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:
Tea Party Command Center
Okay, so Obama's appointments were invalid. So, does that mean all the actions/decisions those three "invalid" appointees made are invalid as well?
And who is going to enforce their removal, both the appointees AND their decisions??
They did this "too little too late" stuff just to calm down the Patriots and prevent us from rebelling. That's all! This will not make a difference because if Obama doesn't follow the Constitution before this ruling, then what makes you think he will obey it now??
What would happen if on any given day, the 49-51% of people who truly hate this idiot( Hussein) for what he is and for what he has done to our country, just failed to show up for work and all peoples went to their respective Capitals and started asserting that our rights have been illegally hijacked by none other then Hussein Obama, who we believe is a fraud and traitor and has usurped his way into our government. And request that he immediately be removed from office.
It may sound a little drastic but drastic situations require drastic actions, I am just fed up as is everyone here and we need to do something that will have to get people to take action that will require results. Working people have to be notified in some way or another of all the laws that have been broken on a daily basis so they can start to believe, that we who have time to report to people are doing it in an effort to save our country. On any given day I post eight to twelve news reports I receive on line or I get from watching FOX news, and yet I don't think I'm doing enough, I know for a fact that I have attracted dozens of new followers if you will, on a daily basis that give me positive feed back. What else can we do.