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: 619

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WAYCH BO COME UP WITH SOME OUTRAGEOUS EO TOMORROW MORNING . HES VERY SPITEFUL .

   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.

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TRUMP ->  WHY DOES ANTIFA NEVER ATTACK BIKERS FOR TRUMP?

President insults leftists during social media summit

The president made reference to the Antifa attack on gay Asian journalist Andy Ngo in Portland last month.

“Do you ever notice they pick on certain people?” asked Trump.

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"Did you ever notice they don't come after Bikers For  Trump?"@realDonaldTrump calls out ANTIFA for the wussies that they are.

“He would tell you he’s not the toughest person physically in the world – they don’t go after Bikers For Trump, you ever notice that, they don’t go after our construction workers who love us, they don’t go after the police,” he added.

Trump went on to further insult far-leftists, joking, “They live in the basement of their mom’s home,” while asserting that they all had skinny arms.

“But they have the black masks on and they have sticks, they hit people in the face, in the head.”

“But you ever notice Antifa’s never there when we have a bikers rally….they’re never around, they’re always there when you have a single guy protesting in front of a school,” said Trump.

Trump then made reference to his administration’s move to withdraw federal funding from educational institutions that don’t allow free speech on campus.

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