Thursday, July 18, 2013

A Third Federal Appeals Court Rules Obama Violated Constitution With Recess Appointments


A third federal appeals court ruled Wednesday that President Obama violated the Constitution last year when he made recess appointments to the National Labor Relations Board, adding more weight to the case as it goes before the Supreme Court in the justices’ next session.

The Fourth U.S. Circuit Court of Appeals, in a 2-1 decision, said that the president can only make recess appointments after Congress has adjourned “sine die,” which in modern times has meant when it breaks at the end of each year.

That ruling rejects Mr. Obama’s own interpretation that he can make appointments whenever he deems the Senate to be unable to give him “advice and consent” on his nominees.

After digging through constitutional history and reading up on the framers, the judges said it’s apparent the founding fathers intended for the president only to be able to use his recess appointment powers when the Senate was gone for a long period of time, not the brief breaks Congress regularly takes for holidays or weekends.

The ruling matches those of federal appeals courts for the District of Columbia and the 3rd Circuit.The Supreme Court has agreed to hear the case from the D.C. circuit when it begins its next term in the fall.

At the time of the Constitution’s ratification, breaks between sessions of Congress typically were six to nine months. During such periods, it was unrealistic to think the Senate could perform its advice and consent function,” he wrote.

~Washington Times 

How many federal judges have to tell Obama he's violating the Constitution he swore to uphold? This seems to be an impeachable offense.

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