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.

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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.



  • D. K. Williams

    Good news.

  • wodun

    What a mess. Does this mean all of their decisions need to be revisited after a legitimate panel is in place?

  • Jim

    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.

  • JGL

    I read a great description of Obama the other day :

    Obama thinks that the Constitution is filled with suggestions.

  • Pzatchok

    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.

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