Obama appointments declared unconstitutional
January 25, 2013 at 11:53 am in News by Dustin Siggins 39 Comments
In 2012, President Obama created a substantial controversy when he made several appointments to the National Labor Relations Board in violation of the Constitution. Today, it was reported the U.S. Court of Appeals for the D.C. Circuit ruled in favor of the Constitution and the American people:
The U.S. Court of Appeals for the D.C. Circuit says Obama did not have the power to make recess appointments last year to the National Labor Relations Board.
Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called “pro forma” sessions.
Pro forma sessions are essentially mini-sessions, where Congress is only in session for a few seconds or minutes. No legislative work is done. They are held every few days in order to prevent a President from declaring recess appointments, as was the case in 2012. As the Court rightly found, the President’s appointments did not take place in a congressional “recess” due to the pro forma sessions.
The Administration is expected to appeal to the Supreme Court, but for now activists should cheer the fact that the Constitution was upheld. Make sure you thank Mark Levin’s Landmark Legal Foundation for this victory — they were one of the litigants in the case.
The entire ruling can be seen here.
FINALLY! A court that actually protects the constitution. Thank you Mark Levin and Company! Job’s not done though! This president will keep trying to destroy the foundation of this country.
President Obama has overstepped his authority and should finally begin to listen to the courts and the People of America….after all he is PRESIDENT Obama and not KING Obama. If he can’t obey the law of the land…then perhaps he should find a kingdom that he can rule with an iron fist much like Hitler did.
Letslease stop the Hitler similarities when some fi.d it racist let us then make reference to Edie amen.
Indeed – thank you Mark Levin and thank you Tea Party.
Please keep up this work to have the president and his administration fully comply with the Constitution.
Is there some aspect of the Constitution that the Senate MUST provide a budget and if so what can be done to enforce that.
There is no provision in the Constitution about a federal budget. The idea of a budget was brought up a couple of years ago to provide some sort of structure.
A triumph of gamesmanship by a do-nothing Congress. I wouldn’t crow about Congress convening “for a few seconds” to keep the Executive Branch from carrying out it’s Constitutional duties. Sheesh. I’d keep this one under my hat were I the architect of this particular odious gambit.
Victoria,
The president was appointing recess appointment so that congress would not have the ability to debate and deny their nominations. So your savior was bypassing the constitution and congress to put people in to powerful positions to carry out his liberal agenda.
I agree entirely with Victoria: procedural manoeuvre to stop Exec branch doing anything when Congress is not in session. So Congress pretends it is in session with a few gavel bashes every three days, and suddenly the Tea Party rushes to defend this sham as ‘upholding the constitution’. Where does the constitution say that every shady action by Congress is sacred, and every sensible action by the President is an attack? Only in the hearts and so-called minds of people who are absolutely against this particular President regardless of fact, sense or real principles.
We’ll see how SCOTUS rules at the end… Don’t start celebrating yet. Remember what happen with Obamacare.
We are celebrating now because we won this round. If we win the next we will do it again. We will throw 0bamacare out a window too. We will celebrate in 2014 when we take the senate and retain the house. You KOOL-AID drinkers time in power is very limited. Beware of overreach it can topple you.
Mason – just like Mitt was supposed to win a landslide Presidential election. I’ll stick with math and science – you can stick with positive thinking and outreach. You may not have noticed but we are getting our butts kicked by the Democrats.
Isn’t anybody else bothered by the war allusion, that two enemies are trying to whup each other? First of all, there are other parties than Dem and Rep; we might be better off if they got more attention, since the Dem-Rep combo seems to be a big fail at the moment, with a Congress that seems hopelessly frozen. But more importantly, we’re all on the same team. We all want a safe place to raise our kids, enough healthful food and water to sustain ourselves, meaningful work that can support a reasonable lifestyle, and friends and a planet to enjoy while we’re on it. We are not enemies. We are family.
What we need is another revolution and get this president away from the power he has he is only ruining America and we need to take out many of the corrupt people in congress. We need to stand up and take America back! He acts like America belongs to him but he is unconstitutional and is trying to take away our rights with his lies. I say power to the people lets take America back before it’s too late!
Kool the jets Dave. What we need now is feb.23 2013 to be a winner. Find a TEA PARTY get together in your area and go and listen. Don’t talk much just listen.
Now what happens to the people he appointed? Are they going to continue working or must they resign their posts?
He is PRESIDENT Obama and not KING Obama. If he can’t obey the law of the land…then perhaps he should find a kingdom that he can rule with an iron fist much like Hitler did. If we continue in the present path, (the recent reelection) than he has founf HIS country where he can be King. WAKE UP, AMERICA!
If He can’t obey the law or enforce it he is lawless. this disqualitfies him of presidency.
Perhaps it is time for impeachment proceedings!
Impeachment is the only thing that is right,all the talk in the world will not do any thing to make this right but now. Obama is not the only one who needs removed, a lot of them do,there not looking out for the U S they are caring for their wallets.
IMPEACHMENT IS THE ONLY. WAY TO RID OF
THIS ILLEGAL RESIDENCE OF THE
WHITE HOUSE.ITS ABOUT
TIME FOR WE THE
THE PEOPLE
TO MOVE.
Impeachment is a great idea that can’t be completed soon enough. Have you ask your congressman to introduce a bill to impeach Obama, and get rid of Holder as well?
SOME HOPE ON THE HORIZON?AToo bad only a handful ofpeople are willing and breve enough yo stand up for what is right and legal.
