High court rejects Obama power move on recess appointments

by Benjamin Goad, The Hill
June 26, 2014

President Obama violated the Constitution when he moved two years ago to fill a series of vacancies on the National Labor Relations Board, the U.S. Supreme Court said Thursday in a ruling setting clear limits to executive power.

The unanimous decision, however, appears narrowly tailored to allow presidents significant discretion to make recess appointments, without Senate confirmation – just not when the chamber says it is in session.

“For purposes of the Recess Appointments Clause, the Senate is in session when it says that it is, provided that, under its own rules, it retains the capacity to transact Senate business,” Justice Stephen Breyer wrote for the court,
For decades, presidents have used recess appointment powers, when the Senate is away to install judges and fill top federal vacancies that ordinarily would be subject to confirmation proceedings.

But with the disputed NLRB appointments, Obama became the first president to appoint nominees, when the Senate was in a “pro-forma” session, when the upper chamber is briefly called to order and adjourned every few days.

10 Comments - what are your thoughts?

  • awegweiser says:

    This bastard court has opened the door for the Congress to manufacture fake recesses.

    1. Timekeeper2 says:

      What? You have to be a troll – or simply cannot grasp the facts.

      The Congress says when it is in recess and when it is NOT. Who the heck else would you like to have the ability to say that?

      Obama broke the law – it was known then – but his radical ideology and desire to be king wouldn’t allow him to admit it. Since then, he’s broken many many laws – and as his buddy reverend Wright once said “the chickens will come home to roost”.

      Vote Right – We need people in office that have American Values, Principles and Traditions. The type that made US the strongest, bravest, most properous nation the world has ever seen.

      Vote for people that have those values. Vote RIGHT!

    2. CTH says:

      What an idiotic obungle butt kisser.

  • savage24 says:

    It is apparent that this Supreme Court could use with a little remedial training on the Constitution of the United States on this issue. Article II, section 2 states ” The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions shall expire at the End of their next Session.” That means the opening has to occur while the Senate is out of session, not positions that were open while they were in session. Political appointments to the courts never serve the country well.

    1. CTH says:

      It sounds more like you need remedial reading classes. Like maybe at the first or second grade level.

    2. Timekeeper2 says:

      I think that the SCOTUS got this correct. It is the Congress that decides when it is in recess – who the heck else should it be? We’d all be better off I think if they were in recess a lot more – but it is certainly within their authority to determine when and if they recess. – and when they are NOT in recess, despite what the pres thinks, he cannot make appointments unless Congress is in recess. IF they are not -He has to confer with Congress – and they must give advice and consent to the appointments. That is Constutional and how it’s been done for a couple centuries.
      Advice and Consent – Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate,…

      1. savage24 says:

        What I’m trying to tell you guys is the Supreme Court allows the president to make appointments when the Senate is in recess and the positions that are filled were open before the Senate went into recess. This was a no brainer for the court, but actually it was an exercise in futility, the Legislative Branch of this government has delegated almost all of it’s authority to the Executive Branch. Read Article II of the Constitution and learn just what authority the president has, than look at what he is doing, that’s called high crimes and misdemeanors.

        1. Timekeeper2 says:

          Ok, but when the positions became open have no bearing on them being “appointed”, instead of confirmed, and while the Congress was in session.

          Congress has NOT delgated anything to this pres. He has Usurped it – and they are doing little to fight for it. But worse yet – is the fact that the real victim of all of this is US, our country, our rights.

          There are many in Congress that will be happy to accept “the gains” made by this corrupt administration and just move on… this is where we are – we NEED people in office that will UNWIND this usurpation of authority, UNWIND the infringement of our rights, REDUCE the SIZE of government – and give back to the states and the people, the power and decisions that are rightfully theirs under the Constitution.

          Do we have people out there willing to do this?

          Do we have a candidate for president willing to use the same tactics the leftwing radicals did – and UNWIND this stuff – and then restore it as it should be?

          Is there anyone you can think of? That has a chance of winning – of running?

          Look at what happened in Mississippi – we have corrupt despicable republicans pandering for democrat votes to win a primary against someone in their own party who happens to be a real conservative.
          Understand what that really means?

          Thad Cochran won the Democrat primary … is what it amounts to… the republicans are no different than the dems… maybe we need an American Party.
          anyway, I’m sure you get it …

          1. awegweiser says:

            The parade of Presidents who have used this goes way back including the sainted Reagan, Clinton and Bush I & II. Now, suddenly, there is a screeching to the Supremes as they have clearly demonstrated Conservative bias and not fair and reasonable judgment. Read some of the crap decisions from Scalia, Roberts and the usually silent dim bulb Thomas.The hate war on Obama continues while little else get done by the worst Congress in our history.

          2. Timekeeper2 says:

            Not a hate war, Obama has usurped power, made unconstitutional decisions, destroyed the coal industry, rammed thru a healthcare fiasco, and on and on…spin somewhere else…

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