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Court: Obama Appointments are UNCONSTITUTIONAL.....

MMC

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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!

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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?
thumbsup.gif
 
... 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.
 
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.
 
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.
 
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!

yes.gif
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?
thumbsup.gif

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/20...-withdrawn-as-political-fallout-persists.html
 
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.
 
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?
rolleyes.png
 
Looks like you missed the part in the OP about both parties doing such....huh? But how was Obama not circumventing it?
rolleyes.png

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.
 
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?
rolleyes.png


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

The President shall have power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

^^Article II, Section 2 of that peskie little Constitution of the United States of America. And even then, the recess appointment must be approved by the Senate before the end of session or the position becomes vacant again.

That's why Presidents must give-and-take on some issues. Obama's not done much giving. Karma's a bitch.
 
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?
rolleyes.png


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

like i have said in other places those who created the constitution never saw the treasonous republican party of the present day who wish to destroy the country because they do not like the black president. This is why they need a procedure that allows them the ability to approve appointments without the ability to sabotage the government. These are not bills or laws that the country can operate without, these are positions which need to be filled.
 
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.

Looks like this was an Appeals Court that agree with the Republicans. Course while you talk about those who hate American blaming Republicans there are many talking about those who are selling the country out because they don't want to work hard to get what they want in life. Essentially blaming Democrats for being the true traitors to the country. I sure hope they aren't Right!

But then you forgot the Democratically controlled Senate led by Good Ole Useless Harry Reid and a Democratically Controlled White House. That good 2/3rds of government.
Must be why the Democrats never passed a Budget put forth by Obama huh? Bet that was the Republicans fault too. :lamo
 
Good impeach him now before he believes he is the reincarnation of Stalin.

They really need to impeach this bastard and this is just another opportunity republicans will scoff on.

It's amazing how passive republicans are when it comes to impeaching tyrants.
 
^^Article II, Section 2 of that peskie little Constitution of the United States of America. And even then, the recess appointment must be approved by the Senate before the end of session or the position becomes vacant again.

That's why Presidents must give-and-take on some issues. Obama's not done much giving. Karma's a bitch.

Actually, it is not for the senate to pick their choice. I am not sure how you came to that conclusion, but it is clear that the president makes appointments and the senate has to approve one of them. this whole idea the senate can sit there blocking every presidential appointment in their hissy fits is dysfunctional and is undermining the country. I agree this present law is how it was written, and clearly the tards who wrote these sections of the constitution did not have to fear the present racism of congressional republicans as they never would have allowed a black slave president to begin with, but the solution is easy. have the president present them with nominations, let the senate choose one of them, and make sure the job that needs to get done gets done. It maintains their power to approve while guaranteeing the approval happens. No more of this not getting anything done because of their bigotry, or for whatever future reasons they decide to pull this crap.
 
Actually, it is not for the senate to pick their choice. I am not sure how you came to that conclusion, but it is clear that the president makes appointments and the senate has to approve one of them. this whole idea the senate can sit there blocking every presidential appointment in their hissy fits is dysfunctional and is undermining the country. I agree this present law is how it was written, and clearly the tards who wrote these sections of the constitution did not have to fear the present racism of congressional republicans as they never would have allowed a black slave president to begin with, but the solution is easy. have the president present them with nominations, let the senate choose one of them, and make sure the job that needs to get done gets done. It maintains their power to approve while guaranteeing the approval happens. No more of this not getting anything done because of their bigotry, or for whatever future reasons they decide to pull this crap.

Okay, Senate, take your pick: Moe, Larry or Curly?
 
Actually, it is not for the senate to pick their choice. I am not sure how you came to that conclusion, but it is clear that the president makes appointments and the senate has to approve one of them. this whole idea the senate can sit there blocking every presidential appointment in their hissy fits is dysfunctional and is undermining the country. I agree this present law is how it was written, and clearly the tards who wrote these sections of the constitution did not have to fear the present racism of congressional republicans as they never would have allowed a black slave president to begin with, but the solution is easy. have the president present them with nominations, let the senate choose one of them, and make sure the job that needs to get done gets done. It maintains their power to approve while guaranteeing the approval happens. No more of this not getting anything done because of their bigotry, or for whatever future reasons they decide to pull this crap.

The Senate doesn't have to approve appointments.

If the congress chooses to do so they can override all executive and executive decisions with 3/5ths of the vote in congress.
 
Looks like this was an Appeals Court that agree with the Republicans.

