Obama Violates Constitution? Court Rules Recess Appointments Invalid

by at . Comments

A federal appeals court ruled that President Barack Obama violated the Constitution by appointing three members of the National Labor Relations Board.

He bypassed the Senate to install appointees during a Congressional recess, hardly unprecedented but still unconstitutional, according to the ruling.

President Obama Pic

The decision of the U.S. Court of Appeals for the D.C. Circuit is a win for Congressional Republicans and business groups critical of the labor board.

If it stands, the far-reaching decision could invalidate hundreds of board decisions over the past year, including some making it easier for unions to organize.

It could also limit or eliminate a President's powers to make recess appointments.

Here's how it all went down: When Obama filled the Labor Relations Board vacancies on January 4, 2012, Congress was on an extended holiday break.

GOP lawmakers gaveled in for a few minutes every three days, however, just to technically prevent Obama from making these very recess appointments.

The White House argued that the pro forma sessions - some lasting less than a minute - were a sham and went ahead and appointed the members anyway.

The court rejected that argument, but went even further, finding that under the Constitution, a recess occurs only during the breaks between formal year-long sessions.

It also held that presidents can bypass the Senate only when administration vacancies occur during a recess, not if they existed prior to the recess.

White House press secretary Jay Carney said the administration disagrees with the decision and that the labor board would continue to conduct business as usual.

"The decision is novel and unprecedented," Carney said. "It contradicts 150 years of practice by Democratic and Republican administrations."

The Justice Department added, "We disagree with the court's ruling and believe that the president's recess appointments are constitutionally sound.

Again, this practice dates back 150 years. Under the court's decision, 285 recess appointments made by presidents between 1867 and 2004 would be invalid.

The court acknowledged that the ruling conflicts with what some other federal appeals courts have held, all but guaranteeing an appeal to the Supreme Court.


Do you wonder why the rest of America laughs at Hollywood because they are Obama lapdogs for ure and this article proves it. Oh an to the one that cries racism just because we don't support a man who is dismantling our country. Racism has no ethnicity okay?!


The president is out of control u r insane if u believe he really cares about the constitution or even you, bush was not the best president but this guy is plain nuts


Really all the bull he has pulled and this is what they are going to point out? I guess that's Hollywood for you.


Were you alive 150 years ago? How do you know they didn't deal with them then?? Everyone who cries RACISM needs to look within their own heart. Racism only exists in those who view the importance or disappointment of having a "black" president and not the constitution of America. Those of us who actually care about our country could care less if the president was purple. Stop making it about race and start making it about our country people. I mean seriously! This isn't a war on race. This is a war on maintaining our freedoms as a nation.


Faydie, RW......its called Checks and Balances so no one entity can exhibit absolute power....that would be called a dictatorship or a Communist Regime. So when a court rules against you, there must be a valide reason to do so. Or is it you only support their decisions when it goes your way? As for telling the truth, Harry Reid has no credibility.....anyone here about how the IRS is investigating Mitt Romney for not paying his taxes for the last 10 years??? Chirp chirp chirp.....because he has paid his taxes and Harry Reid blantantly used the seanate floor for SLANDERING Mitt Romney. You want to talk about Racism....how about Al Shapton disparaging Jews, or for that matter Jesse Jackson and Rev Wright. Your rhetoric has no basis in TRUTH!!!! Go crawl back under the rock you came from Comrade!!!

@ art527

There is no room. You are taking up all the space. You are an a** without a hole. Check and balance that, racist.

@ faydie

Faydie, I am half white and half black, you sir are the racist!

@ art527

I am not even trying to have a dialog with you. Your comment tells me it would be like talking to a hole in the wall. You're saying because you're half black/white, you can't be racist. Well, you must be a nazi with that comrade #*#*. Miss me with your CRAP? I am gtfoh!


Are you serious!?!? I am so tired of the race card being played.

@ Jason

And I'm so tired of you being tired. Suck lt up. All sorts of things are happening in Wash,(ie.debt ceiling) that have never occurred before, even things that were originally the obstructionists ideas. You may be delusional or in denial, I am not.


What you are failing to report is that Harry Reid used these same strategies to block President Bush from his appointments. Obama forgets he is the president NOT the dictator of the United States.


Why is it that in 150 years of recess appointments, this one time they suddenly become unconstitional? Could it be ummmmm, oh, we have a black president. RACISM is alive and well!


The legal precedent for recess appointments was set by other presidents, long ago. The 1-minute GOP congressional "sessions" were indeed sham and should be treated as such. This challenge is just more obstructionism by "We the Corporations". As a human being, I side with "We the People".

Tags: ,

Barack Obama Biography

Barack and Michelle Obama
Barack Obama is the 44th President of the United States of America. He became a Democratic U.S. Senator from Illinois in 2004, and has... More »
Honolulu, Hawaii
Full Name
Barack Hussein Obama II

Barack Obama Quotes

I do think in Washington, it's a little bit like American Idol. But everybody is Simon Cowell.

Barack Obama

I think I'm a pretty cool dad.

Barack Obama