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Court: Obama Appointments to Labor Panel Are Unconstitutional
Fox news ^ | January 25, 203 | Staff

Posted on 01/25/2013 9:36:52 AM PST by lbryce

President Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The ruling also throws into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made under the recess circumstance, has been challenged in a separate case.

Obama claims he acted properly in the case of the NLRB appointments because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic -- as Democrats have in the past as well -- to specifically to prevent the president from using his recess power. GOP lawmakers contend the labor board has been too pro-union in its decisions. They had also vigorously opposed the nomination of Cordray.

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

Read more: http://www.foxnews.com/politics/2013/01/25/court-obama-appointments-are-unconstitutional/?test=latestnews#ixzz2J0bN6V00

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: appointment; cfpb; constitution; cordray; obama; recess; recessappointment; richardcordray
The Constitution means not a thing to this unholy defiler. The Court should know better than to stop here at calling out the President for the innumerable violations of the Constitution he has made a mockery of.
1 posted on 01/25/2013 9:37:00 AM PST by lbryce
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To: lbryce

Finally someone has called him out on something.


2 posted on 01/25/2013 9:43:42 AM PST by dandiegirl
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To: lbryce

Now it depends upon which Supreme Court Justice will initially hear the presentation. If it is one of Obama’s libs, (or maybe Roberts himself) they will overturn the ruling. It will then be appealed to the full court and then it is up in the air again. Another year goes by!


3 posted on 01/25/2013 9:43:57 AM PST by TexasRedeye (Eschew obfuscation.)
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To: lbryce
They plugged the pin hole. Meanwhile further down the dike, Roberts atop the Obama health care bulldozer took out a hundred yard section.
4 posted on 01/25/2013 9:45:39 AM PST by throwback (The object of opening the mind, is as of opening the mouth, is to shut it again on something solid.)
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To: lbryce

This is great news. I have a feeling a lot of these cases will be decided against him in this term. Gives me hope!


5 posted on 01/25/2013 9:51:45 AM PST by CityCenter (Compromise is the welcome mat to deception.)
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To: lbryce


6 posted on 01/25/2013 9:57:11 AM PST by Iron Munro (I Miss America, don't you?)
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To: lbryce

Most of what Obama does is unconstitutional, including his run for office.

We’re still waiting for anyone in a position of authority (or the media, hahahahaha!) to give a rat’s *ss.


7 posted on 01/25/2013 10:00:05 AM PST by Jack Hammer
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To: TexasRedeye

That’s not the way the Supreme Court works. All cases are heard by the full court. You may be thinking of a request to stay the NLRB ruling (not really necessary here), but if filed, it goes first to the Circuit Justice (Roberts, in this case), but is virtually always ruled on by the whole court, except in literally last-minute, life-or-death situations..


8 posted on 01/25/2013 10:03:06 AM PST by BohDaThone
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To: lbryce
it means hundreds of decisions issued by the board over more than a year are invalid

What about the salaries/benefits of these illicit appointees? Are they invalid too? Are appointees obligated to pay back what we, the taxpayer, funded for their illicit positions?

9 posted on 01/25/2013 10:03:51 AM PST by PeevedPatriot
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To: lbryce
Ha, ha.

Image Hosted by ImageShack.us

10 posted on 01/25/2013 10:33:31 AM PST by vox_freedom (America is being tested as never before in its history. May God help us.)
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To: TexasRedeye
Now it depends upon which Supreme Court Justice will initially hear the presentation.

They will probably just declare it a TAX and therefore valid. Its worked before regardless of its relevance.

11 posted on 01/25/2013 10:36:54 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: lbryce

King Obama is unconstitutional,and so is all of his staff.

When Injustice becomes Law, Resistance becomes Duty - Thomas Jefferson


12 posted on 01/25/2013 10:39:37 AM PST by EXCH54FE (Hurricane 416)
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To: lbryce

More proof that the Constitution has outlived its usefulness and needs to be tossed aside. 2016 is just around the corner and it needs to be completely gone by the time THE ONE declares that in the interests of the People, he must become our President for Life.


