US Court Rules Obama’s Recess Appointments Were Unconstitutional

US Court Ruled Today That Obama’s Recess Appointments Were Unconstitutional

The court overturned President Obama’s controversial recess appointments from last year.
The Washington Times reported:

A federal appeals court has overturned President Obama’s controversial recess appointments from last year, arguing he abused his powers and acted when the Senate was not actually in a recess.

The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments Mr. Obama made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.

But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.

The judges signaled the power only applies after Congress has adjourned sine die, which is a legislative term of art that signals the end to a long work period. In modern times, it means the president could only use his powers when Congress quits business at the end of a year.

Conservative Mark Levin ripped Obama last year for the unconstitutional appointments.

Drudge is having way too much fun with this fly…

He had this photo up before he switched to the fly on the forehead.

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  • Pingback: US Court Rules Obama’s Recess Appointments Were UnconstitutionalPolitifreak()

  • Adirondack Patriot

    But, sniff, sniff, he was a constitutional law professor. How could he be wrong?

  • Lim Lynn

    Tough time for America eh?

  • moron

    But, but Barry was a Constitutional law LECTURER in law school. He is the One, the Messiah. The King!!

  • ★FALCON★

    About time someone smacked this tyrannical kleptocrat down.

  • RL

    > He is the One, the Messiah. The King!!

    Don’t forget the liar, moron, imbecile, uneducated, idiot attributes as well….

  • shadow

    Drudge is having way too much fun with this fly…

    Simple things for simple minds.

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  • Patty

    OT

    Big Money, Big Protest, Big Muscle: Obama’s New Left-Wing Political Machine

    While Republicans contemplate how to improve their party’s political performance at the Republican National Committee (RNC) winter meeting, which opens today, Democrats are already taking politics to a new level, creating parallel organizations to advocate for President Barack Obama’s agenda and using their political clout to rearrange private business relationships to their liking. American politics has never seen anything like it.

    Politico reports today that major donors–including billionaire George Soros (above), bailout beneficiary Citi and others–were approached by Obama campaign veterans to donate millions to Organizng for America, the president’s new 501(c)4 non-profit advocacy group. Under the tax code, 501(c)4 groups do not have to disclose their donors–a provision, ironically, that President Obama spent years campaigning against.[………………..]

    http://www.breitbart.com/Big-Government/2013/01/25/Big-Money-Big-Protest-Big-Muscle-Obama-and-the-Left-Bring-the-Chicago-Way-to-a-National-Level

  • Patty

    He hires and he fires. JUST LIKE THAT!

    Obama Fires Top General Without Even a Phone Call

    President Barack Obama fired General James Mattis, the head of Central Command, without even calling the general to let him know he was being replaced.

    “I am told that General Mattis was travelling and in a meeting when an aide passed him a note telling him that the Pentagon had announced his replacement as head of Central Command. It was news to him — he hadn’t received a phone call or a heads-up from anyone at the Pentagon or the White House,” Thomas E. Ricks reports.

    In another post, Ricks says Mattis was fired because:

    Pentagon insiders say that he rubbed civilian officials the wrong way — not because he went all “mad dog,” which is his public image, and the view at the White House, but rather because he pushed the civilians so hard on considering the second- and third-order consequences of military action against Iran. Some of those questions apparently were uncomfortable. Like, what do you do with Iran once the nuclear issue is resolved and it remains a foe? What do you do if Iran then develops conventional capabilities that could make it hazardous for U.S. Navy ships to operate in the Persian Gulf? He kept saying, “And then what?”
    [,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,]
    http://www.weeklystandard.com/blogs/obama-fires-top-general-without-even-phone-call_697744.html

  • Ghost

    I’m CONSISTENTLY! amazed at YOU PEOPLE! who are ALWAYS! surprised, shocked and perplexed that MaoBama constantly violates the Constitution.
    Hello? Why are you surprised, befuddled and bewildered? He violated the Constitution when He took his first Oath of Office. He knows He is not eligible, He knows He is a Usurper.

    So, why in Hell would He give a damn about anything else in the Constitution? He’s already getting away with the Great Constitutional Crime Ever, is already committing the Greatest Fraud Ever- all because RINOs and YOU! refuse to even consider the evidence.

