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excelsior

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It will be interesting to see if this ruling will withstand appeal and if National Labor Relations Board decisions will be over turned. 

Some labor law experts have called recent rulings by the National Labor Relations Board as “anti-employer."


Court Throws Out Recess Picks

more at:  http://online.wsj.com/article/SB10001424127887324039504578263772492524536.html

A federal appeals court ruled Friday that President Barack Obama violated the Constitution in filling labor board vacancies, a decision that could reshape a long-standing practice by U.S. presidents to make recess appointments.

Such appointments—which bypass Senate approval to install top administration personnel—have been used by presidents for at least 90 years. But in the past two decades, Presidents George W. Bush and Bill Clinton ratcheted up use of the tactic to avert congressional obstacles. Friday's decision, if it holds, would restrain that power.

The three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said the National Labor Relations Board for the past year has lacked the quorum required to conduct most business because three board members were named by Mr. Obama in recess appointments the court ruled invalid.

The decision strips the board of key powers and could void some of its actions over the past year.
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Ash Williams

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #1 on: January 25, 2013, 09:09:35 PM »

For most of President Obama’s first term, Republicans used legislative trickery to try to prevent the functioning of two federal agencies they hate, the National Labor Relations Board and the Consumer Financial Protection Bureau. First they would filibuster the president’s nominees to the agencies, knowing that neither agency could operate without board members or a director. Then they would create fake legislative sessions for the Senate during its recess, intended solely to prevent Mr. Obama from making recess appointments as an end run.

Astonishingly, a federal appeals court upheld this strategy on Friday. Mr. Obama had declared that Congress was not really open for business during its one-minute, lights-on-lights-off sessions intended only to thwart him, and he made recess appointments. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said his N.L.R.B. appointments were unconstitutional, buying the argument of Republicans that the Senate was really in session.

The court even broke with the presidential practice of 150 years by ruling that only vacancies arising during a narrow recess period qualify for recess appointments.

The administration’s lawyers made a solid argument that a legislative session during which no business takes place, and when no nominations can be considered, is not a real session. The vast majority of senators, in fact, were out of town. Used in this way, the administration said, sham “pro forma” sessions prevented two executive-branch agencies from performing their lawful duties. Both agencies were created by majorities in Congress, but they were undermined by minorities.

The court’s opinion took no notice of the underhanded nature of these actions: Senate Republicans asked the House to remain in session solely to prevent Mr. Obama’s recess appointments, and the Constitution prevents the Senate from adjourning without the consent of the House, even if it meets only for a minute every three days. Using a cramped definition of “recess,” the panel’s Republican-appointed judges allowed a minority to abuse the recess-appointments clause of the Constitution for political ends.

The situation demonstrates how dysfunctional Washington has become because of these Republican abuses. Although Democrats also used pro forma sessions for this purpose under President George W. Bush, Republicans have blocked Mr. Obama’s appointments at a far higher rate, and they have gone much further by trying to shut down executive agencies through use of the filibuster.

Democrats could have changed this by agreeing to curb filibuster abuses this week, particularly on high-level presidential appointments, but they squandered the opportunity. The court’s decision demonstrates how their timidity is being used against them. With no sign that Republicans are willing to let up on their machinations, Mr. Obama was entirely justified in using his executive power to keep federal agencies operating.
http://www.nytimes.com/2013/01/26/opinion/a-court-upholds-republican-chicanery.html?_r=0


gotta hand it to tea baggers   got no moral problem ta call sumthin illegal even whin they does it

why cant teh baggers do there job an put peeps in the jobs steady saying no ta everthin

sumun wood think that theys wantin nothin done so it make the eveil d ones look bad
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Monroe Native

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #2 on: January 25, 2013, 09:27:02 PM »

Gee, just like Fry, but not as smart?
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Ash Williams

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #3 on: January 25, 2013, 09:35:05 PM »

Gee, just like Fry, but not as smart?

rite on topic like a good lil numnuts
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sammy

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #4 on: January 25, 2013, 09:42:40 PM »

For most of President Obama’s first term, Republicans used legislative trickery to try to prevent the functioning of two federal agencies they hate, the National Labor Relations Board and the Consumer Financial Protection Bureau. First they would filibuster the president’s nominees to the agencies, knowing that neither agency could operate without board members or a director. Then they would create fake legislative sessions for the Senate during its recess, intended solely to prevent Mr. Obama from making recess appointments as an end run.