Impeachment is a great idea that can’t be completed soon enough. Have you ask your congressman to introduce a bill to do just that? Do it.
Thank you Mark Levin. It’s time for the courts to uphold our constitution!! Impeachment I have been saying for some time now. No President should be able to try to make law from executive order and bypass our Congress.
I agree with Hellfire. While there is now a ruling against the appointments from an Appeals Court, their holding is not final unless and until the SCOTUS says it is. I’m almost certain there will be an appeal which means the everything will be put on hold pending results of the appeal. The SCOTUS can deny Cert (reject the case which means the Appeals Court holding is final) or grant Cert (accept the case) I feel almost certain it will grant Cert. If it goes to the SCOTUS, there are a number of holdings that would be final. They could find for either party (in which case they hold by degrees – meaning a very limited holding to a wide ranging holding) or they could remand it to the lower court with or without instructions.
As you can see, there are still way too many options still open to begin any celebration. I’d suggest saving the touchdown dance for the final decision.
Joe, today we dance. When we win again we dance again. In 2014 we dance again. We remain positive. There has to be light at the end of the tunnel. If it is the headlight of an approaching train we will jump to the side and wait till it passes. We will not give up EVER. As you and Nancy and Harry and David will not. We battle on.
I meant HELLFIRE not David he is on our side.
Now !!!!!! What happens to HIM. He has violated his Oath of office to defend and uphold the very constitution that he knew he violated for strictly Political purposes. This sounds like an Impeachable offense. Throw in all the Other Illegal / Unconstitutional acts this moron has done. I don’t need worthless victories, Consequences with hard swift results are needed. This is wht the 2nd amendment is so important to the American People.
Some of you people need to come to grips with reality. Don’t you think the Koch brothers, Sheldon Adelson, Donald Trump and the other Republican elites try to impeach Obama if we could???
All of you people are crazy. If u don’t like this country……Leave.
Sandl / you are ill informed, most people love this great country and are tired and upset with obama and his henchmen. look back in history (50 to 100 years) and most people understand that the United States of America has slowly been taken in the wrong direction. you confuse “crazy” with frustration. I think it is you who should go to a nanny country where you will not have to take any responsibility, just hold out your hand.
Sandl,
LOL. We want to conserve our country, others want to transform it and you think we don’t like our country. Methinks not. If a more European country is what you like, you move. Report back on how well socialism suits you. We’ll be here to bail you out as we have done so many times before.
I cannot believe with all that he is doing to undermine all aspects of america no one is pressing charges on the adminstration and especially POTUS, SOS, Cabinet, Congress, Senate, Supreme Court Justices. they should all be fired. They work for us. they are suppose to defend the constitution, not re-write it. Protect americans, not endanger us. Be ficially responsible not spend our way to 3rd world status. We need to re-invigerate the tea party….beingmindful to to reduce ourselves to the behavior of the enemies of America. We need to flood phones to congress, white house, etc. tlet them know what we want. Ban the muslim brotherhood (for true hate crimes) . We need to take seriously who we elect. Lets elect men and women of valor, of intergity, truthfulness, humbleness, faith in our creator. Let us pray He who is able to begin in us a national revival that turns our heart back to the God of all creation.
Yes! This is why I just joined. Thank you for the fight!
All one can say is Thank you, thank you, I cannot even watch this man on TV. He is decitful and has an agenda, why I do not know to bring out country down.
This is my first post…I can see there are some well informed and patriotic persons here…I feel at home and amongst friends…like the Founding Fathers did at Philadelphia in ’76. The one addige that sticks in my mind is the quote, “If we don’t stand together we shall surely hang together”. It’s time to fish or cut bait.
this is my observation of reading some of these articles, and…the part of the gavel banging every 3 days to keep something ongoing, OR to make sure to stop something from on going in congress, it works both ways, they screw each other over and over and over until they say ” well this is going nowhere, don’t look like anyone will back down, lets try and make a deal.” both dont get what they really want, lick their wounds, and the tug of war is on again.
2nd, and more troubling to me, Obama is suspected of, or found doing, UNCONSTITUTIONAL actions that are illegal, why doesn’t ANYONE serve him his…WELL over-due impeachment, along with his known accomplices, office, etc. and hold a tribunal and charge them all, for ..idk…conspiring to commit treason against the American nation. NOT ONCE! have i seen or heard of any such things happen in the news, or in articles, such as this one i read. “WHAT” and “WHO” is stopping justice from Sentencing the accused (Obama Admin.) for “deliberate acts” unbecoming of a “Countries Leader” does the “POTUS” have that much power really? and why do we let them have it?
and to the man who wants another revolution… there will never be another, the Government can legalize, and distribute, every automatic weapon, to every citizen, and it still wouldn’t stop, a “cruise missile(s)” or worse. it would be a genocide, your revolutionists would perish, and their cause discredited, forever in history, as a , (blah, blah) cult or some “fast and furious-fanatics” ….WHEW! and you know what until we take the crooked, and corrupt individuals (as said from the top of this page) Obama and others in offices of power, and actually charge them for crimes. anything shady going on ,in government, is a nice way of saying those crooks are getting away with it and we let them!
My thoughts on all this, are actions, from that i have observed, and learned from past mistakes. hope you enjoyed
sorry for the minor typing errors in my earlier post
i wanna thank mark levin and landmark legal for fighting for us!