An appeals court has unanimously decided that Barack Obama violated the Constitution when he tried to make appointments to the NLRB when the Senate was not in recess.
The law is such an inconvenient thing: An appeals court has unanimously decided that Barack Obama violated the Constitution when he tried to make appointments to the NLRB when the Senate was not in recess.
The Constitution is very clear on this issue (see article I, section 5). It is up to the Senate to decide when it is in recess, not the President. Obama’s attempt to ignore the clear words of the Constitution here is an ugly example of his willingness to place himself above the law, something no American citizen of either party should take lightly.
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The law is such an inconvenient thing: An appeals court has unanimously decided that Barack Obama violated the Constitution when he tried to make appointments to the NLRB when the Senate was not in recess.
The Constitution is very clear on this issue (see article I, section 5). It is up to the Senate to decide when it is in recess, not the President. Obama’s attempt to ignore the clear words of the Constitution here is an ugly example of his willingness to place himself above the law, something no American citizen of either party should take lightly.
Readers!
My annual February birthday fund-raising drive for Behind the Black is now over. Thank you to everyone who donated or subscribed. While not a record-setter, the donations were more than sufficient and slightly above average.
As I have said many times before, I can’t express what it means to me to get such support, especially as no one is required to pay anything to read my work. Thank you all again!
For those readers who like my work here at Behind the Black and haven't contributed so far, please consider donating or subscribing. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
Good news.
What a mess. Does this mean all of their decisions need to be revisited after a legitimate panel is in place?
Recess appointments by their very nature are temporary anyway, in that they still have to go back to the Senate eventually for confirmation. And if the Senate is so opposed to an individual they will probably still not confirm the appointment. So as this plays out, those positions are still filled. But I think the whole thing is being handled properly, and will probably wind its way to the Supreme Court, which will then actually be deciding on basically the validity of the whole concept of recess appointments, and as wodun says above the validity of decisions they made while in office…after all, if they say that pro forma sessions are valid, then each party will always hold pro forma sessions in order to block appointments. I would think Republicans should understand this. The Democrats have little to complain about since Reid introduced the use of pro forma sessions when Bush was President.
I read a great description of Obama the other day :
Obama thinks that the Constitution is filled with suggestions.
Don’t you find it a bit hypocritical of the democrats and especially this President to start breaking their own rules?
And thus forcing things to the SC. Which if the republicans had done something like that, it would have been the end of all civilization as we know it.
The crying and gnashing of teeth would have made 6 year olds jealous. The press would have been calling for street protests.
Its attitudes like this that make parents wish they could send their kids back from were ever they came from.
Or at least be able to slap the neighbors kids.