According to the Constitution, the president must seek the “advice and consent” of the Senate when filling certain government positions. The president may only bypass this confirmation requirement in those rare cases where a temporary appointment is needed to “fill up all vacancies that may happen during the recess of the Senate.” This is known as the president’s recess appointment power.
In a decision handed down Thursday morning, the U.S. Court of Appeals for the 3rd Circuit ruled that Obama violated the Constitution by making a recess appointment to the National Labor Relations Board in 2010 when the Senate was not actually in recess. In an unprecedented move two years later, when the Senate was holding pro forma sessions for the precise purpose of denying him the lawful ability to make a recess appointment, Obama simply ignored this legal impediment and made four purported recess appointments anyway, including the addition of three members to the NLRB.
In its decision, the 3rd Circuit strongly rejected Obama’s unilateral action. “Nothing in the text of the Clause or the historical record suggests that it is intended to be a type of pressure valve for when the president cannot obtain the Senate‘s consent, whether that be because it has become dysfunctional or because it rejects a president‘s nominations,” the court held. Indeed, the opinion continued, under the government’s interpretation, “If the Senate refused to confirm a president‘s nominees, then the president could circumvent the Senate‘s constitutional role simply by waiting until senators go home for the evening.” So much for the separation of powers.
I am torn on this. Part of the problem was republicans were refusing to put anyone on the labor board in an effort to basically hurt workers rights. If they refuse to decide then I can understand the recess appointments. Not an Obama fan but I can understand why he did this.
Pat
Understand the why thing, but what he did was illegal per the courts. Nothing to be really torn about. I hate drug laws but I’m in no way shape or form torn about them. I will try to get them changes wherever possible, but I’m not going to ignore them.
What workers rights were hurt by the missing wallet vampires? Not trying to be a total ass, just trying to figure out why these people were so important as to require “bending” the law to get appointed.
When there is no one on the board its pretty much impossible for them to hear cases of abuse of labor law. I undertand he should not break the rules but congress should not be stalling either.
Pat
That’s how balance of powers works. Just because one branch doesn’t get their way doesn’t mean they can act illegally. Is Congress just supposed to rubber stamp every part of the process and skirt their duty?
What if it was a Supreme Court decision, and Obama just decides they are taking too long and issues his own ruling? This is all supposed to be a long process so abuses are less likely to happen.
I get what your saying just don’t like one party stonewalling. Elections have consequences and unless they have good reason not to they should approve the picks he made.
Pat
That’s how it’s supposed to work not just be an Obama rubber stamp. Elections do have consequences and that’s why the House is still Republican controlled. What’s the point of voting if Congress is not supposed to do its job? Just let Obama control everything. Guess we don’t need those judges either since he has a habit of ignoring them, too.
They do. Obama is picking far leftists. He’d rather not have an NLRB than have moderates. If he wants to make a recess appointment he can wait until the end of the year, when the Senate adjourns.
His NLRB were going after Boeing for wanting to build a facility in a right to work state. Seems to have a habit in his admin of using what are supposed to be bi partisan agencies to push the liberal communist agenda.
I guess if you have a federal ID badge you can do anything you want.
Seriously, what limit is there on their power. Declare your desert a wet land, ask google for all your email, send in all the TLA agencies if you complain. Armed FDA inspectors, planes buzzing our cities and no explanation, your choices at the airport are irradiation or fondling.
The Law. Fuck that . The Mexicans have proved that if you can get to 15 million you tell the locals to shut up and set the table.
Great I have a cyber stalker. Never said the ends justify the means. I also agree that the law should not be broken. Just frustrated with both sides for stalling.
Pat
uhm, I don’t comment on your posts nearly as much as other people- you are going to hurt Belmont’s feelings. Why call me out as a cyberstalker?
As a LEO, how would you like it if I ignored a restraining order, or even a lawful order from you because I disagreed with it and was waiting for a SCOTUS decision…