM PST by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: yoe

Yay!


29 posted on 01/25/2013 11:13:12 AM PST by afraidfortherepublic
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To: sickoflibs

The case wasn’t argued until December 5, so I don’t think the judges could have issued the ruling before the elections. : |


30 posted on 01/25/2013 11:39:00 AM PST by AuH2ORepublican (If a politician won't protect innocent babies, what makes you think that he'll defend your rights?)
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To: AuH2ORepublican

Thanks!

That sure took its time to get into the courtroom,


31 posted on 01/25/2013 11:44:18 AM PST by sickoflibs (Losing to Dems and Obama is not a principle! Its just losing.)
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To: yoe

Those illegally appointed will lose their jobs when Obama loses his, not until.


32 posted on 01/25/2013 1:05:09 PM PST by itsahoot (MSM and Fox free since Nov 1st. If it doesn’t happen here then it didn't happen.)
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