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.

Comments (47) Add comment
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dichotomy
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dichotomy 01/29/13 - 10:58 am
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"But the court did not and

"But the court did not and cannot do anything about it."

But anyone impacted by the rulings these pretenders have made are free to ignore them. The Obama administration would not dare to try to take them to court.

If I were Boeing I would completely ignore any coerced agreements made with the illegally appointed LRB.

Bizkit
35764
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Bizkit 01/29/13 - 11:56 am
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The last 4 years of the Bush

The last 4 years of the Bush regime we say Dems demonize and want Bush impeached and serving time in prison. My bet this president may see both. The failure to be a president and protect the constitution, the murder of an american citizen should put him in prison, etc. If not then the rule of law is dead-yeah I must be asleep a little late eh.

harley_52
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harley_52 01/29/13 - 12:13 pm
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Hey CG...

President Obama claims he shoots skeet "all the time." Why don't you invite him out to your place and see how he does?

Darby
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Darby 01/29/13 - 12:46 pm
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"Liberals will just have to deal with it.....

or break the law like a thief in the night or like... Obama."

Six of one, half a dozen of the other.

Darby
29613
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Darby 01/29/13 - 12:49 pm
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Yeah... If Obama and his family is ever attacked by...

a wild, out of control skeet, he's gonna be ready.

Humble Angela
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Humble Angela 01/29/13 - 12:49 pm
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I would rather Obama went
Unpublished

I would rather Obama went skeet shooting with Cheney.

Darby
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Darby 01/29/13 - 01:11 pm
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"I would rather Obama went skeet shooting.....

with Cheney."

Now you be nice Angela. I know what you are thinking. On the other hand, I'd love see Mr. "I shoot all the time.." Obama in a shooting competition with Cheney or just about anyone. Remember when he was foolish enough to allow the press to film him bowling? Remember the gutter balls?

Reminds me of John Kerry's "Where kin I git me one of them huntin' licenses?". Or Hillary's "I ain't no ways tired."

They just can't be themselves.

Humble Angela
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Humble Angela 01/29/13 - 01:10 pm
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I average around 20 in
Unpublished

I average around 20 in skeet......I'd love to shoot against him!

Darby
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Darby 01/29/13 - 01:14 pm
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Angela

I'd bet on you even if you allowed him to use a shotgun while you use ball ammo. And I don't even know you. But I do know a phony when I see one.

Humble Angela
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Humble Angela 01/29/13 - 01:16 pm
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I doubt he would know the
Unpublished

I doubt he would know the difference. He and his followers think the Army no longer uses bayonets. How would we expect him to even know what ball ammo is.

CobaltGeorge
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CobaltGeorge 01/29/13 - 01:57 pm
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Angela

You are more than welcome to Cobalt Park Skeet Range. The pot gets pretty big sometimes.

Riverman1
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Riverman1 01/29/13 - 02:43 pm
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Conservatives Who Comment Here

I notice on this board we have the most gun owning, sharpshooting, Constitution loving, patriotic, self-reliant, pick-up truck driving, land owning, cowboy hat wearing, horse riding, smartest people in the western hemisphere. This side of Ludowici anyway.

harley_52
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harley_52 01/29/13 - 05:39 pm
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Some Might Accuse You....

....of being at least a little biased, Riverman.

Bizkit
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Bizkit 01/29/13 - 06:02 pm
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Now we see Obama declare war

Now we see Obama declare war on Fox news and no other news outlet is indignant complaining about free press. So what do we call him now-Lil' Caesar, or Lil' Hitler, or Lil' Hugo, or Lil' Mao, or Lil' Fidel, or etc. etc. etc. etc. So much for the ruse of progressives being anything but socialist with a great affinity to communism. Wow I'm old enough to remember brothers taking a vow to kill commies in Vietnam and now the commies are my neighbors. Sheesh.

OJP
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OJP 01/29/13 - 06:40 pm
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A few things:

(1) This issue has been heard by many courts and this is the only one (that I'm aware of) that has found this to be unconstitutional. The Supreme Court will have to resolve the circuit split.

(2) This is not an "Obama" thing, this is a "President" thing, so quit the belly-aching about this being some great constitutional travesty (unless you can provide examples of the same level of outrage when Reagan, both Bushes, and Clinton did the same thing).

Now carry on implying you'd like to shoot the President in the face :)

CobaltGeorge
177299
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CobaltGeorge 01/29/13 - 06:55 pm
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OJP

Too bad you don't see the targets I use on my gun range......

