The ease in which the expansion, not only of the power of the Presidency but also the Federal Government has taken place is a clear indicator that the Constitution IS "screwed up".Right there is the Problem with your reasoning. You say the Constitution is screwed up. Like most Progressives and Liberals do. Moreover while you try and blame Republicans for Democrats voting against Obama. Perhaps you should read up on history before accusing Republicans of deliberately sabotaging the Country and blaming those who stood for the Rights of Blacks and Women!
Course then you shouldn't be so upset when the Chief Justice Stood Upon Constitutional Law.....evidenced.
The White House had no immediate comment, but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.
"With this ruling, the D.C. Circuit has soundly rejected the Obama administration's flimsy interpretation of the law, and will go a long way toward restoring the constitutional separation of powers," said Sen. Orrin Hatch, R-Utah.
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.
Obama made the recess appointments on Jan. 4, 2012, after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.
But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called "pro forma" sessions.
"Either the Senate is in session, or it is in recess," Chief Judge David Sentelle wrote in the 46-page ruling. "If it has broken for three days within an ongoing session, it is not in "the Recess" described in the Constitution."
Simply taking a break of an evening or a weekend during a regular working session cannot count, he said. Sentelle said that otherwise "the president could make appointments any time the Senate so much as broke for lunch."
The judge rejected arguments from the Justice Department's Office of Legal Counsel, which claimed the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.
"Allowing the president to define the scope of his own appointment power would eviscerate the Constitution's separation of powers," Sentelle wrote.....snip~
Court: Obama appointments are unconstitutional - Yahoo! News
D.C. Circuit.....and as the Chief Justice Pointed out. Allowing the President to define the scope of his own appointment power would eviscerate the Constitution's separation of Powers.
Of course that Counsel for the President from the Justice Dept tried to argue that the President has discretion to decide that the Senate was unable to perform its advice and consent function.
Nothing like Obama trying to get round that Constitution with playing Partisan Politics.....while trying to expand the Powers of the Presidency.