No fun at this recess

Court flags Obama's appointments as constitutional violations

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It might have been an obscure ruling that may not get much attention. But it was an important one, in that it put sandbags around this system of government.

A federal appeals court in Washington ruled Friday that President Obama violated the Constitution by making “recess” appointments to the National Labor Relations Board while the Senate was still technically in session.

The Constitution intended for important executive-branch appointments to be made in conjunction with the Senate. But our founders were pragmatic enough to realize that presidents would have to sometimes fill vacancies when the Senate is in recess. So they provided for temporary recess appointments in the Constitution.

But in recent decades, presidents of both parties have probably abused that power – using recess appointments not so much to fill vacancies quickly, but to avoid the scrutiny of the Senate.

Now, it must be said that the Senate in this case – at the bidding of Republicans – went far out of its way to remain technically in session to prevent President Obama from making recess appointments. They were concerned, rightly in our view, that his appointments to the National Labor Relations Board would be too radically liberal.

The Republicans’ device was a bit disingenuous: They stopped by every few days during a holiday season to keep the Senate in a “pro forma” session.

But, as the federal court held, the president’s device to try to bypass the Senate was a greater sin.

We hope the ruling stands, as it upholds the important principle of checks and balances in our system of government. Recess appointments should be used only to fill vacancies when the Senate is away – not to avoid the constitutionally called-for “advice and consent” of the Senate on presidential appointments.

Again, this may be a quickly forgotten case involving a somewhat esoteric process. But we think it goes to the heart of our system of governance, and that the ruling strengthens it.

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dichotomy
31990
Points
dichotomy 01/29/13 - 01:02 am
10
2
"we think it goes to the

"we think it goes to the heart of our system of governance"

I think the court ruling it unconstitutional goes to the heart of Obama's presidency. It's the epitome of his disdain for the Constitution. Goes right along with his current assault on the 2nd Amendment....and his threat to raise the debt ceiling by executive order. Fits right in with the "it was a fee when we were shoving it down your throats but now that we are going to court it's a tax".

Riverman1
82158
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Riverman1 01/29/13 - 10:28 am
9
1
Not Adhering to Constitution is Law Breaking

Louis Michael Seidman, a law professor from Georgetown University, on Charles Osgood’s CBS show said the Constitution is outdated and harms the country. He claims it prevents government from acting. Seidman says “giving up on the Constitution” is NOT a radical thing. He also says “if President Obama wasn’t born in the country, it shouldn’t matter.” About gun control he says if the people want it the Constitution shouldn’t limit their ability to impose restrictions.

It’s becoming clear that it’s not what the Constitution says, but what the Democrats along with the 51% and liberal media say that should matter. I do believe our founding fathers saw such a problem coming and put in constitutional safeguards that make it exceedingly difficult to change the Constitution. Liberals will just have to deal with it or break the law like a thief in the night or like... Obama.

carcraft
25153
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carcraft 01/29/13 - 06:47 am
6
2
Shreding the Constituion!

It just isn't the second amendment that his President has trashed. Obama's health care mandate on birth control shreds the freedom of religion in the first amendment and gives appointees the right to decide what is and isn't with in religious beliefs. If you work for the Catholic Church in the administration office of a diocese that is a religious activity, if you work for the Catholic Church in soup kitchen that is secular work according to Obama bureaucrats. If you own a business and practice certain faith based principals your ability to operate and purchase employee benefits in your religious belief system is limited by Obama appointees. It just goes on and on. Don’t worry Obama knows exactly what your religion and the expression of those beliefs should be…. And he has Bureaucrats, IRS agents and petty government officials lined up to insure you understand also!

carcraft
25153
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carcraft 01/29/13 - 06:49 am
6
2
The Mad queen would be happy

Liberals think the Constitution means what THEY say it means depending on the day and the political need!

Humble Angela
41338
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Humble Angela 01/29/13 - 08:32 am
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What? No liberals defending
Unpublished

What? No liberals defending the President's documented violation of the Constitution? I figured there would at least be the usual rationalizations, or pointing out someone else's crimes in order to divert attention.