I did not say they were wrong, just that the constitution is screwed up like normal. A job needs to get done, and like always part of congress cannot get their asses in gear and do their jobs. yes, it is their job to approve someone, but this allowing them to get away with avoiding that approval is screwed up. this is why the process needs to be changed so that they can no longer undermine the operation of america because of their bigotry.
Course while you talk about those who hate American blaming Republicans there are many talking about those who are selling the country out because they don't want to work hard to get what they want in life. Essentially blaming Democrats for being the true traitors to the country. I sure hope they aren't Right!

really, that was terrible. this is the reps deliberately sabotaging the country because they don't like that black people are allowed to be anything other than slaves. If we had some sort of terrorist attack that prevented the operaion of the government as they have we would be torturing and killing people. but you are all for sabotaging america as long as it is done by a republican. nice attitude.
But then you forgot the Democratically controlled Senate led by Good Ole Useless Harry Reid and a Democratically Controlled White House. That good 2/3rds of government.
Must be why the Democrats never passed a Budget put forth by Obama huh? Bet that was the Republicans fault too. :lamo

Yes, it is the reps fault, and they are proud as hell about it. they stopped the evil black president.

but it is good that we can see your real motives. As a constitutionalist you would obviously support the slavery, racism, sexism, and preference towards rich white elite lawyers that was enshrined in it. Some of us recognize the flaws of the people who wrote the thing, the fact it is not some divine and perfect document, and the fact it needs to be changed. remember i am not the one bragging about supporting the constitution despite many of it's clear flaws. You claimed you liked what it was about, and agreed with it's overwhelming flaws and the fact it has always worked for the power structure of white men as it was written to do.
 
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!

yes.gif
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?
thumbsup.gif

Obama doesn't need to cover anything up or deflect it...he just has to ignore this ruling as he has done before when court decisions didn't go his way.
 
Okay, Senate, take your pick: Moe, Larry or Curly?

Yeah, someone has to be picked and no choice should not be an option. You seem to recognize the approval of the senate while failing to recognize the president is the one who gets to nominate. So they do not get to chose who is nominated.

but since you do support this can you please explain to all of us how failing to approve people for necessary positions in government is good for the country. Do you think it is a great thing that necessary parts of our government go unfilled simply because the senate doesn't want to approve anyone at all. Friggen obama could nominate the christian god himself and he would still have trouble because it was Obama that suggested it. this has never been about the ability of any of these people to do a job, it is about republicans doing everything in their power to fail the country because they want to blame it on the black guy. The fact they have the power to avoid doing their job is a huge flaw in the constitution.
 
Obama doesn't need to cover anything up or deflect it...he just has to ignore this ruling as he has done before when court decisions didn't go his way.

it is about the only thing you can do when a bunch of toddlers pitch a hissy. When your two year old decides to stop everything because they want to pitch a fit you don't allow them to. republicans want to act like two year olds and break the country because they cannot deal with a black president and his choices then he should deal with them in the fashion that they act and get the job done.
 
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.

Be that as it may, the Senate was not in recess when Obama made those appointments, because Harry Reid was holding pro-forma sessions to keep the Senate out of recess. Therefore, those appointments ARE unconstitutional. This decision is being appealed by the Obama administration, and is going to the Supreme Court on a fast track. I expect SCOTUS to uphold it. Want to put the blame on somebody? Blame Harry Reid.
 
Yeah, someone has to be picked and no choice should not be an option. You seem to recognize the approval of the senate while failing to recognize the president is the one who gets to nominate. So they do not get to chose who is nominated.

but since you do support this can you please explain to all of us how failing to approve people for necessary positions in government is good for the country. Do you think it is a great thing that necessary parts of our government go unfilled simply because the senate doesn't want to approve anyone at all. Friggen obama could nominate the christian god himself and he would still have trouble because it was Obama that suggested it. this has never been about the ability of any of these people to do a job, it is about republicans doing everything in their power to fail the country because they want to blame it on the black guy. The fact they have the power to avoid doing their job is a huge flaw in the constitution.

To me, it's all about balance of powers and compromise...something Congress and the White House must have in order for our country to function more smoothly. Right now, Obama's getting some payback, I guess. I'm not familiar enough with his prior nominees and the various hearings on them have gone. It is not in the best interests of the President of the United States to take hard lines are every turn. And on important issues during Obama's term? That's exactly what's happened.

Just because a particular president can't get his nominees approved is not adequate reason to amend the Constitution, in my opinion. Obama is reaping some of which he's sown. The Sotomayor confirmation is evidence enough that "the system" works.
 
it is about the only thing you can do when a bunch of toddlers pitch a hissy. When your two year old decides to stop everything because they want to pitch a fit you don't allow them to. republicans want to act like two year olds and break the country because they cannot deal with a black president and his choices then he should deal with them in the fashion that they act and get the job done.

We have to stick with the process. Our system worked. I don't see this as the Republican's breaking the country. They are enforcing the rules. Well played.

It seems anytime the Republican's use the rules, Liberals go out of their minds. I don't get it. This is how our system was set up. If you don't like the rules, make an amendment.
 
it is about the only thing you can do when a bunch of toddlers pitch a hissy. When your two year old decides to stop everything because they want to pitch a fit you don't allow them to. republicans want to act like two year olds and break the country because they cannot deal with a black president and his choices then he should deal with them in the fashion that they act and get the job done.

The whole "because he's black" is crap....

It's not because he is black it's because he is an idiot....

If it matters Obamafool is about as black as I am Sicilian, not to mention I would vote for Allen West any day of the week.
 
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