U.S. Court of Appeals rules Obama’s ‘recess’ appointments unconstitutional

President Obama unconstitutional appointmentsOn Friday, the U.S. Court of Appeals for the D.C. Circuit unanimously ruled President Obama’s Jan. 12, 2012 controversial “recess” appointments to the National Labor Relations Board were unconstitutional.

According to the Washington Times the decision is a “major blow” to the President:

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 Associated Press elaborated, “The three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called “pro forma” sessions.” The article said it is a tactic used by both Republicans and Democrats to prevent a President from bypassing the senate nomination process.

It is expected the Obama administration will appeal the ruling to the U.S. Supreme Court, and if upheld, “it means hundreds of decisions issued by the board over more than a year are invalid.”

Read the AP article in the Washington Post here:

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Janeen Capizola

"And though she be but little, she is fierce." And fun! This conservative-minded political junkie, mom of three, dancer and one-time NFL cheerleader holds a bachelor of arts degree in political science. [email protected] Twitter: @JaneenBPR


2 thoughts on “U.S. Court of Appeals rules Obama’s ‘recess’ appointments unconstitutional

  1. John Foddrill says:

    Obama campaign co-chairman / Mayor Julian Castro, City Attorney Michael Bernard ( brother of White House Social Secretary Jeremy Bernard) and other city “leaders” follow in Obama’s footsteps………….. "It's déjà vu all over again"- Yogi Berra

    Texas Public Radio / KSTX reports that city “leaders” are at the center of a federal civil rights lawsuit being filed by the Texas Civil Rights Project of Austin TX. A second lawsuit – SA13CV0051XR- was filed on 1/17/2013 naming City defendants (Mayor Castro, CM Sculley, City Attorney Bernard, Council members (past and present), Chief McManus, etc) in their official AND individual capacities for Constitutional violations including the act of banning a law –abiding citizen from City Hall/Council meetings for reporting long-term, widespread public /police corruption, bond fraud, accounting fraud and the theft/misuse of tens of millions of tax/grant dollars.

  2. Big Dem says:

    Even the liberal Appeals Court in Washington sees his illegal power grab for what it is…unconstitutional. The founding fathers wrote the Constitution precisely to prevent just such effort to create an imperial presidency. We fought a terrible war and suffered uncertainity to free ourseleves from the control of a king, and now Obama wants to establish this governing elite power structure in Washington, with him as king, the senate as the earls and dukes, and representative as the landed aristocricy. All with complete authority over us.

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