Little Lamb
45276
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Little Lamb 01/29/13 - 08:48 am
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2
Court

The court ruled the president violated the Constitution. But the court did not and cannot do anything about it. Obama is laughing at this ruling. Obama is mocking those judges. The appointees are still sitting in their offices and smirking. Nothing has changed.

Humble Angela
41338
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Humble Angela 01/29/13 - 08:53 am
7
2
The court can't do anything
Unpublished

The court can't do anything about it because THEY know the limit of their power (most of the time). Too bad the President doesn't know the limit of his.

Willow Bailey
20580
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Willow Bailey 01/29/13 - 09:09 am
7
3
Obama is the first president

Obama is the first president that many actually despise . No other president had such a complete disregard and disrespect for the law and the people.

nofanofobama
6801
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nofanofobama 01/29/13 - 09:10 am
6
2
to all those liberals in the

to all those liberals in the press who denounce the constitution ..lets start with the 1st amendment..so the press can be sued for libel and fraud...as a matter of fact the press was to be the fourth rail to hold the govt accountable..whether liberal or conservative..it was designed to be skeptical about govt..to investigate and to shine the light on govt...to seek the truth...far cry from today with the everlasting tingles and praises heaped upon obumler..no courosity about the dead embassador, no question about a 2 hour speech today in VEGAS that will cost millions to taxpayers in a time of destructive debt and higher taxes so obumler can fly in AIR FORCE ONE...nothing even arouses the suspicion of the press with it comes to obumler...we are all illed served when the press is not a watch dog regardless who in the white house.

deestafford
26052
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deestafford 01/29/13 - 09:23 am
6
0
Don't forget what Obama said

about the Constitution is a negative rights document and it should not be in that it should not restrict what the government can do. I'm cringe each time I hear someone call him a "constitutional professor". He was a constitutional lecturer! As a matter of fact, the course was created for him by some donor to the university after he had applied to become a professor and was turned down for lack of qualifications. The longer he was there the lower his student ratings became. He never authored any articles nor participated in any faculty discussions or debates during his time there. As has been most of the things he has done in his life, it was as if he was doing something to get a blocked checked on some list of progressing to some goal he was striving toward. This sort of fits in with the theory, far fetched as it may seem, that he,along with many others, was tapped and groomed from early in life by some foreign power or religion to be put on a path to reach the highest echelons of the US government in order to fundementally transform it. The hope being that out of many tapped and groomed, one would make it.

CobaltGeorge
154962
Points
CobaltGeorge 01/29/13 - 09:42 am
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1
Just One Word

IMPEACHMENT

Willow Bailey
20580
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Willow Bailey 01/29/13 - 09:46 am
5
1
The press (most of it) is no

The press (most of it) is no longer a watch dog for good government, but more of a fan club and protector of those whose agenda is anti-America and anti-Christ. It's really amazing that Tim LaHaye predicted their changing roles and the impact it would have on our country many years ago.

Many of you would do well to put down such topics as 50 Shades of Grey and pick up Tim LaHaye's series beginning with, Left Behind. You'd actually learn something very valuable.

harley_52
22941
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harley_52 01/29/13 - 09:44 am
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A Quote From Ben Stein...

....goes a long way to summing up what's become of contemporary democrat logic and governance.

"Fathom the hypocrisy of government that requires every citizen to prove they are insured...., but not everyone must prove they are a citizen...."

"And now, any of those who refuse, or are unable, to prove they are citizens will receive free insurance paid for by those who are forced to buy insurance because they are citizens."

- Ben Stein

Humble Angela
41338
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Humble Angela 01/29/13 - 09:49 am
5
2
Still waiting for the
Unpublished

Still waiting for the liberals to defend this violation of the Constitution. I know they are reading this, as is indicated by the numerous "thumbs down." Come on...have courage.....speak out. Defend your "lord and savior" as Jamie Foxx called him.

carcraft
25153
Points
carcraft 01/29/13 - 10:02 am
4
3
Once the Supreme Court rules

Once the Supreme Court rules (and if it up holds the lower court ruling) then the laws and rules passed by the labour realtions board will be vacated and unenforceable. Obama will have to appoint more members because the illegal apointments were required for a quorum (SP) a legal decision to be made!

harley_52
22941
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harley_52 01/29/13 - 10:04 am
5
3
CG...