    So, shame on YOU TOO! YOU let Him get away with this, YOU get what you deserve.
    I’m a firm believer that as a general rule, people always get what they deserve.
    Include all the Bigs

  • cavt

    Well, this is a pleasant surprise–a court that actually still follows the constitution. Will be interesting to see how the Obamaites react to this assualt on their unlimited power–

  • snewb

    Once we get to Oct 2014 the people will be fed up with obamacare taxes, mandates etc.
    A GOP senate and house will emerge and he will be impeached. Biden will pardon him and we’ll be rid of these charlatans.

  • Sam Stone

    Given the state of the opposition party, what will be done about this abuse of power?
    Who will step up to the plate to fight this rabid abuse we see daily?

  • Sam Stone

    Did General James Mattis refuse to FIRE ON AMERICANS?

  • paul52

    Once again, the Emperor has no clothes. Shadow secrely fantasizes that he/she/it was that fly in the pic.

  • JoyO

    And is the Obama propaganda media machine going to sweep this ruling under the rug like it did the Administration’s catastrophic handling of the Benghazi killings of four Americans?

    Just how many breaches of our Constitution are this President and his Congressional Progressives going to be allowed before Congress has begin impeachment proceedings? If you read Kimberly Straussel’s WSJ article today, Obama and the Senate Progressives are going to use the EPA to implement carbon taxes on Americans. If they do this, Americans must fight this in the courts also (along with gun control via Executive Orders, the prevention of Congressional oversight over the Consumer Protection Bureau included in Dodd/Frank , etc.

  • So how many more constitutional violations before SOMEBODY has the gonads to start IMPEACHMENT PROCEEDINGS??? Oh no…can’t do that or else we might have race riots…heaven forbid right? What a damn joke.

  • Don’t tell me sanity and rule of law prevailed for once
    in this Twlighlite-Zone Obammunist era

  • Oops , that’s ‘Twilight’

  • democraps suck

    Like the POS mooslum gives a crap

  • Mikey

    We all know what flies circle around. Even the flies are smitten by how full he is.

  • #2 “but, sniff, sniff, ”
    & but, sniff, sniff, he’s disbarred & so is his wife.

    http://www.gather.com/viewArticle.action?articleId=281474981163168

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  • DomesticGoddess

    But will this stop him?

  • Jonah Vark

    Obama’s Power Grabs – Hannity

    Sean Hannity’s list of Obama’s unconstitutional power grabs

    http://www.youtube.com/watch?v=wNpwjcX6Vas

  • pfg

    Isn’t the Obama interpretation of recess, whereby the executive rules through pure gall, on its own initiative, when a co-equal (supposedly!) branch is in recess, cut from the same cloth which found Obama recently stating that he will knew what’s in Israel’s best interests?

    The noun president is a derivative of the verb to preside, not to rule. The Constitution makes that point incredibly clear, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

    The use of the absolute “all” seems pretty compelling. All means all and that’s all that all means.

    The vast, vast majority of problems which have beset us can, IMO, be laid at the feet of multiple Congresses, and oodles of federal officers, not obeying the Constitution as written. All of these named persons had taken the Article VI oath to defend the very document they have gone out of their way to ignore or worse subvert. In its essence the Constitution is a document of limitation, not expansion.

  • TrickyDick

    It’s time to impeach this clown!

  • serfer62

    “What differance does it make”

  • Ghost

    how do you impeach an unConstitutional President?
    doesn’t impeachment necessarily imply that He was Constitutional?
    wouldn’t impeachment be the Ultimate Validation for this Greatest Constitutional Crime Ever? a Full Recognition that He got away with the Greatest Hoax Ever?

    “Ohhhh, what difference does it make at this point!… right?
    let’s not concern ourselves with legal/illegal, right/wrong, Constitutional/unConstitutional,
    I just want what I want and I want it now- just like the other guys-
    let’s leave the serious stuff for some other time, kick it down the road for a future generation to deal with Usurpation and Tyranny. I just don’t like Him! that’s all.

