Posted on 03/12/2013 3:08:26 PM PDT by jazusamo
President Obama will elevate the controversy over his recess appointment powers to the highest level, with the National Labor Relations Board announcing Tuesday it will appeal to the Supreme Court a lower-court ruling that held his appointments to the board were illegal.
That move will put the thorny case straight before the justices, who will have to decide whether Mr. Obama overstepped his constitutional powers when he did an end-run around Congress last year and named three board members — using his recess-appointment powers at a time when the Senate considered itself still in session.
In January a three-judge panel of the D.C. Circuit Court of Appeals ruled that not only were those appointments invalid, but that presidents for years have stretched their recess appointment powers beyond what is allowed under the Constitution.
The NLRB could have appealed that ruling to the full D.C. circuit, but it said Tuesday it will instead go to the high court for a final ruling.
“The Board, in consultation with the Department of Justice, intends to file a petition for certiorari with the United States Supreme Court for review of that decision,” NLRB said.
It must file its appeal by April 25.
(Excerpt) Read more at washingtontimes.com ...
he needs to be thrown into prison. forget impeachment the Senate will not bring about Impeachment even if the House would make for impeachment. keep in mind Andrew jackson was impeached but in the next election a democratic senate overruled the impeachment and had it expunged from the records.
Obama is utilizing a concept he learned from his marxist, communist friends and confidants - autogolpe takeover of a country by executive decrees, banning the legislative bodies, debunking the constitution, and overriding the supreme court. he studies well informed him of the processes, and I strongly believe that he learned his political theory but utilizing a concept through the colleges and universities he attended.
he may been a student at Occidential and Columbia and no one ever saw him, because the college courses he took were at foreign countries through a concept called extended degree courses, credits and college courses offered through foreign universities and colleges - study abroad - whereby the courses would lead to a degree.
In the 80s I took a semester of study outside of the US. my coursework transferred. Oddly enough the next semester I received the entire year of a Pell Grant in one semester.
the concept is that a person paid the tuition and fees in the US, took the courses elsewhere and than returned back to the home university.
Now this will explain why the college transcripts are sealed. Financial aid transcripts are sealed too. Because Obama received his education yes at Occidential for 1 year, transferred to Columbia University and than went abroad - Study Abroad, came back in the summers and than went back to yet a different country.
here is how he used the academia system to gain the system and manipulated US taxpayers to pay for his education. He than went to Chicago and utilized his community organizer skills to learn at varoius socialist think tanks that are in Chicago broadening his marxist thoughts, theories and so forth to the point he learned the art of political manipulation theory.
This is just my thoughts.
With so much riding on so few on the court I pray they have a great security detail with them.
Not that I fear this administration would be that “direct”, but some lone wolf whacked out liberal who understands that a single vote could be all that stands between reality and the utopia they believe they will get if he was unopposed by the court.
Only Kennedy's not the wild card anymore...it's John Roberts and I'll never trust that rat bastard to the right thing ever again.
No worries, Obama knows he has a friend in that douchebag Roberts.
Roberts should impeached!
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Recess appointments are for “vacancies” that need to be filled while the Senate is out on recess, ie if Hillary would of died in a plane crash while the Senate was out then the pResident could make an appointment, it is not for filling position that were just created!
Isn’t that one of the most ridiculous things anyone ever said?
It’s the ultimate cop-out.
Presidents have been making recess appointments for a long time. Reagan and Bush, Clinton and Obama....all of them have made these sort of appointments. I think it’s a good thing if the SC takes a look at this issue.
Under the Constitution, the President and the Senate share the power to make appointments to the highest-level politically appointed positions in the federal government. The Constitution also empowers the President unilaterally to make a temporary appointment to such a position if it is vacant and the Senate is in recess. Such an appointment, termed a recess appointment, expires at the end of the following session of the Senate.
As of October 31, 2008, President Bush had made 171 recess appointments.President William J. Clinton, in comparison, made a total of 139 recess appointments during the course of his presidency. Of President Bush’s 171 recess appointments, 99 were to full-time positions, and the remaining 72 were to part-time positions. Thirty were made during recesses between Congresses or between sessions of
Congress (intersession recess appointments). The remaining 141 were made during recesses within sessions of Congress (intrasession recess appointments).
Bush ranks fourth among modern presidents in granting such appointments, bypassing the Senate 165 times to get his nominees in place, according to the Senate historian’s office. Ronald Reagan holds the record with 243 appointments.
The D.C. Circuit Court of Appeals ruling got it right, in my view and I believe SCOTUS will uphold the lower courts finding if they accept the case.
To me it makes no difference which president made the most recess appointments. The intent of the recess appointment was to fill a position vacated during that particular recess and the process of the recess appointment has gradually been abused.
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We are in agreement.
Amen, I thought we were. :-)
Strangely enough, as a result of the democrats "Borking" him, Kennedy is now on the court. Had the democrats accepted Bork, Obama would have gotten to choose his successor, as Bork just passed away this past December. Obama would have already had a 5-4 liberal leaning court.
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