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The Constitution & The Judicial Branch Discuss Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional at the Political Forums; Yes jerk off the law does apply to you! Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional President Barack Obama ...

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Old 01-25-2013, 11:27 AM
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Default Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

Yes jerk off the law does apply to you!

Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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President Barack Obama just suffered a humiliating defeat in federal court. A top federal appeals court has removed three presidential appointees from power, and invalidated all actions they’ve taken over the past twelve months.
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Old 01-25-2013, 11:29 AM
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Default Court: Obama appointments to labor panel are unconstitutional

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A federal appeals court ruled Friday that President Obama violated the Constitution when he sidestepped the Senate to fill open spots on a labor relations panel.

In December, Senate Republicans forced a courtroom showdown with the president after they said he didn’t have the power to make three appointments to the National Labor Relations Board.

Attorneys for the Obama administration argued that he had the authority because the Senate was in recess. The case is a test of the White House’s authority to bypass Congress’ power to block nominations. Recess appointments have a shelf-life of two years.

“Considering the text, history and structure of the Constitution, these appointments were invalid from their inception,” a panel said.

The ruling is an embarrassing blow to the Obama administration and could call into question his recess appointment of Richard Cordray as head of the Consumer Financial Protection Bureau.

White House attorneys are 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.

Read more: Court: Obama appointments to labor panel are unconstitutional | Fox News
I hate that it takes so long to come to the common sense conclusion. obama violated the law and in so doing should be held in contempt of congress.

Hopefully the Supreme Court will see that obama violated the law also, but with Roberts on the court now it is hard to tell.
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Old 01-25-2013, 11:32 AM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

Can't he just, you know, "stroke of the pen, law of the land" what he did?
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Old 01-25-2013, 11:40 AM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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Merged alike threads...

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Old 01-25-2013, 11:41 AM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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He beat me to it by two minutes.
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Old 01-25-2013, 12:17 PM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

I thought I was going bat sh*t crazy! I knew I made a thread about this.
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Old 01-25-2013, 12:28 PM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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I thought I was going bat sh*t crazy! I knew I made a thread about this.
Can't it be both?...
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Old 01-25-2013, 12:32 PM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

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Can't it be both?...
LOL, I guess it is both!
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Old 01-25-2013, 12:39 PM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

Actually this will probably go to the SCOTUS as Bush also made an appointed of a judge using one of these short recesses and that court ruled in his favor. So two different courts with conflicting ruling on basically the same grounds. So don't celebrate yet as another set back for Obama as this will go further.
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Old 01-25-2013, 01:05 PM
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Default Re: Major Court Defeat for Obama: 'Recess' Appointments Unconstitutional

I don't see this as much of a big deal. I pay about zero attention to who is on the labor relations board and I doubt anyone here could tell me who held that position last without looking it up.

The other thing is that this was done because of the lack of action in a congress that is celebrating the lowest poll numbers in their history as worst congress ever. So I will wait until they sort it out and ya know what? I still won't give a rats ass who is head of the labor relations board.
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