    BUT! I am still a Constitutional Conservative because I like calling myself that. I am, I am.”

    utterly discouraging, disheartening and disappointing to see a normally principled crowd yield to Leftist intimidation and lack of curiosity. an attack at his Most Vulnerable Achilles Heel would bring Him and His crowd crashing down faster than you can spellcheck Ben Gazzara

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  • Indiana

    His entire presidency is un-constitutional. He’s un-constitutional, and he’s a traitor to his oath. So why would you expect him to adhere to the Constitution? “What difference does it make?”

  • Dan in Not Chicago ILL

    And what would Impeachment accomplish exactly? What happens if the House of Representatives were to file articles of Impeachment against Obama? Do you think Harry Reid’s Democrat controlled Senate will do anything with it? It will be like Bill Clinton all over again, only Obama will still be in office for 4 more years. 4 years of accusations that the Republicans impeached him because he is black. And they failed, see, he’s still there at 1600 Pennsylvania Ave. Turn him into a living martyr and kiss 2014 good-bye.

  • Francesca

    I cannot believe I have lived long enough to see something stop Obama. He will probably appeal, right? Isn’t he already in contempt of one court over the issuing of drilling rights in the Gulf? Apparently, he doesn’t care about judges, contempt of court or anything trying to stop him. Please tell me that this will stand!

  • Killer

    Obama’s gonna have to plunk his magic twanger to disappear this court ruling! HAHAHAHAHAHAHA……………….

  • bg

    ++

    “litmus test”

    more here & here & here & here:

    [Allowing China to have equity interests in U.S. energy production
    is a reversal of the Bush administration’s policy. In 2005, the Bush
    administration blocked China on grounds of national security from
    an $18.4 billion deal to purchase California-based Unocal Corp.]

    ==

  • Questionman

    @Klansman Ghost and Klansman Indiana

    Man, I love being right! Listen to these stupid racists here claim this is a Victory for America! It’s is NOT! It IS a Victory for the racists, bigots, and extremist black-haters on the right! Heck, ALL these comments prove beyond a shadow of a doubt that they are racists! You are making the KKK proud with your racist rants!

    The Constitution gives the President the authority to make temporary
    recess appointments to fill vacant positions when the Senate is in
    recess, a power all recent Presidents have exercised. The Senate has
    effectively been in recess for weeks, and is expected to remain in
    recess for weeks. In an overt attempt to prevent the President from
    exercising his authority during this period, Republican Senators
    insisted on using a gimmick called “pro forma” sessions, which are
    sessions during which NO Senate business is conducted and instead one or
    two Senators simply gavel in and out of session in a matter of seconds.
    But gimmicks do not override the President’s constitutional authority
    to make appointments to keep the government running.

    Funny how these racists obviously misquote and misuse the laws of the land to further their hateful desire to get the black man out of the White House. And funny that they didn’t care about the law of the land when Bush was running the show.

    Obama broke NO law with recess appointments.
    Anyone who calls Obama a Communist is a stupid racist!

    Anyone who calls Obama a Marxist is a stupid racist!

    Anyone who calls Obama a Dictator is a racist!

    Anyone who calls Obama a Traitor is a stupid racist!

    Has Obama physically seized the means of production through force of
    arms? Has he abolished elections and outlawed opposition parties? Has
    he rounded up millions of people and placed them into camps, or executed
    them outright?

    No?

    Then he’s probably not a Communist dictator. Not to mention, he has proven Over and Over he is legally able to be President!

    The proof is in the Pudding, this is NOT about protecting the Constitution, it never was.

    This is about keeping the “White” in the White House! All Obama -haters are racists!

  • More Minty

    #37
    In my opinion, the President’s disregard of the pro forma sessions is questionable constitutionally. I expect this decision to be appealed. Then we will be treated to the mongoloids on this board whining about “activist judges”.

    Cheers

  • Kissmygrits

    I seem to recall something similar in the portrayal of Satan in the Passion of the Christ movie. It was chilling enough before the maggot crawled out of his nose but was very effective dramatically, too. Seems our dear leader may have a problem with insects just as dramatic.

