There’s some breaking news today regarding Der Fubar’s recess appointments to several agencies. At the time the appointments were made, the Senate was not out of session. This led to a number of suits demanding that the appointments be vacated as illegal.
Well, they have been, In a major constitutional slap at Obama, his appointments to the National Labor Relations Board were declared unconstitutional. Here are some of the details from the Washington Times:
In 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.
I don’t know why this is unexpected. Obama’s contempt for the constitution is well known. This is what happens when you announce you are going to ignore the separation of powers and rule by decree.
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.
So anything the NLRB did is illegal. Any regulations or ruling can now be challenged, and no doubt, will be overturned.
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.
If I understand this, If congress stays in session, but the members return to their states or districts, the congress is still in session. Now I don’t claim to fully understand this, however, I think that if congress adjourns, such as going home for campaigning or holidays, and there are positions that haven’t been filled, the President can make an appointment for the remainder of the term ((Recess appointments)).
Recently, Harry Reid has not adjourned the senate in order to prevent both Bush and Obama from doing this. In the past, when congress adjourned, they either went home by horse or train. Since congress was not available to advise and consent to a presidential appointment, the president could make a temporary appointment in case of emergency.
“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.
The courts do love precedent.
“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.”
BLAMMO! The courts shoot and they score! Basically, the courts told Obama that yes, he does have to follow the Constitution no matter how much he hates it. Of course, this isn’t over yet.
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.”
I think if the congress says “We are now in recess” that means they are in recess. Pretty simple really. So what set all this off?
Last 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.
One of the reasons Obama used the recess appointment for the Consumer Financial Protection Bureau was so many Republicans were opposed to the boards very existence. It’s basically self funding and not accountable to congress. In other words, there is no recourse if you get screwed by them. Cordray was waiting for confirmation, but his nomination was stalled in the senate. Obama decided to play king again and said “The hell with Congress. I’m in charge!”
Mr. Obama’s move, though, appeared to break new ground by acting at a time when the Senate was meeting every third day — specifically to deny him the chance to make recess appointments.
The president argued that even though the Senate was convening every three days, the pro forma sessions didn’t allow any business, and nearly every senator was absent from the chamber, signaling that the Senate wasn’t able to perform its confirmation duties and should be considered essentially in recess.
His opponents had warned that if Mr. Obama’s stance prevailed, then presidents could make appointments when the Senate takes its recess for weekly party caucus lunches.
And since King Putz thinks he is a ruler and not the President, he pretty much did just that. Now he has had his head handed to him by the courts. Of course, not everyone agrees with the court.
Victor K. Williams, an assistant professor at Catholic University School of Law who filed briefs arguing that the court should reject the case as a political question between Congress and the president, called the judges’ ruling “historically wrong.”
“This panel of the D.C. circuit has accomplished what Minority Leader Mitch McConnell failed to do. Minority Leader McConnell said that his No. 1 objective was defeating Barack Obama and Barack Obama’s attempt to govern. This D.C. circuit panel has been successful where McConnell failed. They have really, effectively challenged the president’s ability to govern,” Mr. Williams said.
Looks like we have another jughead who thinks that Obama should have absolute power. Didn’t we get enough of this with that other idiot, Louis Michael Seidman? Well, this will be going to the USSC where I’m sure the liberals will say Obama can do whatever he wants, the conservatives will say that “You know, they wrote this pretty clearly,” and Roberts will probably say that it’s a tax. Whatever happens, anything that slaps down the SCoaMF is a good thing. He is a crook, a liar and a tyrant and should be impeached and removed from office. Maybe pissing off Reid might just clear the roadblock that is the Democrats in the Senate. We shall see.
Thatisall
~The Angry Webmaster
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Courts bitch slap Obama – #angercentralarchives http://t.co/meGPBObZE7
heh. go a way for a few days and the brainless and oh so tolerant liberals come out to play I see. Don’t you just looove that tolerance AW?
yeah. He utterly missed the point of the post. Frankly, I prefer to think of Der Fubar as a US citizen. Then we can hang him for treason. We can’t do that if he isn’t a citizen. 😉
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You are scum. You should be executed for this.
I am not satisfied with the state of our nation; however, I won’t respect a hypocritical racist calling the president a liar, epciscally when telling lies about the president himself.
Man, I love being right! Listen to these stupid racists here claim this is a Victory for America! It’s is NOT! It IS a Victory for the racists, bigots, and extremist black-haters on the right! Heck, ALL these comments prove beyond a shadow of a doubt that they are racists! You are making the KKK proud with your racist rants!
