Obama Gets a Smack Down

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DEVELOPING: Obama recess appointments unconstitutional, court.

By Stephen Dinan
The Washington Times Updated: 11:41 a.m. on Friday, January 25, 2013
n a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling 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.
“The dearth of intrasession appointments in the years and decades following the ratification of the Constitution speaks far more impressively than the history of recent presidential exercise of a supposed power to make such appointments,” the judges wrote.

“Recent presidents are doing no more than interpreting the Constitution. While we recognize that all branches of government must of necessity exercise their understanding of the Constitution in order to perform their duties faithfully thereto, ultimately it is our role to discern the authoritative meaning of the supreme law.”

The case is likely to end up before the Supreme Court, and it turns on the definition of what the Constitution means when it says “recess.”
ast January Mr. Obama named union lawyer Richard Griffin and Labor Department official Sharon Block, both Democrats, and a Republican, NLRB lawyer Terence Flynn, to the labor board using his recess powers. He also named Richard Cordray to head the new Consumer Financial Protection Bureau, using those same powers.
Noel Canning, a bottling company, sued the NLRB, arguing that a rule issued by the new board was illegal since the recess appointments were unconstitutional. Senate Republicans, led by Minority Leader Mitch McConnell, joined in the suit.
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0 responses to “Obama Gets a Smack Down

  1. And what are the odds that the S.C. will uphold the three-judge panel’s ruling ? I’d like to see Vegas put a betting line on that .

  2. While this is JOYOUS news, we can’t expect this devious POS to accept this ruling without a fight. It’s time to double-down ALL efforts to depose this despicable fraud: IMPEACH IMPEACH IMPEACH!!!!!!!

    • Unfortunately Stephanie O , there are only 2 chances of that happening . Slim and none and slim just left town . Even if the House were to vote for impeachment , the Senate would have to vote to convict him . With ” DIRTY HARRY ” in charge , the House’s motion would never see the light of day .

  3. I have to believe there’s Hope, japoa. And I refuse to surrender the fate of my country without a fight. There is so much at stake; I will NOT make it easy for them to try and turn us into a Commie country!!!

  4. The video of him pulling at his ears – shows the depth of his derangement – while holding the office of the US Presidency.
    His silliness – as a Goofball – is part of being Evil Smart.

  5. Fina, I found that .gif a long time ago and something about it just seems to fit the idiot.LOL


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