  • joyo

    #37

    You clearly need to spend some time reading our Constitution as well as the Federal Papers explaining the Founding Fathers’ reasoning while writing it. Once you know more World and American history, you won’t have to resort to calling people “racists”. You are like the little boy who called wolf too often.

  • bg

    ++

    posting the entire article in honor of Questionman..

    History Is Not On Obama’s Side

    By Mychal Massie on January 23, 2013 in Daily Rant

    Monday, January 21, 2013, was a black day for America. It was a black day for America because over 90 percent of an entire population group swooned and cheered as Obama was inaugurated, not because he was qualified or because he epitomized American exceptionalism or that he even believed in America exceptionalism — rather they cheered him based on his being black.

    Adding insult to injury, because it was January 21st we were forced to endure the comparison of a mendacious and pernicious Neo-Leninist who sees in America none of the values that the late Dr. King saw them, the man whom we traditionally recognize that day.

    I won’t belabor the obvious fact that Obama is the antithesis of Dr. King believed and everything he strived for. I know that flies in the face of the modern mythology that ascribes godlike comparisons to Obama. But besides being a false god, Obama has done nothing to elevate the life standards of his worshippers as one would reasonably expect from a deity.

    I don’t know which group offends my sensibilities more: foolish blacks leaving a trail of water droplets in their wake as they wallow in proclamations and fallacious comparisons to Dr. King. Or the white liberals and media (not that there’s a difference) who are tripping over their banausic form of Hobbism to contrive new appellations to confer deification to him.

    That said, if they must extol deific virtues of Obama, they are best represented by the cruel and inhumane qualities of the Roman and Greek gods of mythology.

    Blacks figuratively lay prostate at his cloven feet, but what has he done for them? If we are to believe government’s own statistics, blacks are worse off under Obama than under any president in recent history. Add to that — his royal blackness has appointed fewer blacks to his administration than any president in recent history.

    Not exclusive to that which I have said above, in a conversation I had yesterday with one of my alumni brothers I said that I believe this deifying of Obama will result in his calamitous downfall.

    As we talked, I remarked that the bible says God is a jealous God, and He will have no other gods before Him. The bible also says that God will not be mocked, and that it is a terrible thing to fall into the hands of the Living God. I said we need to recall the Book of Ezekiel chapters 27 and 28.

    I told my friend that I believe Obama is causing himself to be set up for a fall that will leave no doubt but that it was from the very hand of God. I said, and nothing dissuades me otherwise, that Obama is tantamount to the King of Tyre, and we have the Word of God as historical testimony to God’s wrath in that instance.

    There is one God and that God is Jehovah, not Obama. His heathen narcissism prevents him from understanding the depth of his apostasy. But he will. Even if we do not see it (although I believe we will), Obama is headed for a humiliating and crushing collapse from which he will not recover.

    Ash-heaps of history are replete, from the biblical times to modern times, with those who believed themselves to be deity. Hitler died in the equivalent of a hole in the ground. The most maniacal potentates in modern history, from those in the Middle East to Lenin and Stalin to the Idi Amins, ad nauseum, have experienced crushing collapses after riding the heights of power and being lauded with rose petals at their feet. It happened to the evil kings and rulers in the Old Testament, and the New Testament, and I predict that it will be no different with or for Obama.

    And when that happens, the cheering of depraved fools will cease. I pronounce a pox on the house of Obama and all those who seek to elevate him above God.

    Yes, Monday the 21st was a black day metaphorically speaking, but, just as has been the case with tyrants throughout history, Obama’s day of terrible reckoning is coming. And history has shown that the evil works of the evil do not last. They, too, fall away.

    ==

  • Jungle John

    When are we going to impeach and remove this douche-bag?

  • Limousine Barry

    Me? Doing something illegal!

    How could you think of such a thing!

    I only do illegal things on days of the week that end in Y.

    Just ask Eric Holder!

    My limousine is belching smoke and David Axelrod and new scam to try on my union cronies. They were helped me stuff 30% of the average precinct with my Absentee ballots!

    I cannot tell you any more. And, I cannot answer any more questions. My Administration may suck but it really sucks when I am caught!

  • Lim Lynn

    @snewb
    2013 Feb 8 Million Men March to Washington will happen to impeach Traitor in Chief mark your calenders.