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Court Rules Obama Actions Unconstitutional — Which Ones?

Jan. 25, 2013 11:35am Jonathon M. Seidl

Appeals Court Finds Obama Recess Appointments Unconstitutional

WASHINGTON, DC – JANUARY 24: U.S. President Barack Obama (R) makes a personnel announcement as Director of the United States Consumer Financial Protection Bureau Richard Cordray (L) looks on at the State Dining Room of the White House January 24, 2013 in Washington, DC. President Obama re-nominated Richard Cordray for the same position Cordray has been holding. Credit: Getty Images

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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Comments (120)

Sharon Rose
Posted on January 25, 2013 at 12:03pm
Just the tip of the iceberg~~

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- The_Jerk
  Posted on January 25, 2013 at 12:29pm
  agree
  
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- Supah_Patriot
  Posted on January 25, 2013 at 12:32pm
  You know how I knew which Obama actions were unconstitutional?
  
  Because I read it on Drudge hours ago.
  
  And what’s with all the “riddle” headlines here?
  
  Report this comment
- mikem1969
  Posted on January 25, 2013 at 12:36pm
  My question is this, if has violated the constitution, therefore violating his oath of office, is that not an impeachable offense? And if it is, come on house file for impeachment hearings. Let’s get the worst president in US history the heck out of the WH and start getting this country back in order.
  
  Report this comment
- Shasta
  Posted on January 25, 2013 at 12:57pm
  Supah, I agree. Why does the blaze end so many of it’s headlines with a question? Do they think they need to trick us into reading the story? I may switch to Drudge if the blaze staff doesn’t grow up.
  
  Report this comment
- guns-an-bibles
  Posted on January 25, 2013 at 1:14pm
  Supah_Patriot
  
  Everything that white house jacka$$ does is unconstitutional. Everything he does is just grounds for IMPEACHMENT!
  
  Report this comment
- HKS
  Posted on January 25, 2013 at 1:45pm
  Well, Hillary said those assassinations in Benghazi didn’t make any difference and I’m sure there are some more of those that need some looking into. Problem is there is no one to look into them.
  
  Report this comment
- VRW Conspirator
  Posted on January 25, 2013 at 1:58pm
  @MikeM
  
  technically..no…he made recess appointments…the Senate stayed in session on a technicality..which is their right..don’t get me wrong..but it would be easy for the Solicitor General to argue that the President “thought” the Senate was in recess because they were on vacation…it would also be easy for him to argue that the President does not think the technicality is a valid session of the Senate….
  it is all just splitting hairs and degrees of legalism..but enough to be used by this and other Presidents to push what they want through when the Senate chooses to stall them….
  
  there are MUCH more obvious things done by this administration that constitute a breach of the Oath of Office and thus could result in Articles of Impeachment being filed….like the 23 EO’s on gun control or any of the other EO’s offered up…mainly the ones on prohibiting drilling on Federal lands even after a US Circuit Court ruled in favor of the drilling, nullified the EO’s prohibiting it, and then the Moron in Chief reissued them…that is a DIRECT breach of a court ruling stating he had overstepped…there is no gray area there…he knew what he did was against US law… blatant contempt of court and thus a “high crime or misdemeanor” and grounds for Impeachment.
  
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- GuruMeditation
  Posted on January 25, 2013 at 2:10pm
  Exactly.
  
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- desertspeaks
  Posted on January 25, 2013 at 2:13pm
  can we put him in jail NOW?!?!?!?!
  
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- Porkchop_sw
  Posted on January 25, 2013 at 3:30pm
  He doesnt believe in the Constitution anyway, he is the KING… I’ll bet he is furious that the judges ruled agains him. (Insert foot stomping here)
  Constitutionally not sure if he’s even eligible to be the king, oops, I mean president, but it hasn’t stopped him. Nothing will stop this anti-christ. It is written. Read “The Harbinger, by Jonathan Cahn. This guy sold out the country from Day one.
  
