Barack Obama violates the Constitution! So rules the U.S. Court of Appeals concerning the recess appointments Obama made last January of three new members to the National Labor Relations Board. The NLRB appointments violated the U.S. Constitution because the U.S. Senate was not in recess when the appointments were made. While Congress was on a holiday break, the lights were kept on as the House and Senate were officially still in ′pro forma′ sessions. During such, a member of either wing of Congress would still appear daily in their chamber and go through the motions of gavel in, then out, for the day. The White House argues that these sessions, usually lasting only a few minutes, were done deliberately to prevent Obama from making any appointments.
Such is the state of Washington politics. Barack Hussein Obama is bent on having an imperial presidency. During his first two years, he had the cover of large majorities in both the House and Senate. Nancy Pelosi and Harry Reid were able to pretty much do whatever they wanted as Obama was more interested in playing golf and making pointless speeches. The guy loves to hear himself talk! But America became upset with his overreach due to ObamaCare and gave the GOP control of the House in November of 2010.
This was a major setback for Obama, as now he actually had to do some work if he wanted to get any legislation passed. But being Obama and not liking to work, he instead began looking towards other means of doing what he wanted. Thanks to the George Soros funded Center for American Progress, they provided Obama with a blueprint for getting around Congress. Even with that plan, Obama, so incompetent to carry it out, still did very little other than try to dump as much blame on Republicans as he could.
So when January 4, 2012 rolled along, Obama decided to make his three recess appointments to the NLRB, even though he knew darn well that Congress was not in recess. Obama had to do something with an election coming up and the need to make part of his base, labor unions, happy. One could say that the gamble worked. Obama got reelected, even though now, the some 216 decisions made by the NLRB since the recess appointments are subject to being disqualified and overturned.
That Barack Obama violates the Constitution is nothing new. Even before the recess appointments to the NLRB, we have the fact that ObamaCare is likely also to be found unconstitutional. While the Supreme Court did rule that the mandate penalties are taxes, other parts of the Affordable Care Act are still questionable and facing a decision by the courts. The latest being a recently discovered provision allowing insurance companies to charge as much as an extra $5,000 per year to those who smoke tobacco products, treating them substantially different than others who engage in other unhealthy lifestyles. The Obama White House is also now pushing to rewrite the Second Amendment as much as possible through executive actions. So this decision by the U.S. Court of Appeals over the recess appointments to the National Labor Relations Board is just one of many attempts by Obama to skirt the Constitution.
January 27th, 2013 at 10:15 am
We need to impeech him before its too late!
January 27th, 2013 at 10:18 am
I don’t think there’s any question that the short nonproductive sessions were solely to prevent recess appointments in order to claim, there was no recess. Dems often used this tactic to slow the seating of GWB unhinged cronies (and he still made 171 recess appointments). There’s another question of what’s construed as a “recess”. So now we have 3 conservative judges giving us their version. Seems like we’ve seen this movie before.
Article 2, Section 3 of The Constitution states that the President “may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper”.
Alexander Hamilton’s writing in Federalist No. 67 about facilitating appointments “necessary for the public service to fill without delay” makes a reasonable argument.
January 27th, 2013 at 11:02 am
Ron, the problem with your crap 2 cents worth is that Bush made his appointments when there actually was a recess.
January 27th, 2013 at 10:13 pm
The court already ruled on this so when Ronald is appointed a federal appellate court judge we can all come back and read offering #2.
January 28th, 2013 at 7:36 am
Naturally, Ronald ignores Article 2, Section 2, which is the one that actually addresses the real issue:
“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
January 28th, 2013 at 8:41 am
This may not be over yet as it was obvious the GOP was merely utilizing a tactic to prevent the appointments.
There are exceptions that can override the decision if employed, although it will also require a judicial ruling on the definition.
Partisan judges, never fails.
January 28th, 2013 at 10:23 am
One problem, Buzz, with your observation. Harry Reid is the one calling the shots. I’m sure if he wanted to recess the Senate he could have done so. Frankly, I do not think that Reid trusts Obama at all. I’d bet that he and many of the Old Guard Democrats see Obama as a young upstart who does not deserve to be in the White House.
January 28th, 2013 at 10:50 am
Andy…
Interesting.
Wonder what Harrys got to say bout this.
Or if the moonbat media dares to ask him.
If the appointees held at least one con this thing wouldnt stink so much.
But, we all know Barry dont care about stink.
Hes not just usurping the rights legitimacy but trying to knock them off with impunity.
I cant wait to see who he pardons at the end of his term.
He’ll probably empty half of Gitmo
January 29th, 2013 at 6:22 am
Micky,
Word is Obama has given up on closing Gitmo. Probably wants to confine Rush, Levin and Hannity there.
As to the other matter, you may recall when Bill Clinton told Reid (or maybe it was Ted Kennedy) about how Obama would have been somebody who carried their luggage a few years ago. Add to that how little he socializes with Democrats on Capitol Hill. Considering that Liberals are the real racists, I suspect that the Inside the Beltway crowd, other than Media-hangers-on, have zero respect for Obama.
February 3rd, 2013 at 11:38 am
It being the case that B.O. has been accused of violating the US Constitution, why has it not been the subject of the “NEWS”? If there is a “sherrif” in America worth his salt he would confirm or deny the case for a trial, compel the bastard by force if need be to leave the office he occupies, and stand trial for high crimes against America. The country he falsely claims to serve while he runs rough shod over its citizenry.