Day by Day Cartoon by Chris Muir

Monday, January 13, 2014

Supreme Court Hears Arguments on Obama's Claimed Power to Make Temporary Appointments Even When the Senate is Not Recessed

From Ace of Spades HQ:
While the Constitution permits the President to make temporary appointments to executive positions when the Senate is in recess, Obama, get this, violated the Constitution by claiming the Senate was in recess when the Senate itself said it wasn't in recess. His appointees -- illegal ones -- made some rulings on the National Labor Relations Board which should be nullities, as men with no right to sit on the NLRB did in fact sit there.

Obama claims, get this, that his Constitutional powers grow when he decides a coequal branch of government is being "intransigent" and failing to give him everything he wants.

The argument did not seem to persuade most of the Court.
"Perhaps the most unfortunate moment for presidential authority was a comment by Justice Stephen G. Breyer that modern Senate-White House battles over nominations were a political problem not a constitutional problem. Senators of both parties have used the Constitution’s recess appointment provisions to their own advantage in their 'political fights,' Breyer said, but noted that he could not find anything in the history of the clause that would 'allow the president to overcome Senate resistance' to nominees."
Only Ruth Bader Ginsburg seemed to support the Administration's power grab.
Well, Buzzy siding with the Regime is not surprise, but even she may come to her senses and vote against the Regime, because a Republican Administration may want to do the same thing, and she will definitely disapprove of that.

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