Skip to content

Circuit Court smacks Obama for unconstitutional recess appointments

Free World Class Education
FREE Catholic Classes
Case will now go to U.S. Supreme Court.

President Obama has a reputation for ends runs around Congress when he does not get his way. Typically he uses executive orders. Last year, he made several recess appointments to the National Labor Relations Board following Congressional Recess. A court has now told him that he violated the Constitution.

Highlights

By Catholic Online (NEWS CONSORTIUM)
Catholic Online (https://www.catholic.org)
7/18/2013 (1 decade ago)

Published in Politics & Policy

Keywords: Obama, recess, appointments, court, appeal

WASHINGTON, DC (Catholic Online) - Obama may not be the Constitutional scholar he thinks he is. The Fourth U.S. Circuit Court of Appeals has rendered a 2-1 decision that last year's recess appointments to the National Labor Relations Board were unconstitutional.

Last year, unable to force sufficiently liberal nominees through Congress, Obama waited until a January recess to make three appointments to the National Labor Relations Board and one to the Consumer Financial Protection Bureau.

This was done despite the fact the Senate was meeting every three days to legally prevent the exercise of such powers.

As soon as they broke, Obama announced his appointments. It's the kind of games-playing between Republicans and Democrats that has the people upset and disgusted at the performance of Congress and the current administration.

According to Obama, a provision in the Constitution allows him to make appointments anytime the Senate is not in session, to keep key posts filled. However, many objected to this interpretation and argued that Obama was just trying to avoid Senate vetting of candidates.

The provision, according to the courts, was to permit the president, in a time of need, to appoint someone to a key position when Congress was out of session for an extended period of time. After review, Circuit Court Judge, Clyde H. Hamilton explained, "All this points to the inescapable conclusion that the framers intended something specific by the term 'the Recess,' and that it was something different than a generic break in proceedings."

Now the case appears likely to go to the Supreme Court where a final, definitive verdict will be rendered.

For his part, Obama rescinded two of his four recess appointments, and the Senate has confirmed the appointment of the nominee asked to serve in the Consumer Protection Bureau.

---


'Help Give every Student and Teacher FREE resources for a world-class Moral Catholic Education'


Copyright 2021 - Distributed by Catholic Online

Join the Movement
When you sign up below, you don't just join an email list - you're joining an entire movement for Free world class Catholic education.

Lent logo
Saint of the Day logo

We ask you, humbly: don't scroll away.

Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you.

Help Now >

Deacon Keith Fournier Hi readers, it seems you use Catholic Online a lot; that's great! It's a little awkward to ask, but we need your help. If you have already donated, we sincerely thank you. We're not salespeople, but we depend on donations averaging $14.76 and fewer than 1% of readers give. If you donate just $5.00, the price of your coffee, Catholic Online School could keep thriving. Thank you. Help Now >

Catholic Online Logo

Copyright 2024 Catholic Online. All materials contained on this site, whether written, audible or visual are the exclusive property of Catholic Online and are protected under U.S. and International copyright laws, © Copyright 2024 Catholic Online. Any unauthorized use, without prior written consent of Catholic Online is strictly forbidden and prohibited.

Catholic Online is a Project of Your Catholic Voice Foundation, a Not-for-Profit Corporation. Your Catholic Voice Foundation has been granted a recognition of tax exemption under Section 501(c)(3) of the Internal Revenue Code. Federal Tax Identification Number: 81-0596847. Your gift is tax-deductible as allowed by law.