Obama Rebuked – DC Circuit Court Rules NLRB “Recess Appointments” Unconstitutional….

updateUPDATE:   NLRB responds by telling the court they will ignore their decision.

Mark Gaston Pearce, chairman of the National Labor Relations Board, issued the following statement in reaction to today’s DC Appeals Court decision that President Obama use of recess appointments to install three people on the NLRB last year was unconstitutional. The action renders the board without a quorum to act and potentially invalidates a year’s worth of actions and rulings by it. [...]

Pearce, in short, is indicating that the NLRB’s strategy is to act as if the court’s ruling that the appointments were unconstitutional somehow only applies only to the particular case that went before the Appeals Court and hope that the White House can get the Supreme Court to quickly review the case.  (link)

Finally, a court steps in to bring Dictator Obama back a notch or two.   President Obama is by far the most overreaching chief executive we have ever encountered.

facepalm-ObamaWASHINGTON DC - In an embarrassing setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that would severely curtail the president’s ability to bypass the Senate to fill administration vacancies.

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session – and not in recess – at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.

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. (full story with White House response)

United-States-Branches-of-Government

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46 Responses to Obama Rebuked – DC Circuit Court Rules NLRB “Recess Appointments” Unconstitutional….

  1. maggiemoowho says:

    Thank you, the recess thing confused me. I thought they were in recess.

    • maggiemoowho says:

      Jay Carney pretty much said that they don’t agree with the court and aren’t going to change anything. I might be far reaching here, but is that not what the Egyptian President is doing. He has made himself above all courts. What he says goes. Can Obama due that,

      • howie says:

        Now this is getting over the edge. He did it. The only way to stop Obama is to stop Obama. So who is going to? The GOP? Justice Robert’s?

        • canadacan says:

          Obama’s whole attitude is so what you gonna do about it. So go do me something

        • yadent says:

          Can’t the House defund these boards until they are made ‘legal’??

        • Sharon says:

          No one presently in authority as a result of holding elective office is going to stop him. Those who have authority within the Judicial system are not going to stop him.

          Those who have both the authority and the responsibility to stop him, in the name of our Constitution, do not care to stop him.

          Why? That’s an entirely different conversation. There are probably as many reasons as there are groups or individuals involved.

          Overall, for whatever reason, they are going to let him continue. Since he does not hold himself accountable, and those who should hold him accountable will not, he is without accountability.

          He has done many, many illegal things since he began to rule. This should be particularly horrifying when you realize that Adolph Hitler never did anything illegal (under current conditions) during his time in power in Germany. Neither did he ever speak openly against the churches of Germany or against Christians. We are on far more bitter ground than Germany was on in the 30s.

          I’m not saying obama is Hitler. If only. Hitler scrupulously observed the rules in place in Germany at the time he was elected Chancellor in January, 1933. When the German Parliament building was set ablaze on February 27, Hitler went to 85 year old President Hindenburg and got him to sign the Reichstag Fire Edict,

          a decree officially suspending those sections of the German constitution that guaranteed individual liberties and civil rights. (Bonhoeffer, Metaxas)

          So the Constitution was suspended, all nice and legal.

          President Hindenburg was deeply loved by the German people. After his death in August of 1934, while the officer corps of the German military was still shocked and grieving, Hitler called them together at

          the Konigsplatz where, by flickering torchlight, they renewed their oath of allegiance. But when their hands were raised, they found themselves swearing an oath that was not what they had expected: It was not an oath to the German constitution or to the German nation, but to the fellow with the mustache. (Metaxas)

          So the military no longer served the German nation, but Hitler–personally. All nice and legal.

          The oath they swore that day included this line,

          “I swear by God this sacred oath that I will render unconditional obedience to Adolph Hitler…”

          Many of the Generals present that day were horrified. Some resigned over the following months and years. Some became part of the plots to assassinate Hitler.

          In all of these things, Hitler crossed every t and dotted every i. He always had the necessary agreement or documented acquiescence of the political, military and church groups.