13 posted on 01/25/2013 10:59:12 AM PST by centurion316
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To: lbryce
This is #92 on my list. The current version of my list is from just a few days ago, but I included this one in earlier versions of my list:

Here are 138 examples of Barack Obama’s lying, lawbreaking, corruption, cronyism, hypocrisy, government waste, and other misdeeds

92) Made recess appointments when Congress was not in recess In January 2012, Obama violated the Constitution by making four recess appointments when Congress was not in recess. Recess appointments themselves are constitutional, but only if they are made when Congress is actually in recess.

14 posted on 01/25/2013 11:10:27 AM PST by grundle
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To: lbryce

Still waiting on the court decision regarding Holder’s Fast & Furious and the EO’s.


15 posted on 01/25/2013 11:16:40 AM PST by what's up
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To: grundle

138 Obama-isms.


16 posted on 01/25/2013 11:40:32 AM PST by lbryce (BHO:"Now, I am become Death, the destroyer of worlds by way Oppenheiner at Trinity NM)
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To: vox_freedom
I've got to be meeeeee,
I've got to be meeeeeeee,
What else can I be what I am.

I'll go it alone,
that's how it must be....

17 posted on 01/25/2013 11:45:09 AM PST by lbryce (BHO:"Now, I am become Death, the destroyer of worlds by way Oppenheiner at Trinity NM)
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To: vox_freedom
YouTube:Sammy Davis Jr:I've Got to Be Me
18 posted on 01/25/2013 11:50:39 AM PST by lbryce (BHO:"Now, I am become Death, the destroyer of worlds by way Oppenheiner at Trinity NM)
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To: throwback
Yes, but even this small victory may have large consquences, remember FDR when he had some of his New Deal ruled unconstitutional, he flipped out, said he was going to stack the Court.

That ended the New Deal and the Democrats took a beating in the next election.

19 posted on 01/25/2013 12:28:29 PM PST by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: lbryce

From the article: “GOP lawmakers used the tactic — as Democrats have in the past as well — specifically to prevent the president from using his recess power.”

IIRC it was Democrats that pioneered the trick to prevent a President, which one I don’t recall, nor who it was they were trying to prevent from being appointed.

As usual it has come full circle, and kicked them in their butts.


20 posted on 01/25/2013 1:08:18 PM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: lbryce

Does the Constitution apply to the President? Because I’m sure if Obama knew that he’d have complied. I’m pretty sure that when he took the oath of office swearing to uphold and faithfully execute the Constitution he thought it was only precatory.


21 posted on 01/25/2013 1:45:30 PM PST by AtlasStalled
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To: AtlasStalled

So can the Regime take this to the SCOTUS so that Holder can whip out the Roberts with Goats pictures and make this all go away?


22 posted on 01/25/2013 2:05:51 PM PST by DAC21
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To: dandiegirl
Finally someone has called him out on something.

If a tree falls in the forest and nobody hears it does it matter?

That's what we have here. NOTHING will happen to this usurper. NOTHING!

23 posted on 01/25/2013 2:23:10 PM PST by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: centurion316

“...THE ONE declares that in the interests of the People, he must become our President for Life.”

I am truly concerned he would try this; with a lot of sheeple demanding it...


24 posted on 01/25/2013 2:25:32 PM PST by LiveFreeOrDie2001 (Elections have consequences - NOW LOOK what we have to deal with...)
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To: lbryce

what is to stop him from appointing them as new czars?


25 posted on 01/25/2013 2:33:54 PM PST by Wisconsinlady (The 2nd amendment is NOT about hunting-but protection from a tyrannical govt)
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To: rockinqsranch
-- IIRC it was Democrats that pioneered the trick to prevent a President, which one I don't recall, nor who it was they were trying to prevent from being appointed. --

The younger Bush, and it was to prevent recess appointments of judges.

This ruling goes beyond the appointment during pro forma sessions (a senatorial sham, IMO, to pretend they are "at work" when they aren't, and don't intend to be), by holding that a recess starts when the senate adjourns sine die (it does that exactly one time per year), and ends when the next session is gaveled to order. This ruling also holds that in order for a recess appointment to be valid, the vacancy has to happen, occur, start, begin, during that interval when the senate is in recess.

This ruling, applied to Bush recess appointments, would find them unconstitutional, too.

26 posted on 01/25/2013 2:38:04 PM PST by Cboldt
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