WASHINGTON – A federal appeals court ruled Friday that President Obama violated the Constitution when he sidestepped the Senate to fill open spots on a labor relations panel, in a major setback for the president.
The suit had been brought by a local business in Washington state challenging the National Labor Relations Board. Supported by dozens of Senate Republicans, the case argued the president didn’t have the power to make three appointments to the NLRB.
Attorneys for the Obama administration argued that he had the authority because the Senate was in recess.
But a three-judge panel for the Court of Appeals in the District of Columbia said the appointments were not valid because the Senate was not officially in recess. If the decision stands, it could invalidate hundreds of board decisions.
“Either the Senate is in session, or it is in the recess. If it has broken for three days within an ongoing session, it is not in ‘the Recess,’” the panel said.
The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.
“Considering the text, history and structure of the Constitution, these appointments were invalid from their inception,” a panel said.
Republican lawmakers lauded the decision. “Today’s ruling reaffirms that the Constitution is above political party or agenda, despite what the Obama Administration seems to think,” Sen. Orrin Hatch, R-Utah, said. “With this ruling, the D.C. Circuit has soundly rejected the Obama Administration’s flimsy interpretation of the law, and will go a long way toward restoring the constitutional separation of powers.”
The case is a test of the White House’s authority to bypass Congress’ power to block nominations. Recess appointments have a shelf-life of two years.
The ruling is an embarrassing blow to the Obama administration and could also call into question his recess appointment of Richard Cordray as head of the Consumer Financial Protection Bureau.
White House attorneys are 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.
On Jan. 4, 2012, Obama appointed Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.
Obama also appointed Cordray on the same day.
Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.
But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called “pro forma” sessions.
GOP lawmakers used the tactic — as Democrats had done in the past – specifically to prevent the president from using his recess power to install members to the labor board. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.
The three-judge panel, all appointed by Republican presidents, ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.
The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members.
source: http://www.foxnews.com/politics/2013/01/25/court-obama-appointments-are-unconstitutional/
This is only one, What about Benghazi &fast&furious and what about all the rest This Obama is no more President than i am ,He should be impeached and charged for Treason and sent to Prison
re: C. Grissom
My thoughts exactly. Every action he has taken in the last 4 years has been a violation of the constitution in one form or another. Yes, Treason and Dereliction of duty. He should be charged with both and even if the treason charge was dropped, the dereliction of duty charge (which is easier to prove) would still be punishable by impeachment.
I must correct you on one point…
You are more president than that piece of excrement ever dreamed of being.
s/m @ sharia unveiled
with GODs help maybe this is a beginning lets PRAY SO. obama is doing so much damage to this country I PRAY every day for GOD to deliver us from this evil person.
re: Betty
That is awesome.. and by all means… continue praying for this. We must come to an understanding though, that we have the leaders we deserve. We ask for God to bless our nation… but, I ask you Betty.. “Do “WE”, as a nation bless God?”
We have allowed 50 Million of God’s children to be murdered through abortion. We have allowed homosexuality to become legal. We have allowed euthansia to become legal. We have allowed the death penalty. We have allowed prayer to be taken out of our children’s schools, the courts, the workplace and the public square.
God will not be mocked! We are less than leuke-warm as a nation and we are being spit out of the mouth of God and spit out of the Kingdom of Heaven.
I am not one to give the “feel good” sermon. I speak the truth.
There is truly only one path back into the Grace and Blessings of our Lord thy God as a nation… and, that path is through Godly Laws. We must first, Bless God as a nation… and then, He will bless us with the leaders we deserve.
His Servant and Soldier,
Schuyler.
Betty:
I also pray daily that God will correct a terrible wrong the people have made.
I really think obama has a mental problem and he is also a con.
re: Betty;
I agree.. in addition to a major spiritual “problem.”