Obama Overstepped Constitutional Authority, Federal Court Rules

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by Tom Fitton
11 Feb 2013

A federal court issued a decision recently that has massive implications for some of Barack Obama’s radical czars, who were installed into positions of power without the consent of the U.S. Senate as required by the Constitution. Score one for the “Separation of Powers” doctrine!

As reported by The Washington Post:

President Obama exceeded his constitutional authority by making appointments when the Senate was on a break last year, a federal appeals court ruled Friday. The court’s broad ruling would sharply limit the power that presidents throughout history have used to make recess appointments in the face of Senate opposition and inaction.

A unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit flatly rejected the Obama administration’s rationale for appointing three members of the National Labor Relations Board (NLRB) while the Senate was on a holiday break.

Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made, saying it would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”​

**snip**

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Obama Overstepped Constitutional Authority, Federal Court Rules
 
Old news.

This was a fight over "recess appointments" and what entails a "recess".

Obama lost the argument.
 

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