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- ConstitunalAmerican
  Posted on January 25, 2013 at 4:20pm
  Yes, it is just the beginning of what must be done by our elected politicians, and we need to keep them honest and stay on this to make sure its done and not ignored. Quit the name calling (that includes the Democrats), divisiveness, and get the jobs done as they should be.
  Pass a budget as required yearly and keep those F-16′s here.
  As to John Kerry, he’s the last to be pushing the lies on climate change. DC and the liberal party has become nothing but a “Do as I say, Not as we do standard.
  
  Report this comment
- kadster01
  Posted on January 25, 2013 at 4:22pm
  Yeah, that’s just one of the decisions tried in court but, like all the rest, nothing will be done about it. The liberal/progressive way is to keep hammering away at something until you win. Incrementalism. Appeals after endless appeals will ensure that nothing comes of it. I mean, seriously, if he gets away with what happened in Benghazi – and he will – why would this make any difference?
  
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- Obama_In_PeePee_Is_Becks_Art
  Posted on January 25, 2013 at 5:56pm
  “Court Rules Obama Actions Unconstitutional — Which Ones?”
  
  How’s this for starters?
  
  [part 1]
  
  “OBAMA’S KENYAN BIRTH RECORDS DISCOVERED IN BRITISH NATIONAL ARCHIVES”
  Wednesday, July 18, 2012
  http://thedailypen.blogspot.com/2012/07/obamas-kenyan-birth-records-discovered.html
  By Dan Crosby of The Daily Pen
  (Updated 7/23/2012)
  KEW, SURREY, GB – The last place anyone would think to look for a birth record of someone claiming to be a “natural born” U.S. citizen is Great Britain. The very inclusion of the Article II eligibility mandate in the U.S. Constitution was explicitly intended by the founding fathers of America to prevent a then British-born enemy usurper from attaining the office of the U.S. presidency and thereby undermining the sovereignty of the newly formed nation.
  …
  Recall, investigative journalists working for Breitbart.com [you know, the boss who mysteriously and suddenly "died"] have already discovered biographical information published by Barack Obama’s literary agent in which he claimed he was born in Kenya.
  …
  
  Report this comment
- Obama_In_PeePee_Is_Becks_Art
  Posted on January 25, 2013 at 5:57pm
  [part 2]
  …
  Recall, on August 1, 2009, Dr. Alan Keyes, Pamela Barnett and 42 other plaintiffs filed evidence in a lawsuit challenging Obama eligibility which included a copy of an image of an alleged Kenyan Copy of Certification of Registration of Birth (CCRB). In the hours after the image appeared on the internet, MSNBC and other liberal mainstream, pro-Obama networks went ballistic attempting to debunk the idea that such a docûment exists.
  …
  Several sources show that Secretary of State, Hillary Clinton made a sudden visit to the British Foreign and Commonwealth Office, the British agency which oversees Public Records Archives from colonial protectorates, to speak with the Chief Executive of the Archives in early August of 2009.
  
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- Obama_In_PeePee_Is_Becks_Art
  Posted on January 25, 2013 at 6:05pm
  [part 3]
  
  I guess that makes it EVERY SINGLE THING HE EVER DID while occupying the White House …
  
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- Jake Dog2
  Posted on January 25, 2013 at 6:25pm
  Supah_Patriot
  
  @ Suph-Papriat “You know how I knew which Obama actions were unconstitutional?
  Because I read it on Drudge hours ago.
  And what’s with all the “riddle” headlines here?”
  
  If you don’t like it here why do you keep coming back and acting like an ass?
  
  Report this comment
- TEXASGRANNY73
  Posted on January 25, 2013 at 6:29pm
  Thank you, Mark Levin. Thank you, thank you, thank you for loving America and our Constitution. Thank you for standing and saying it like it is. This story is still number one story on Fox and here it has been kicked down for dung, Interesting.
  
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- turkey13
  Posted on January 25, 2013 at 6:39pm
  It looks like the White House needs to hire a Harvard Constituitional professor to come in a and pre-check for errors.
  
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- Xyskalla
  Posted on January 25, 2013 at 10:55pm
  Supah, I’ve been complaining about the headlines in The Blaze for a few months now. It’s like a twelve-year-old is writing them. Other headlines are misleading, implying one thing when the article gives you something completely different. Other headlines oversell by a long shot, using descriptive terms like “hilarious” for things that are only mildly amusing.
  
