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Author Topic: Obama appointments are unconstitutional  (Read 213 times)
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He won by a "landslide" lol


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« on: January 25, 2013, 09:20:00 AM »

http://hosted.ap.org/dynamic/stories/U/US_OBAMA_RECESS_APPOINTMENTS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-01-25-10-49-05

 WASHINGTON (AP) -- President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel, a federal appeals court panel ruled Friday.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board.

The unanimous decision is an embarrassing setback for the president, who made the appointments after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions.

The ruling also throws into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made under the recess circumstance, has been challenged in a separate case.

Obama claims he acted properly in the case of the NLRB appointments because the Senate was away for the holidays on a 20-day recess. But the three-judge panel ruled that the Senate technically stayed in session when it was gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic - as Democrats have in the past as well - to specifically to prevent the president from using his recess power. GOP lawmakers contend the labor board has been too pro-union in its decisions. They had also vigorously opposed the nomination of Cordray.

The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

On Jan. 4, 2012, Obama appointed Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.

Obama also appointed Cordray on the same day.

The court's decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation's labor unions to organize new members.

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Skip8282
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« Reply #1 on: January 25, 2013, 09:35:59 AM »

It's their own dumbass fault on either side.  They wanna shove their buddies and reward their helpers rather than doing what's right.  It's why FEMA failed miserably in the past and why Barry's getting his ass handed to him now.

I think the SCOTUS may actually take this one...but I'm no lawyer...
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blacken700
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« Reply #2 on: January 25, 2013, 09:40:43 AM »

i think this has been done in the past by recent pres.  just curious why now it's a big deal
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« Reply #3 on: January 25, 2013, 09:45:43 AM »

i think this has been done in the past by recent pres.  just curious why now it's a big deal

I'm going to just throw this out there and say, that this President has been so blatantly unconstitutional in the majority of his dealings that someone finally stood up and said enough was enough. I think you'll be seeing a lot more of these rulings in the coming years. Obviously this suit was filed right after these appointments were made and the ruling just came down.
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« Reply #4 on: January 25, 2013, 09:47:09 AM »

i think this has been done in the past by recent pres.  just curious why now it's a big deal





No, it's how Obama tried to argue they were in recess.  But it amounts to the same thing, they all wanna circumvent the approval process to get their buds in their.

I just sent Barry some cupcakes cause I'm angling for an OSD position.

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