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

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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.

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LIGHTER SIDE

 

Political Cartoons by AF Branco

Political Cartoons by AF Branco

ALERT ALERT

Horrible: Democrats Set The Constitution On Fire With Fraudulent Impeachment

House Democrats unveiled two articles of impeachment against President Donald Trump on Tuesday morning after an investigation that violated fundamental provisions of the Constitution and the Bill of Rights.

The investigation of the president began with the complaint of a so-called “whistleblower” who turned out to be a rogue Central Intelligence Agency employee, protected by a lawyer who had called for a “coup” against Trump in early 2017.

Democrats first demanded that the “whistleblower” be allowed to testify. But after House Intelligence Committee chair Rep. Adam Schiff (D-CA) was found to have lied about his committee’s contact with the “whistleblower,” and after details of the “whistleblower’s” bias began to leak, Democrats reversed course. In violation of the President Trump’s Sixth Amendment right to confront his accuser, Democrats refused to allow the “whistleblower” to testify. They argue the president’s procedural rights, even if they existed, would not apply until he was tried in the Senate — but they also invented a fraudulent “right to anonymity” that, they hope, might conceal the whistleblower even then.

Schiff began the “impeachment inquiry” in secret, behind the closed doors of the Sensitive Compartmentalized Information Facility (SCIF) in the basement of the U.S. Capitol, even though none of the testimony was deemed classified. Few members of Congress were allowed access. Schiff allowed selective bits of testimony to leak to friendly media, while withholding transcripts of testimony.

Speaker of the House Nancy Pelosi (D-CA), having allowed the secret process to unfold, legitimized it with a party-line vote authorizing the inquiry. The House resolution denied President Trump the procedural rights enjoyed by Presidents Richard Nixon and Bill Clinton, and denied the minority party the traditional right to object to witnesses called by the majority.

Rather than the House Judiciary Committee, which traditionally handles impeachment, Pelosi also deputized the House Intelligence Committee to conduct fact-finding; the Judiciary Committee was turned into a rubber stamp. Schiff held a few public hearings, but often failed to release transcripts containing exculpatory evidence until after they had passed.

In the course of the Intelligence Committee’s investigation, Schiff quietly spied on the telephone records of his Republican counterpart, Ranking Member Devin Nunes (R-CA). He also snooped on the phone records of a journalist, John Solomon; and on the phone records of former New York City mayor Rudy Giuliani, acting as President Trump’s personal lawyer.

Schiff’s eavesdropping violated both the First Amendment right to press freedom and the Sixth Amendment right to counsel. Yet he proceeded undeterred by constitutional rights, publishing the phone logs in his committee’s report without warning, confirmation, or explanation, alleging that Nunes and the others were part of a conspiracy to assist the president’s allegedly impeachable conduct. When Republicans on the Judiciary Committee asked the Intelligence Committee’s majority counsel, Daniel Goldman, to explain the phone logs, he refused to answer,

Ironically, Schiff had done exactly what Democrats accuse Trump of doing: abused his power to dig up dirt on political opponents, then obstructed a congressional investigation into his party’s and his committee’s misconduct.

Democrats’ articles of impeachment include one for the dubious charge of “abuse of power,” which is not mentioned in the Constitution; and one for “obstruction of Congress,” which in this case is an abuse of power in itself.

Alexander Hamilton, writing about impeachment in Federalist 65, warned that “there will always be the greatest danger that the decision will be regulated more by the comparative strength of parties, than by the real demonstrations of innocence or guilt.” Democrats have fulfilled Hamilton’s worst fears.

The Trump impeachment will soon replace the 1868 impeachment of President Andrew Johnson — which the House Judiciary Committee staff actually cited as a positive precedent — as the worst in American history.

In service of their “coup,” Democrats have trampled the Constitution and the Bill of Rights. The Republic has never been in greater danger.

You don't get to interrupt me

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