Saturday, January 26, 2013

Obama consciously made alleged 'recess' appointments when the Senate wasn't in recess, the first President to have attempted the feat-WSJ

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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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