Supreme Court: Obama Had No Constitutional Authority for NLRB Recess Appointments

The Obama Administration took another hit Thursday when the Supreme Court unanimously ruled that his NLRB recess appointments were lacking in Constitutional Authority. 

The Court ruled that the recess appointment powers of the President were limited to high level vacant positions and those positions could be filled by the President as temporary appointments. 

The Justices rejected Obama's assertions that the Senate was in recess when he made his appointments.  The opinion states:

...we find that the pro forma sessions were sessions for purposes of the Clause. First,
the Senate said it was in session. The Journal of the Senate and the Congressional Record indicate that the Senate convened for a series of twice-weekly “sessions”
from December 20 through January 20. 2011 S. J. 923– 924; 158 Cong. Rec. S1–S11. (The Journal of the Senate for 2012 has not yet been published.) And these reports of
the Senate “must be assumed to speak the truth.” Ballin,
supra, at 4.


Second, the Senate’s rules make clear that during its pro forma sessions, despite its resolution that it would conduct no business, the Senate retained the power to conduct business. During any pro forma session, the Senate could have conducted business simply by passing a
unanimous consent agreement.

The Court also addressed political conflict regarding appointments:

....the Recess Appointments Clause is not designed to overcome serious institutional friction. It simply provides a subsidiary method for appointing offi­cials when the Senate is away during a recess.

This Supreme Court opinion reaffirms a lower court ruling:

we conclude that the Recess Appointments Clause does not give the President the constitutional authority to make the appointments here at issue. Because the Court of
Appeals reached the same ultimate conclusion (though for reasons we reject), its judgment is affirmed.


It is so ordered.

The entire Opinion:

Supreme%20Court%20Opinion%20Obama%20Recess%20Appointments.pdf

by:
Dee Lutz
Administrator
Tea Party Command Center

Views: 620

Reply to This

Replies to This Discussion

What about the validity of rulings during this period when 3 of the 5 board members were invalid appointments? Anyone care to hazard an educated guess?

Jay Sekulow said they were ruled nullified.. he didn't say whether that was specifically ruled in text or is an obvious residual effect.

Justice delayed....is justice denied.....  too little   too late.

Decisions of such magnitude...should be acted on summarily - for any damage done by the

false appointments could add up to total destruction or a degree thereof by the time the Nine (9) act.

This is not even a "hopeful"  plea. 

Finally they do something right for America.

Halleujah! The Supreme Court FINALLY woke up to the Obamas' corruption tactics!

Now it is time that further action takes place in this NLRB issue -

1) FIRE those who illegally held those jobs

2) DEMAND that their pay be reimbursed to the People who were ROBBED by Obama!

3) REVOKE all NLRB decisions in which these illegals took place

4) ARREST and PROSECUTE OBAMA for violating Constitutional Laws involving ABUSE OF POWER!

It has been 5-6+ years of Obamas' violating our Constitutional, legislative and other Procedural Laws through his arrogant and ABUSIVE USE OF Executive privilege and Orders.

Enough is enough - ARREST this TRAITOR!

We need to know the corruption that is real and in our face! I just was at a local store and I was told by the lady at the counter, I should have my azz kicked! She is not a close neighbor but is not far away. I told her my wife is overseas. This was at the counter checking out. She told me she is too far away to do that! Ha.. love our ladies and neighbors! ,,, she is denying what many honorable Americans have gone through when following are immigration laws? Illegals are honorable Americans, legals are sent home and have been for many years! Let us note what Demonocrats want now! Import of those who so not know how we kept our freedoms! They want the foolish!

Keep our freedoms or let the Marxist Muslim supporter and his cronies take them!

Okay....maybe I missed it....so what happens now?

Obama and his larvae could care less what the SCOTUS rules. Nothing will change no matter how much they whine.

Our Marxist run Senate purposely allowed this to happen! They left it open for Barry to act! We need a big increase of Conservatives in the Senate or there will be more treasonous acts by this evil anti-American President! He has done enough already that would take many years to undo!

Exactly, Virgil.  Keep your eyes on the target.  Never waver.  Two targets.  First one and then the other.  2014: 2016. 

BTW, Does anyone have some Band-Aids. BO needs them for hi knuckles.  Silverware table knife handles can be ugly on knuckles.

 Bet every one knows, NOTHING WILL BE DONE. Obama could kill small children ,by biting there heads off ,on TV, with the congress, and supreme court watching. NOTHING WOULD BE DONE.

Never.

RSS

LIGHTER SIDE

 

Political Cartoons by AF BrancoPolitical Cartoons by Tom Stiglich

Political Cartoons by AF Branco

ALERT ALERT

Angry Dem Impeachment ‘Witness’: Pam Karlan Donated Thousands To Hillary And Was On Clinton’s List For Potential SCOTUS Nomination

Image result for Pam Karlan

The House Judiciary Committee, chaired by Rep. Jerrold Nadler, kicked off its first impeachment circus Wednesday morning.

The four ‘witnesses’ testifying have never actually witnessed any of Trump’s dealings with Ukraine firsthand — the four witnesses are law professors offering legal analysis.

One of the witnesses the Dems rolled out is an angry Hillary Clinton donor who was on Crooked’s list for a potential Supreme Court nomination.

No wonder why this unhinged, dowdy woman is so pissed off!

“Professor Pam Karlan donated thousands of dollars to Democrats and was on Hillary Clinton’s list for a potential Supreme Court nomination. So she certainly has no vendetta against President Trump,” GOP Rep. Mark Walker said.

Congressman Walker also pointed out that Noah Feldman, the Dems first partisan witness in Wednesday’s hearing tweeted about impeaching Trump right after he was sworn in.

Rep. Mark Walker   RepMarkWalker

Meet Noah Feldman, House Democrats first partisan witness.

Look at the date of this tweet. He has been trying to get @realDonaldTrump impeached since 46 days into his presidency.

His reason? Trump criticized President Obama.

This is a sham impeachment with sham witnesses. https://twitter.com/NoahRFeldman/status/839185127494254592 

Noah Feldman @NoahRFeldman

Trump's wiretap tweets raise risk of impeachment http://bv.ms/2mY1ueX  via @BV

Rep. Mark Walker   RepMarkWalker
 

The next witness, Karlan, has donated thousands to Democrats and was on Hillary Clinton’s list for a potential Supreme Court nomination.

So she certainly has no vendetta against @realDonaldTrump.

These witnesses are as serious as House Democrats impeachment case: not at all.

The entire sham show trial is stacked with partisan hacks who have wanted to impeach Trump from the moment he won in November of 2016.

Norm Eisen, the Democrats’ counsel who is blasting Trump and questioning witnesses in Wednesday’s show trial, tweeted about impeaching Trump before Donald Trump was even sworn into office!

Infantilization of Popular Culture

© 2019   Created by Steve - Ning Creator.   Powered by

Badges  |  Report an Issue  |  Terms of Service