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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)

Pajaken
Posted on January 25, 2013 at 2:08pm
President Obama is trying very hard to try and shut down the conservatives from anywhere being able to thwart his will. This man believes he is entitled to be king and rule by decree. He only knows he has three years left to put himself and Soros into their New World Order along with the Money people who are ruling most of the world now. It goes back to the past several century’s of the Rothchilds, Bilderburg group, and who knows how many behind the scene groups and those who financed Hitler and the rest of them trying to control the worlds financial systems. They have been doing it from behind the scenes for hundreds of years now and they finally see their opportunity to run things openly and wipe out most of the working world populations and have their slave population to run things for them so they can live their lives of luxury away from the need to do anything except live. When most of our population is dependent on government for their subsistence, it is time to kick all politicians out and start over with help for the truly needy and good people who come to government to fulfill and purpose and then go back to what they did before. No more lifetime politicians who provide perks for themselves and their friends and the hell with the rest of us. Term limits and no pensions for anyone. Government salaries commensurate with private jobs of the same description. No more king sized salaries or pensions. The free ride is over. Budgets must be upheld.

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zoro51
Posted on January 25, 2013 at 2:05pm
abuse of power.. IMPEACH lieing to the nation.. IMPEACH hating americans RAPING OUR FREEDOMS.. hatered of american oil companies n cola IMPEACH… IMPEACH THE PSUDEO DICTATOR NOW THROW HIM OUT OF THE USA IMPEACH N BE DONE WIHT THE LEFT

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Bryansblog
Posted on January 25, 2013 at 1:56pm
WHAT’S UP WITH THE BLAZE.? Dumbass headlines with question marks and I liked to share the Blaze stories but I will not do it again as long as there are ads that are in place of the thumbnail pictures! Sorry, I hope they get their act together.For me they were one of the better sources for news on line…….

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djay110
Posted on January 25, 2013 at 1:55pm
So then why are we not seeing anything about Impeachment from our reps?? Have the Dems, told them to go along to get along or their would be martial law because of the lefts backlash if it were to be tried ?? Call you congressman and demand they do what is required of them or they will be removed !!!!!

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Jim in Houston
Posted on January 25, 2013 at 1:47pm
It should have been every damned one of his worthless decisions!

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snog
Posted on January 25, 2013 at 1:21pm
Obama is a stan-in president.

The “Firm” runs Obama therefor he has to wait sometimes days, before we hear an answer.

The “Firm” being the operatives, who found Obama, killed off his oppositions, polished him up with lessons, had him vote present on votes, became the money managers, hid most of his background, coached him and wrapped him in a pretty package that sold him to the people.

In return, Obama can play with the toys, meet every sports team he desires, travel to get away for his smokes from Michelle, and be a celebrity .

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toledofan
Posted on January 25, 2013 at 1:20pm
Oops, my bad. It’s about time that someone, at least, challenged the guy in court. It just goes to show how weak and biased the Senate is. Whatever their salary was or is should come directly out of Obamas pocket; his mistake, he should pay the price.

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snog
Posted on January 25, 2013 at 1:10pm
The House can only Impeach.

The Senate is the Jury, so Harry would not let the Senate find Obama guilty.

It’s WHY we need to take the Senate back into the GOP in 2014.

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UnreconstructedLibertarian
Posted on January 25, 2013 at 1:00pm
Interestingly, the Confederate Constitution of 1861 placed a severe limitation on recess appointments.

The President could make recess appointments, but those appointments had to be approved by the Senate when reconvened, making those appointments temporary until approved by the full Senate. If someone had been rejected by the Senate, the executive office could not side-step them by making a permanent recess appointment. All appointments were ultimately approved by the Senate as soon as possible. Article 2 Section 2-4

So, even the loophole overshot in the article wouldn’t be an argument.

But you go on believing the first big rip was only about slavery or that southern political thought has been nothing but backward.

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DrMorgellon
Posted on January 25, 2013 at 12:52pm
He has used the Constitution like a roll of toilet paper so far yes, But!… Who cares! Stop blaming him!

Have you ever been to a casino? Any casino? if you go, ask to speak to the GM, that is the biggest fish in the place, you think he owns it? runs it? makes decisions about it? HELL NO!!!!

Hes just a front man, and you people are duped and buy into it like sheep! Wake up!

And who even cares about politics or policy at this point? There is an alien war going on over our heads every day! A hologram covers our sky and shows us fake blue! A giant brown dwarf with planets spinning around it are coming here to kick the crap out of all the corrupt elites toying with our lives.

Forget the UN… There is a Interplanetary code we all live by and all these world rulers stand in violation of space law.