          Hitler would envy obama the boldness and lawlessness that he has pursued and by which he has been able to openly implement fundamental changes to America without serious consequences to himself or his handlers.

          So–definitely–obama is not Adolph Hitler. Not by a long shot.

      • ctdar says:

        No, now congress can/should act; as Obama is breaking his oath to uphold the Constitution he was sworn to do.

  2. Sharon says:

    “In an embarrassing setback for President Barack Obama…”

    Really? I’d like to see some evidence that they’re embarrassed. That would be interesting.

  3. Paige Cohen says:

    Labor board vows to press ahead despite ruling

    “The Board respectfully disagrees with today’s decision and believes that the president’s position in the matter will ultimately be upheld,” NLRB Chairman Mark Gaston Pearce said late Friday in a statement. “In the meantime, the board has important work to do. The parties who come to us seek and expect careful consideration and resolution of their cases, and for that reason, we will continue to perform our statutory duties and issue decisions.”

    http://www.washingtontimes.com/news/2013/jan/25/decision-casts-heavy-shadow-over-nlrb-authority/

  4. howie says:

    Gasto Pearce should be held in contempt and jailed immediately. You are not sposed to act like a Federal Appeals Court is just kidding. The judge should send the Marshal’s to round him up.

    • canadacan says:

      Yeah I would love to see the fireworks at the White House when the word came that Pearse. Had been arrested. I guess it would have to be federal marshals we couldnt make a citizen’s arrest.
      Citizens arrest by the treppers. We would be on the news either that or the White House dungeon

  5. akathesob says:

    Hey why the surprise? I mean really Chicago Jesus and Company have ignored every other law of this land…

  6. pbunyan says:

    As far as Obama’s concerned, court system, schmourt system. They’ve obviously got something on Roberts so this will be overturned. We are no longer a nation of laws.

    • ctdar says:

      I think Obama/Dems do have something on Roberts & i remember reading somthing that it could be regarding his children (they are adopted and issue could be their paperwork), however there were rumours that he was going to step down for personal or health reasons….
      Still can’t wrap my head around his (sole with not the usual just 1 but 2 dissenting judges) obamacare decision & calling it a tax when NO ONE had mentioned that previously. Definately have dirt on him that would affect his family or career.
      :evil:

  7. sundance says:

    Jay Carney tries to obfuscate.

  8. sundance says:

    Then Jay Carney flat out lies.

    George Bush never, not once, used recess appointments to get around Pro-forma legislative sessions. Harry Reid created the pro-forma session model to keep congress in session. George Bush respected that rule and never violated it.

    In addition, the people that Obama appointed were never even NOMINATED. President Obama never even attempted to get his selectees through the confirmation process, he intentionally subverted it. MASSIVE DIFFERENCE.

    • ctdar says:

      Both Senate & House have to declare themselves to be in recess at same time, the President/Executive Branch CAN NOT declare a recess or in essence override another Branch of the Government.
      God bless the Framers of the Constitution and the United States of America!!

  9. The farther out on the Constitutional limb this boy crawls,
    the easier it will be to saw it off.
    I knew my legal limits; this carpetbagger hasn’t a clue.
    His advisers are going to get him 86’d, if they don’t stop.

  10. Sharon says:

    Mark Levin’s group in the middle of this one.  Excellent.

    In an amicus brief submitted to the court, Mark Levin’s Landmark Legal Foundation argued that because the Constitution gives the House and Senate sole power to set their own rules of proceedings, Obama has no power to say when the Senate is in or out of session.

    “The President improperly arrogated to himself the power to declare the constitutional significance of the Senate’s proceedings, notwithstanding the prerogative to make its own rules,” Landmark told the court.

    http://cnsnews.com/news/article/court-obama-what-part-do-you-not-understand

  11. Josh says:

    UPDATE: NLRB responds by telling the court they will ignore their decision.
    Finally! Some honesty out of this administration!

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