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Thread: Court: Obama Appointments are UNCONSTITUTIONAL.....

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    Court: Obama Appointments are UNCONSTITUTIONAL.....

    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.....snip~

    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.....snip~

    Court: Obama appointments are unconstitutional - Yahoo! News
    Associated Press – 41 mins ago<<<<<More Here!

    A major Defeat and set back for Obama and the Democrats. Obama even appointed a Republican and he stepped down. Associated Press too. Guess there can't be no cover or deflection with it.....huh?

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by MMC View Post
    ... 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.....snip~
    A hopeful sign indeed. I'd like to see that extended to a lot more of the czarist decisions, but I won't hold my breath.
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    I think it shows that the "system" works. I think that is good news that we are still under some degree of rule of law.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Diogenes View Post
    A hopeful sign indeed. I'd like to see that extended to a lot more of the czarist decisions, but I won't hold my breath.
    I think he will have the same ruling for the Consumer Financial Protection Bureau too. This will hurt come Election time also with the Demos going after Teachers and City workers Pension Reform. Which they have going on in a few states now.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by MMC View Post
    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.....snip~

    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.....snip~

    Court: Obama appointments are unconstitutional - Yahoo! News
    Associated Press – 41 mins ago<<<<<More Here!

    A major Defeat and set back for Obama and the Democrats. Obama even appointed a Republican and he stepped down. Associated Press too. Guess there can't be no cover or deflection with it.....huh?
    Wow. It will be interesting to see what SCOTUS has to say about this. One particular far-reaching decision I recall was their treatment of Boeing's decision to open a plant in South Carolina...

    Ooops! Just Googled that for more information and see that the NLRB withdrew its complaint. That's good news. I wonder if someone stuck a finger in the air to find out which way the wind was blowing and fell over.

    Dec. 9 (Bloomberg) -- The National Labor Relations Board withdrew its complaint against Boeing Co. over the opening of a 787 Dreamliner plant in South Carolina, ending a case that exacerbated business-government tensions.
    http://www.businessweek.com/news/201...-persists.html
    The devil whispered in my ear, "You cannot withstand the storm." I whispered back, "I am ​the storm."

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Funny how all the supposed supporters of strict constitutionalism are backing the GOP in their blatant attempt to circumvent the constitution.

    I'm glad a president stepped up to try and end this obstructionist practice. (Which both parties engage in) I hope the appointments are upheld on appeal.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Deuce View Post
    Funny how all the supposed supporters of strict constitutionalism are backing the GOP in their blatant attempt to circumvent the constitution.

    I'm glad a president stepped up to try and end this obstructionist practice. (Which both parties engage in) I hope the appointments are upheld on appeal.
    Looks like you missed the part in the OP about both parties doing such....huh? But how was Obama not circumventing it?

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by MMC View Post
    Looks like you missed the part in the OP about both parties doing such....huh? But how was Obama not circumventing it?
    Recess appointments are a power expressly granted to the president by the US Constitution. The GOP was trying to block this via fake sessions in which absolutely no business occurrs.

    Trying to block an express presidential power on a technicality is not something any "constitutionalist" would support. Technically speaking the constitution doesn't protect your right to carry guns. It says "arms," and barring injury or genetic abnormality you have two of them attached to your shoulders.

    You see why theres that whole interpretation thing.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Deuce View Post
    Recess appointments are a power expressly granted to the president by the US Constitution. The GOP was trying to block this via fake sessions in which absolutely no business occurrs.

    Trying to block an express presidential power on a technicality is not something any "constitutionalist" would support. Technically speaking the constitution doesn't protect your right to carry guns. It says "arms," and barring injury or genetic abnormality you have two of them attached to your shoulders.

    You see why theres that whole interpretation thing.

    Yeah that's why they defined it as standing on the Law. Which is why Obama being a Constitutional Attorney figured he could skate on by with it.

    Course as a Constitutionalist.....I would be more interested in making sure a President doesn't bypass the Senate, huh?

    a decision that would effectively curtail a president's ability to bypass the Senate to fill administration vacancies.....snip~

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Presently the republicans in congress are voluntarily dysfunctional. They don't care about who obama appoints, they just want to do everything in their power to stop the operation of the government in order to pretend it is the fault of the president. It looks like it is true Obama overstepped his power in this case, but a job needed to be done and he did it despite the hissy fit congressional republicans are throwing. Sure, the president should face whatever penalties come from such an overstep, but almost the entirety of the republican congress should all face treason charges for their attempts to sabotage the country and make it fail because they don't like the president.

    Considering the recent fit of the reps, and what it has done to damage this country by deliberately undermining it I think we certainly need some new rules regarding appointments. We should end the ability for a party to keep necessary positions vacant like this because they hate america. The best solution i see is to have the president nominate at least 3 choices and then have congress forced to pick one of them. That would end this whole thing, allow congress to do their job and approve appointments without allowing them to tank the government for fun and profit.

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