I don’t know who posted this video, and I checked the dates this man mentioned

12 Baktun and 13 ahau = July 14th 2013!!!!!! Go look for yourself, go research it for yourself.

I always say in my posts,..” I do NOT speak without knowing”. I feel half, or false information is very dangerous and I will NEVER post here in this forum without full substantiated knowledge first hand and 100% facts of the matters at hand. Enjoy this link….

http://youtu.be/hnlZ5bOldEo

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jackact
Posted on January 25, 2013 at 12:46pm
But Obama is a union worshipping pig.
Just like Cuomo.
Favors are owed.
That’s what elections are all about.

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American_Made
Posted on January 25, 2013 at 12:38pm
The fly president is also the lie president who thinks anything he does is constitutional. Of course when this hits the supremes they will overrule the lower court just as they did on obastard care. The whole government system is corrupt and needs to be flushed as Jefferson stated.

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MrKnowItAll
Posted on January 25, 2013 at 12:36pm
AS My Country Slides into the Valley of Darkness. I Stand Fast in Lord Jesus Christ.Amen!

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Chuck7884
Posted on January 25, 2013 at 12:32pm
This going to come out as Constitutional law versus Federal law. does he have the power to appoint a cabinet member via Constitution or not. remember the Constitution is the Highest law in the land.

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Vanguard
Posted on January 25, 2013 at 12:31pm
The purpose of this excercise is to hold your government accountable for all acts which they may deem “criminal”.

It is your right to a Government job. If you are declined, you have a right to know “WHY” as long as you are a citizen of the US. If the Government refuses to “acknowledge” why you did not get the job, you have every reason to ask why and that includes any F B I, T S A, or any other H o lder run Government agency that may be involved.

Start here and get employed. If you are not given a reason in two weeks, please follow up and ask “why”? You have a right to know!

http://www.findtherightjob.com/?campaign_id=13550559&gclid=COvxxOWBhLUCFcyf4AodaQcAYQ

When you don’t get an answer from your government, there is something wrong. Follow up again, and if there is no answer please go here: http://www.fcc.gov/guides/how-file-foia-request

You deserve an answer as to why you are not allowed to work for a Government that is encroaching on the law abiding citizen.

If you get an answer you do not agree with? Call your congressman or elected official!

Peace Always.

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rochrealtor
Posted on January 25, 2013 at 12:30pm
AMERICA…1, Communists…0

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Bill Wallace
Posted on January 25, 2013 at 12:30pm
This President will be a record setter.

He will hold the record as being the most sued, and least victorious President in the history of the US.

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JohnJoseph
Posted on January 25, 2013 at 12:28pm
These are just a number of decisions President Obama has made that are “unconstitutional”. The sad fact is that while the courts are waiting to review all his decisions – he is leading this country downhill (unconstitutionally) and it might take years before his decisions are reversed by the courts.

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MiCurmudgeon
Posted on January 25, 2013 at 12:25pm
And he taught Constitutional Law . One more proof of how unqualified he is for the job that we need filled with a leader not a politician.

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common cents
Posted on January 25, 2013 at 12:20pm
If and when we get Obama’s eligibility issues (not a natural born citizen) into court, all of his signed work as president , health care act, etc etc… will also be nullified and rendered “null and void” set aside as if “it never happened”

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kat747
Posted on January 25, 2013 at 12:20pm
Can you just imagine all the Executive Orders that will have to be unsigned when the Supreme Court hands down the ruling that Barry’s (birth certificate) Hawaiian information sheet is not a valid proof of natural born citizenship.
That piece of doctored information would NOT have gotten you thru the Div of Motor Vehicles in this State !
And by the way, where is his driver’s license ? Would the Democratic Nominating Committee try to come up with one for Barry ? He did own a car at one point in his life.

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bioengineer
Posted on January 25, 2013 at 12:15pm
Obamacare was declared unconstitutional as well until Bush-appointed Justice Roberts got his hands on it. So all the unconstitutional things that matter we lose on, but perhaps we’ll get a victory on the definition of “recess”? Hooray, break out the champagne. Oh but wait, we can’t afford any.

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lel2007
Posted on January 25, 2013 at 12:14pm
So WHEN do things start happening as a result of this ruling? After obama’s appeal ?

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- bioengineer
  Posted on January 25, 2013 at 12:17pm
  This ruling is by a lower court. Next step supreme court, fingers crossed! And even if SCOTUS rules correctly on this one, it only means those appointments to this one committee are invalid… whoop tee do.
  
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truthnstuff
Posted on January 25, 2013 at 12:14pm
These are not the rulings you are looking for. Pass on, the fuhrer will ignore it.

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NickyLouse
Posted on January 25, 2013 at 12:12pm
Whe are Scalia, Thomas and Alito going to retire so that I can hire me a few more buddies to help me get things done?

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