Bizkit
35764
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Bizkit 01/29/13 - 07:00 pm
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NO!!! Of course there have

NO!!! Of course there have been recess appointment but basically the Congress was procedurally fillerbuster the appointments which is wrong-but then the Pres says screw you and technically makes unconstitutional appointments. Which technically the SCOTUS will likely uphold and likely admonish Congress and the Prez for such antics. But there is history of Pres grabs for power and that branch has really grown too strong from the intent of the founders. Obama is intentionally pushing Constitutional buttons for his agenda.

carcraft
28654
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carcraft 01/29/13 - 07:14 pm
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Notice how obama can't stop

Notice how obama can't stop lying? I shoot all the time, I cut the deficit by a trillion, I I I I I ...LOL

Willow Bailey
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Willow Bailey 01/29/13 - 07:16 pm
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Nobody ever mentions the

Nobody ever mentions the czars? Who are they, how much do they make, what are they doing and why doesn't anyone care about all his secrecy?

Humble Angela
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Humble Angela 01/29/13 - 07:18 pm
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Well....it took all day, but
Unpublished

Well....it took all day, but just as I predicted, the only defense that OJP has is to point to someone else that did something wrong (and none of them did recess appointments while congress was NOT in recess so his attempted diversion is basically wrong anyway).

Thanks for not disappointing OJP.

painfully honest
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painfully honest 01/29/13 - 08:18 pm
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1
Sean Moore
Unpublished

At what point are you going to step in and determine that the comments made by Angela and Cobalt George are not only innapropriate and slanderous but dangerous. They are actually hinting at shooting the President of the United States. Are you going to put a stop to these types of comments or do I have to get the Secret service involved? I'm sure they will not only review this thread but all of the other ones as well. You can delete my message but it will not change the fact that your patrons are threatening the life of the President and I feel an obligation to inform the proper authorities of their activity.

CobaltGeorge
177299
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CobaltGeorge 01/29/13 - 08:23 pm
0
1
One Step Higher Than Impeachment!

Obama Flagrantly Commits Treason

14 January 2013

If this isn’t treason, then I don’t know what is. The US Constitution defines treason in Article 3, section 3 thusly: “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

The Taliban harbored al Qaeda in Afghanistan in the lead up to the 9/11 attacks on America in September 2001. Obama even recognized the Taliban as a terrorist organization when he said, “We went into Afghanistan, because 3,000 Americans were viciously murdered by a terrorist organization that was operating openly and at the invitation of those who were then ruling Afghanistan.”

Now that same Taliban is to have an office in Kabul, Afghanistan. That same Taliban will engage in direct talks with the democratic government in Afghanistan. I somehow don’t expect the Taliban to talk in good faith.

“Dear Leader” President Barack Hussein Obama and Afghan President Hamid Karzai made the announcement on Friday, January 11. Here is some of what Obama said:

“Ultimately security gains must be matched by political progress, so we’ve recommitted our nations to a reconciliation process between the Afghan government and the Taliban. President Karzai updated me on the Afghan government’s road map to peace, and today we agreed that this process should be advanced by the opening of a Taliban office to facilitate talks.”

Read more: http://MinuteMenNews.com/2013/01/obama-flagrantly-commits-treason/#ixzz2...

KSL
145067
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KSL 01/29/13 - 08:47 pm
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1
Just 1

Of many acts of treason.

CobaltGeorge
177299
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CobaltGeorge 01/29/13 - 08:50 pm
1
1
Treason

Offense of attempting to overthrow the government of one's country or of assisting its enemies in war. In the U.S., the framers of the Constitution defined treason narrowly—as the levying of war against the U.S. or the giving of aid and comfort to its enemies—in order to lessen the possibility that those in power might falsely or loosely charge their political opponents with treason.

KSL
145067
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KSL 01/29/13 - 08:53 pm
0
1
fedex227
11187
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fedex227 01/29/13 - 09:17 pm
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1
"Now carry on implying you'd like to shoot the President ...
Unpublished

in the face."

It's amazing how they derive so much pleasure in the thought.
Ah, the Christian right.

Willow Bailey
20605
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Willow Bailey 01/29/13 - 09:32 pm
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2
But, is there such a thing as

But, is there such a thing as the Christian left?

fedex227
11187
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fedex227 01/29/13 - 09:47 pm
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"But, is there such a thing as the Christian left?"
Unpublished

Sure there is- we just worship God more than we do our guns.

KSL
145067
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KSL 01/29/13 - 09:50 pm
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1
fed

How do you feel about obama spending 1.6 mil to fly to Las Vegas to give a speech?

That would be money the US has to borrow at this point.

I await your justification.

fedex227
11187
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fedex227 01/29/13 - 10:22 pm
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3
KSL ... Please ...
Unpublished

don't make me cite the number of times Ronald Reagan or George W. Bush used Air Force One for political purposes in comparison to President Obama. I don't want to make your head explode.

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