Real World Event Discussions

Unconstitutional President

POSTED BY: AURaptor
UPDATED: Sunday, May 3, 2026 16:19
VIEWED: 4474
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AURAPTOR

Friday, January 25, 2013 11:08 PM

Obama recess appointments unconstitutional

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.

The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and hence the five-person board did not have 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 “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.

“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.

The judges said presidents’ recess powers only apply after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.

And the court ruled that the only vacancies that the president can use his powers on are ones that arise when the Senate is in one of those end-of-session breaks. That would all but eliminate the list of positions the president could fill with his recess powers.

http://www.washingtontimes.com/news/2013/jan/25/federal-court-obama-br
oke-law-recess-appointments/

"False words are not only evil in themselves, but they infect the soul with evil." - Socrates

" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

JONGSSTRAW

Friday, January 25, 2013 11:55 PM

So what. He's historic, or have you forgotten?

AURAPTOR

Saturday, January 26, 2013 12:04 AM

Quote:
Originally posted by Jongsstraw:
So what. He's historic, or have you forgotten?

And unprecedented.

JONGSSTRAW

Saturday, January 26, 2013 2:21 AM

Animal House 2

Republicans line up and assume the position.
Obama spanks their asses with a wooden paddle.
Republicans say with grimaces 'Thank you sir. May we have another?'

M52NICKERSON

Saturday, January 26, 2013 2:55 AM

Next up the US Supreme Court to see if the GOPs little tricks are allowed to keep the President from making recess appointments.

I do not fear God, I fear the ignorance of man.

CHRISISALL

Saturday, January 26, 2013 3:00 AM

Let's start another war based on lies, that will save him! C'mon Obama- let's get Iran!!!

JONGSSTRAW

Saturday, January 26, 2013 6:34 AM

Seven days in May is the only way. General Scott is coordinating with Ecomcon, and the Superbowl bets are all in from the JCs.

SHINYGOODGUY

Saturday, January 26, 2013 9:56 AM

A practice used by both Republican and Democratic presidents for 150 years.

Why now?

SGG

NIKI2

Saturday, January 26, 2013 6:13 PM

What I really love is that Obama made he appointments because of a cute little tactic by the Republicans specifically intended to KEEP him from making appointments:

Quote:
When Obama filled the vacancies on Jan. 4, 2012, Congress was on an extended holiday break. But GOP lawmakers gaveled in for a few minutes every three days just to prevent Obama from making recess appointments. The White House argued that the pro forma sessions – some lasting less than a minute – were a sham.

The Justice Department hinted that the administration would ask the Supreme Court to overturn the decision, which was rendered by three conservative judges appointed by Republican presidents

The court [owledged that the ruling conflicts with what some other federal appeals courts have heldut when recess appointments are valid, which only added to the likelihood of an appeal to the high court.

I think this is a very important decision about the separation of powers," said Carl Tobias, a constitutional law professor at Virginia's University of Richmond. "The court's reading has limited the sident's ability to counter the obstruction of appointments by a minority in the Senate that has been pretty egregious in the Obama administration

Obama made the recess appointments er Senate Republicans blocked his choices an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. Constitution allows for such appointments without Senate approval when Congress is in recess

But during that time, GOP lawmakers argued, the Senate hnically had stayed in session because it was gaveled in and out every few days so-called pro forma sessions.

GOP lawmakers used the tactic cifically to prevent the president from using his recess power to install members to the labor board and the consumer boardey had also vigorously opposed the nomination of Cordray.

Sentelle's opinion was joined by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.

Obama used the recess appointment to install Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn fill vacancies on the labor board, giving it a full contingent for the first time in more than a yearl three vacancies on the labor board had been open for months before Obama acted to fill them.

"Throughout his presidency, ublicans have employed unprecedented partisan delay tactics and filibusters to prevent confirmation of nomineeslead the NLRB, thus crippling the board's legal authority to act," Harkin said.

If Obama's recess appointment of Cordray to the newly created consumer board is eventually ruled invalid, it could lify all the regulations the consumer board has issued, many of which affect the mortgage business]More at http://www.huffingtonpost.com/2013/01/25/obama-labor-board_n_2550788.h
tml

So there's a more complete picture. The Republican Congress played a cute trick (which SHOULD be unconstitutional) to deliberately keep Obama from making appointments which they had blocked, and when he appointed them anyway, three judges appointed by Republicans (in other words, Republican judges) called his actions unconstitutional. Not only do they manage to give Obama a (at least temporary) black eye, but they get to poke at any union efforts and keep the banks safe from mortgage regulation.

Politics at its best. Works for them!

Tit for tat got us where we are today. If we want to be grownups, we need to resist the ugliness. If we each did, this would be a better reflection on Firefly and a more welcome place. I will try.

AURAPTOR

Saturday, January 26, 2013 6:23 PM

Quote:
Originally posted by m52nickerson:
Next up the US Supreme Court to see if the GOPs little tricks are allowed to keep the President from making recess appointments.

I do not fear God, I fear the ignorance of man.

He IS allowed, but not when the Congress isn't in recess.

That's kinda the whole point here.

"False words are not only evil in themselves, but they infect the soul with evil." - Socrates

" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "