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1/25/13, "Obama's Abuse of Power," "An appeals court says his recess appointments are unconstitutional." Wall St. Journal Editorial
"He (Obama) consciously made those "recess" appointments when the Senate
wasn't in recess but was conducting pro-forma sessions precisely so Mr.
Obama couldn't make a recess appointment. No President to our knowledge
had ever tried that one, no doubt because it means the executive can
decide on his own when a co-equal branch of government is in session.
In Noel Canning v. NLRB, a Washington state Pepsi bottler
challenged a board decision on grounds that the recess appointments were
invalid and that the NLRB thus lacked the three-member quorum required
to conduct business. The D.C. Circuit agreed, while whistling a 98
mile-per-hour, chin-high fastball past the White House
about the
separation of powers."...via Lucianne.
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