Astonishingly, a federal appeals court upheld this strategy on Friday. Mr. Obama had declared that Congress was not really open for business during its one-minute, lights-on-lights-off sessions intended only to thwart him, and he made recess appointments. A three-judge panel of the United States Court of Appeals for the District of Columbia Circuit said his N.L.R.B. appointments were unconstitutional, buying the argument of Republicans that the Senate was really in session.

The court even broke with the presidential practice of 150 years by ruling that only vacancies arising during a narrow recess period qualify for recess appointments.

The administration’s lawyers made a solid argument that a legislative session during which no business takes place, and when no nominations can be considered, is not a real session. The vast majority of senators, in fact, were out of town. Used in this way, the administration said, sham “pro forma” sessions prevented two executive-branch agencies from performing their lawful duties. Both agencies were created by majorities in Congress, but they were undermined by minorities.

The court’s opinion took no notice of the underhanded nature of these actions: Senate Republicans asked the House to remain in session solely to prevent Mr. Obama’s recess appointments, and the Constitution prevents the Senate from adjourning without the consent of the House, even if it meets only for a minute every three days. Using a cramped definition of “recess,” the panel’s Republican-appointed judges allowed a minority to abuse the recess-appointments clause of the Constitution for political ends.

The situation demonstrates how dysfunctional Washington has become because of these Republican abuses. Although Democrats also used pro forma sessions for this purpose under President George W. Bush, Republicans have blocked Mr. Obama’s appointments at a far higher rate, and they have gone much further by trying to shut down executive agencies through use of the filibuster.

Democrats could have changed this by agreeing to curb filibuster abuses this week, particularly on high-level presidential appointments, but they squandered the opportunity. The court’s decision demonstrates how their timidity is being used against them. With no sign that Republicans are willing to let up on their machinations, Mr. Obama was entirely justified in using his executive power to keep federal agencies operating.
http://www.nytimes.com/2013/01/26/opinion/a-court-upholds-republican-chicanery.html?_r=0


gotta hand it to tea baggers   got no moral problem ta call sumthin illegal even whin they does it

why cant teh baggers do there job an put peeps in the jobs steady saying no ta everthin

sumun wood think that theys wantin nothin done so it make the eveil d ones look bad
Aahh, the wily hillbilly has the ability to cut'n paste. two possibilities. One is looming larger.
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Will Sweat

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #5 on: January 26, 2013, 08:24:27 AM »

The decision, while important, is only for one appointment; Noel Canning.  There are other "cases" pending that could affirm this decision or no. 

The NLRB has issued a statement that they will continue to work and expect the decision to be overturned on appeal. 

http://www.nlrb.gov/news/statement-chairman-pearce-recess-appointment-ruling
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blue2

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #6 on: January 26, 2013, 09:25:44 AM »

Obama is going to ignore any decision the courts make.
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Pax

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #7 on: January 26, 2013, 10:39:16 AM »

     POTUS is not bound by any piece of paper; he instead issues pieces of paper to dictate policy.  Dictators are de facto unbound by any prohibitions, and are legally incapable of "violating" any damn thing - "constitutional" or otherwise.
« Last Edit: January 26, 2013, 10:42:10 AM by Pax »
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Monroe Native

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #8 on: January 26, 2013, 01:51:29 PM »

     POTUS is not bound by any piece of paper; he instead issues pieces of paper to dictate policy.  Dictators are de facto unbound by any prohibitions, and are legally incapable of "violating" any damn thing - "constitutional" or otherwise.

And thus we are no longer a Constitutionally Limited form of Government....

And hence we have no budget.....

And hence spending is out of control.....

And hence we send people to Washington with little net worth, and turn them and their families into Multi Millionaires.
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I have learned that only two things are necessary to keep one's wife happy. First, let her think she's having her own way. And second, let her have it.
Lyndon B. Johnson

You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered.
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Baggins

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #9 on: January 26, 2013, 02:15:58 PM »

     POTUS is not bound by any piece of paper; he instead issues pieces of paper to dictate policy.  Dictators are de facto unbound by any prohibitions, and are legally incapable of "violating" any damn thing - "constitutional" or otherwise.