"Just one word....IMPEACHMENT"

Very unlikely, unless he's caught on camera repeatedly and openly denouncing the Constitution and killing little babies. The Congress and the Courts are unlikely to pursue impeachment for the same reasons they are/were unwilling to really pursue this birth certificate controversy. Simply stated....it's because he's the first black President.

Can you imagine what would happen if a bunch of "white guys" tried to "steal the Presidency" from the first black, elected President? You talk about rioting in the streets and cities burning....

Regardless the real reasons or factual, provable justification, it would be billed as a racial issue and all hell would break loose. Congress and the Courts would rather we all just wait it out and let it go away. Nobody wants to see the Country burning.

Humble Angela
41338
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Humble Angela 01/29/13 - 10:13 am
5
2
"Nobody wants to see the
Unpublished

"Nobody wants to see the Country burning."

Except for Nero.

Willow Bailey
20580
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Willow Bailey 01/29/13 - 10:14 am
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2
@harley..."Nobody wants to

@harley..."Nobody wants to see the Country burning."

You are right harley. Nobody does. But rest assured it is ... a slow, smoldering burn.

harley_52
22941
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harley_52 01/29/13 - 10:16 am
4
2
"Except for Nero."

Yes, of course, and Mrs. Oleary's cow.

Willow Bailey
20580
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Willow Bailey 01/29/13 - 10:19 am
4
2
harley, I could really

harley, I could really address that cow part. Guess I'd better keep us both out of trouble, though:)

harley_52
22941
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harley_52 01/29/13 - 10:23 am
4
2
"You are right harley. Nobody does....

....But rest assured it is ... a slow, smoldering burn."

I know, Willow, and I don't like it any better than the next guy.

It's called "the law of unintended consequences." The unwitting culprit in all of it is the American voter.

harley_52
22941
Points
harley_52 01/29/13 - 10:26 am
4
1
" Guess I'd better keep us both out of trouble..."

Hoo boy....let's not go there. :)

soapy_725
43672
Points
soapy_725 01/29/13 - 10:29 am
1
1
Obama is Dameon...
Unpublished

from the Omen. Look at the history. Science fiction has once again become reality. 1) strange undocumented birth 2) records destroyed 3) raised by people other than parents 4) youthful tutoring by a military family with money 5) demons protecting him until adulthood 6) sudden rise to global power. Has anyone looked at his scalp?

Riverman1
82158
Points
Riverman1 01/29/13 - 10:39 am
7
2
Speaking of attacks on the First Amendment

Speaking of attacks on the First Amendment, Obama is now criticizing Fox and Rush for getting on Republicans who go along with Democrats. It's called freedom of speech and freedom of the press, Mr. President.

KSL
126121
Points
KSL 01/29/13 - 10:52 am
5
2
He is not from America. What

He is not from America. What does obama know about freedom?

KSL
126121
Points
KSL 01/29/13 - 10:56 am
4
2
The American kind of freedom?

The American kind of freedom?

Willow Bailey
20580
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Willow Bailey 01/29/13 - 11:23 am
4
2
Obama knows a lot about

Obama knows a lot about American freedom, KSL. He knows it must be eradicated to accomplish his goals.

allhans
23523
Points
allhans 01/29/13 - 11:24 am
5
2
Immigrants flee countries

Immigrants flee countries with large governments and come to this country for the freedom it represents..Now Obama along with his hard-core followers are determined to take us back to the days of monarchy.

nofanofobama
6801
Points
nofanofobama 01/29/13 - 11:42 am
4
2
allhans-maybe this is obumler

allhans-maybe this is obumler immigration plan to make our govt so big and our economy so bad they will quit coming here and if here ,go home. so far plan is going forward and with further implemations in the near future from EPA etc..plan will then be complteted..

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