  I’ve had enough. I’ve been reading fewer and fewer Blaze articles because it’s not getting any better. What’s the point in reading an article if I know a catchy headline doesn’t even match what’s actually in it? Maybe it is time for me to start looking at Drudge first.
  
  Report this comment
- TH777
  Posted on January 26, 2013 at 12:35am
  And as usual, he’ll get away with it. Nothing will be done to him. He won’t be held accountable. What is happening to this Country??
  
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- Sosorryforyou
  Posted on January 26, 2013 at 12:45pm
  Actually, what this court did was unprecedented. It contradicts 150 years of recess appointments (285 recess appointments in all) made by presidents between 1867 and 2004. That would include Republican and Democratic Presidents who have made this a practice in their administrations. Where was the outcry when Bush and Reagan and other Republican Presidents did this?
  
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- Sosorryforyou
  Posted on January 26, 2013 at 5:24pm
  During Bush’s presidency he made 171 recess appointments while President Obama has made only 35 recess appointment. Also, Friday’s opinion, by Judge David Sentelle, is directly at odds with a 2004 decision by the 11th U.S. Circuit Court of Appeals, in Atlanta, which upheld Mr. Bush’s recess appointment of a federal judge against a similar challenge. So, why wasn’t it considered unconstitutional by Republicans when Bush did it?
  
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- dcatkin
  Posted on January 27, 2013 at 12:08pm
  We all know that nothing matters as far as Obama goes, he will never pay for it. We are stuck with this moron froever.
  
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- dstmartin7
  Posted on March 28, 2013 at 7:30pm
  Stop all unconstitutional acts. Sign petition for redress at http://www.cdotx.com
  
  Report this comment
PIGSWILLNEVERFLY
Posted on January 25, 2013 at 12:03pm
Three US Court of Appeals Judges are not yet corrupted. It is a set back for -0, the illegal pResident.
Appeal is going to be made to Supreme Court.

Pray that the Supreme Court is not further corrupted before this and other important issues come before these nine.

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- Snowleopard {gallery of cat folks}
  Posted on January 25, 2013 at 12:23pm
  The crux of the matter is that even if the SCOTUS upholds the lower court decision in the matter, Obama will still do as he pleases – the man is completely insane and power-hungry.
  
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- Al J Zira
  Posted on January 25, 2013 at 3:36pm
  The problem is even if the SCOTUS upholds the lower court decision and the president does as he pleases, Congress doesn’t have the guts to file articles of impeachment. It’s the only way to shut him down.
  
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- madvlad
  Posted on January 25, 2013 at 11:59pm
  May this be the pebble that starts the landslide that takes this fellow out of the WH and into the dustbin of history. I hope he lives a long life and sees his reputation wither away.
  
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huntinwabbits
Posted on January 25, 2013 at 12:03pm
Does this imply that there exists actions by King Obama that are actually Constitutional? If so, that’s news to me.

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- rolla020980
  Posted on January 25, 2013 at 12:47pm
  Wait… we still have a constitution? I thought Obama already abolished it.
  
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dwf1
Posted on January 25, 2013 at 12:01pm
The US Constitution only applies to the POTUS not IEOTW (Imperial Emperor of the World).

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Moliminous
Posted on January 25, 2013 at 11:58am
It’s about time! And it’s only the first on a list of over 152 flagrant abuses of power. Let’s get going.

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woodyee
Posted on January 25, 2013 at 11:58am
I think Gaybama will get his appeal to the Supreme Court, where Roberts will spit-shine Obama’s shoes, Kagen will swoon, and Sotomayor will say “What does this mean? Okay. Mr president, whatever you say.”

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jrcess
Posted on January 25, 2013 at 11:56am
Obama constantly tromps all over the constitution. He has no ethics.

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ColoradoMaverick
Posted on January 25, 2013 at 11:55am
Which ones?? How about all of them?

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OldSurfRat
Posted on January 25, 2013 at 11:54am
I’m still looking for something I did not know.
Can somebody please help? I have a flat tire!!!!

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BODYBAG
Posted on January 25, 2013 at 11:54am
All together now ——- with your blindfold in place throw a dart at the wall.