Only problem with that is, I do not recognize a dictatorship...Therefore his policies are null and void if they violate the constitution and not worth the paper HIS policies are written on.

People need to understand this fascist crap needs to be put to an end...More need to voice their minds, and be more active with their representatives.  They can't govern without the peoples input.  Otherwise the machine will continue to gain power and when it reaches a certain point, nothing less than revolution would change it.  I'm just hoping it hasn't reached that point... :-\


This is the wake up call...
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SidecarFlip

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #10 on: January 26, 2013, 04:47:36 PM »

Only problem with that is, I do not recognize a dictatorship...Therefore his policies are null and void if they violate the constitution and not worth the paper HIS policies are written on.

People need to understand this fascist crap needs to be put to an end...More need to voice their minds, and be more active with their representatives.  They can't govern without the peoples input.  Otherwise the machine will continue to gain power and when it reaches a certain point, nothing less than revolution would change it.  I'm just hoping it hasn't reached that point... :-\


This is the wake up call...

Corresponding with my Long Range shooting friends all over the country, I'd say it's a lot closer than you realize.

There is a reason why you can't buy any amunition, the shelves are bare or rifles are handguns, the shelves are bare.  Why?  Some say panic buying but my friends all over the country say the same thing....  Stocking up for when it occurs, not if, when.  Like good Boy Scouts, they want to 'be preprared' for any eventuality.  I. for one, have no issue with it.

We need a 'cleansing' in this country and we need it bad.  Thye Beltway dirtbags keep oversteppoing their bounds and folks are real tired of it.  I am too.
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blue2

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #11 on: January 26, 2013, 05:13:25 PM »

 I just don't see a bunch of people hauling out their guns and shooting people up in the United States.
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Monroe Native

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #12 on: January 26, 2013, 08:28:54 PM »

I just don't see a bunch of people hauling out their guns and shooting people up in the United States.

I do see people using their guns to defend against a Tyrannical Government - as is our right under the US Constitution.

Why do you think they want the guns?
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I have learned that only two things are necessary to keep one's wife happy. First, let her think she's having her own way. And second, let her have it.
Lyndon B. Johnson

You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered.
Lyndon B. Johnson

sammy

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #13 on: January 26, 2013, 08:47:48 PM »

I do see people using their guns to defend against a Tyrannical Government - as is our right under the US Constitution.

Why do you think they want the guns?

So far, they don't want the guns. They want to restrict the guns. IMO, a lot of those who want the government to "bring it on" will hand over their ARs as soon as the tank approaches their door. It's a lot easier to bluster before the black helicopters ACTUALLY start to circle.
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Monroe Native

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Re: Federal appeals court ruled that Obama violated the Constitution
« Reply #14 on: January 26, 2013, 08:59:34 PM »

So far, they don't want the guns. They want to restrict the guns. IMO, a lot of those who want the government to "bring it on" will hand over their ARs as soon as the tank approaches their door. It's a lot easier to bluster before the black helicopters ACTUALLY start to circle.

Sammy,

If the US Government roles tanks, helicopters, and planes against US Citizens on US Soil then the war is on.

At that point this Government will be illegitimate in the viewpoint of many citizens.

Now - ask yourself - what will the states do when this happens?  What will the Military do?  Will you have some states sending their National Guard units up against Army regulars?  Will some units "mutiny" and refuse to move against US citizens?  Will some units support the orders to go - while other units attempt to block them?

Will there be people willing to stand in front of tanks - like happened in China?

Do you SERIOUSLY see that tank driver running over that citizen with their tank?

I don't.  It didn't happen in China, and I don't see it happening here.  If they do then game on I'm afraid, and there are more people with Military training out of the Military then still in it, and I don't see all the Vietnam, Afghanistan, and Iraq war vets pissing their pants when the shooting starts.
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I have learned that only two things are necessary to keep one's wife happy. First, let her think she's having her own way. And second, let her have it.
Lyndon B. Johnson

You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered.
Lyndon B. Johnson
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