This is a Christian blog dealing with various issues. “Discernment is not simply a matter of telling the difference between what is right and wrong; rather it is the difference between right and almost right.” -Charles Spurgeon. Scripture is my authority for all things regarding to life and godliness. 2 Cor. 10: 5 We demolish arguments and every pretension that sets itself up against the knowledge of God, and we take captive every thought to make it obedient to Christ.
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.