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perry1980
Posted on January 25, 2013 at 11:53am
The most crooked administration in the history of America and we get 4 more years of it. woo hoo

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AvengerK
Posted on January 25, 2013 at 11:53am
Gosh what a shock! Obama the lefty, affirmative-action, know-nothing constitutional law professor spat on the constitution.
Now let’s see Cordray get his marching orders.

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Stelex
Posted on January 25, 2013 at 11:51am
Well isn’t this a fly in the ointment, must have fallen off his face.

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taintso
Posted on January 25, 2013 at 11:48am
Why doesn’t our spineless Congress impeach the traitor?

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- Cavallo
  Posted on January 25, 2013 at 12:00pm
  Because there is a snowballs chance in hell of the Senate ever convicting. It would be a political PR nightmare as the MSM then concocts stories of racism in the House. Have you not seen how they fall all over themselves like 13 year old girls at a Beiber concert? So, no chance of any real effect, but a real chance of a PR nightmare.. so they don’t bother. There are other ways to hobble the would-be king than articles of impeachment. Namely, they hold the power of the purse. They can refuse to fund any acts by the NLRB, or their salaries.
  
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- 13th Imam
  Posted on January 25, 2013 at 12:06pm
  Senate DEMOCRATS will never, never, never impeach The One.
  
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13th Imam
Posted on January 25, 2013 at 11:45am
These three wise men will be sleeping with the fishes. But first, three horses will lose their heads.

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00100111
Posted on January 25, 2013 at 11:45am
So he’ll be headed to holding cell pending his trial, yes?

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justangry
Posted on January 25, 2013 at 11:45am
He’ll just appeal it like he did indefinite detention.

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diverdan
Posted on January 25, 2013 at 11:44am
Does anyone believe the Obama Administration will obey the Court order???

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- Circle_Jerk
  Posted on January 25, 2013 at 8:58pm
  That’s the problem. No one has stood up and held these people accountable. I’m so sick of this …where are the GOP’s “set”?
  
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term limits for congress
Posted on January 25, 2013 at 11:44am
Constitution? What’s that?

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RANGER1965
Posted on January 25, 2013 at 11:44am
I hope this small victory is like a crack in the dam.

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RodT82721
Posted on January 25, 2013 at 11:43am
So what is the penalty for not following our Constitution? Well if recent history is any example it’s a $7 Million family vacation, on the tax payers, in paradise.

Will the messiah be made to say 10 hail Mary’s and forgoe his Kobe steak tonight? Or will Barry and his Marxist staff, sit around and laugh about this court’s feeble decision?

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Cavallo
Posted on January 25, 2013 at 11:40am
Haha!.. that means any ruling the NLRB made during that time are null and void!

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- Plutos_Pal
  Posted on January 25, 2013 at 11:47am
  I wouldn’t laugh yet. The SCOTUS will probably back him up just like they did with ObamaCare.
  
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- huey6367
  Posted on January 25, 2013 at 11:48am
  This is true. It didn’t come to mind when I read the story.
  
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- Shasta
  Posted on January 25, 2013 at 1:01pm
  Roberts is a coward and will cave. I predict a 5-4 vote making O’s appointments constitutional.
  
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kaydeebeau
Posted on January 25, 2013 at 11:40am
It would be a shorter list to say which things has he done that are Constitutional – could be listed on a tiny post-it note – come to think of it – I can’t think of anything that he has done that is Constitutional – can someone help me out with this one?

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- huey6367
  Posted on January 25, 2013 at 11:50am
  You have a lot of extra space on the post-it note.
  
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- Frank Campagna
  Posted on February 4, 2013 at 12:04pm
  Barry think the constitution is fundamentally flawed even though he he swore to protect and uphold the Constitution. He thinks he some kind of dictator and he can do what ever he wants. for instants cover up the Fast and Furious debacle with executive privilege to save the Attorney generals job.
  
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banjarmon
Posted on January 25, 2013 at 11:39am
BHO is a walking violation of the Constitution!!!

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KeithOlberdink
Posted on January 25, 2013 at 11:39am
Eat it!! Obozo!

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