The Constitution gives the President the authority to make temporary
recess appointments to fill vacant positions when the Senate is in
recess, a power all recent Presidents have exercised. The Senate has
effectively been in recess for weeks, and is expected to remain in
recess for weeks. In an overt attempt to prevent the President from
exercising his authority during this period, Republican Senators
insisted on using a gimmick called “pro forma” sessions, which are
sessions during which NO Senate business is conducted and instead one or
two Senators simply gavel in and out of session in a matter of seconds.
But gimmicks do not override the President’s constitutional authority
to make appointments to keep the government running.
Funny how these racists obviously misquote and misuse the laws of the land to further their hateful desire to get the black man out of the White House. And funny that they didn’t care about the law of the land when Bush was running the show.
Obama broke NO law with recess appointments.
Anyone who calls Obama a Communist is a stupid racist!
Anyone who calls Obama a Marxist is a stupid racist!
Anyone who calls Obama a Dictator is a racist!
Anyone who calls Obama a Traitor is a stupid racist!
Has Obama physically seized the means of production through force of
arms? Has he abolished elections and outlawed opposition parties? Has
he rounded up millions of people and placed them into camps, or executed
them outright? No?
Then he’s probably not a Communist dictator. Not to mention, he has proven Over and Over he is legally able to be President!
You have absolutely zero evidence to back up your assertion that the President is a “Marxist.”
He is not a traitor, but you are.
You go against a constitutionally elected President who was voted for by most of America’s electorate.
Obama is a Christian, not a Muslim. Obama isn’t an elitist, anti-American, Socialist/Statist! The Republican Party is not a cancer in the body of America, a party of racists and religious bigots. The President doesn’t hate this country; I believe the extremist republicans hate this country because Obama is running this country. The President doesn’t cater to one race of people; he’s in this for all races of people. See, this is just an extreme far right post, which is designed to bate racism and hatred towards the President.
There is NO violation of the Constitution until a Federal Court rules it so. Do you mind telling us exactly what the heck you are talking about? That is important because people like you have been crying for years that Obama violates the Constitution every time you hear something you don’t like, which is totally incorrect.
Judge a man by his deeds. There a NO signs and portents to judge Obama as evil.
Obama, born in Hawaii, = US Citizenship. His parents could have been martians. Their citizenship is irrelevant. If you are born in the US, you are a US citizen as far as the US is concerned. The birthers claims with regard to Obama is that he was NOT born in Hawaii.
The proof is in the Pudding, this is NOT about protecting the Constitution, it never was.
This is about keeping the “White” in the White House! All Obama -haters are racists!
Calling the POTUS a POS and a fraud seems to the usual calling call for you right-wing racists and bigots like you!
Ahh, another cowardly leftists shows the world what passes for “Liberal” thought. You want a piece of me moron? Why not say this to my face? The reason you won’t is simple. Like all liberals you are a coward. I don’t take kindly to threats and tend to respond with the maximum level of force I have at my disposal. In this case, I will overwhelm you and crush you like the bug you are with well written prose.
The court has said that Obama, Your lord and master, violated the constitution and the law with these appointments. Do you argue the court may have been mistaken? Nope! You instantly use the standard Progressive Liberal attack. You threaten people and call them racists.
I don’t recall ever saying that Obama wasn’t born in the U.S., (Although technically, Hawaii was not a state at the time of his birth) You see, if he wasn’t a citizen, all we could do is throw him in jail. As a citizen, he could be tried for treason, (Provided he met the CONSTITUTIONAL definition of it) and then if convicted, he could be hanged.
You demand my execution. For what? Speaking my mind? Oh, that’s right, for the Progressive Liberal, any speech that isn’t approved is to be suppressed and the speaker punished. Hmm, that sounds like something that happens in places like Nazi Germany, the Union of Soviet Socialist Republics, North Korea, Cuba, you know all those countries people like you think are so wonderful. (Yet you won’t move there. Funny that)
Then you call me a racist. Obviously, you never met Mrs. Webmaster who is CHINESE and a LEGAL IMMIGRANT, or the Angry Brother Inlaw who is Puerto Rican. Gee, it seems my family is far more diverse then the typical Progressive Liberal lily white family.
You know loser, you might actually try writing something yourself instead of the usual cut and paste troll method. But then, original thought, or any thought, is an alien concept for people such as yourself.
Now go crawl back under your master’s desk and get back to performing fellatio on him. It’s all you’re good for anyway.
Musings of an Angry racist!
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Courts bitch slap Obama http://t.co/Kf2Vtbea #tcot #angercentral #obama #recessappointments #courts #epicobamafail
Courts bitch slap Obama #angercentral #obama #tcot #courts #recessappointment #scoamf #tryanny http://t.co/lMMeaVtS
Courts bitch slap Obama #angercentral #obama #tcot #courts #recessappointment #scoamf #tryanny http://t.co/iHk0o8Y7