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Circuit Court smacks Obama for unconstitutional recess appointments

By Catholic Online (NEWS CONSORTIUM)
July 18th, 2013
Catholic Online (www.catholic.org)

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.

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For his part, Obama rescinded two of his four recess appointments, and the Senate has confirmed the appointment of the nominee asked to serve in the Consumer Protection Bureau.

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