Court: Obama appointments are unconstitutional

By ASSOCIATED PRESS   Friday, Jan. 25, 2013
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President Barack Obama signs nominations on Capitol Hill in Washington, Monday, Jan. 21, 2013, for Sen. John Kerry, D-Mass., to be named Secretary of State; White House Chief of Staff Jacob Lew to be named Treasury Secretary, former Nebraska Sen. Chuck Hagel to be Defense Secretary and John Brennan to be CIA Director, after his ceremonial swearing-in ceremony during the 57th Presidential Inauguration.

President Barack Obama signs nominations on Capitol Hill in Washington, Monday, Jan. 21, 2013, for Sen. John Kerry, D-Mass., to be named Secretary of State; White House Chief of Staff Jacob Lew to be named Treasury Secretary, former Nebraska Sen. Chuck Hagel to be Defense Secretary and John Brennan to be CIA Director, after his ceremonial swearing-in ceremony during the 57th Presidential Inauguration.

— In an embarrassing setback for President Barack Obama, a federal appeals court panel ruled Friday that he violated the Constitution in making certain recess appointments and moved to curtail a chief executive's ability in the future to circumvent the Senate in such scenarios.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions.

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.

The ruling threw into question Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray's appointment, also made at the same time, has been challenged in a separate case.

The White House had no immediate comment.

Obama made the recess appointments on Jan. 4, 2012, after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.

But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board. They had also vigorously opposed the nomination of Cordray. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.

The three-judge panel, all appointed by Republican presidents, ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.

"Either the Senate is in session, or it is in recess," Chief Judge David Sentelle wrote in the 46-page ruling. "If it has broken for three days within an ongoing session, it is not in "the Recess" described in the Constitution."

Simply taking a break of an evening or a weekend during a regular working session cannot count, he said. Sentelle said that otherwise "the president could make appointments any time the Senate so much as broke for lunch."

The judge rejected arguments from the Justice Department's Office of Legal Counsel, which claimed the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.

"Allowing the president to define the scope of his own appointment power would eviscerate the Constitution's separation of powers," Sentelle wrote.

Sentelle was joined in the ruling by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.

The Obama administration is expected to appeal the decision to the U.S. Supreme Court. But if the ruling stands, it means that hundreds of decisions issued by the board over more than a year would be invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

Obama used the recess appointment to appoint Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the NLRB, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.

The court's decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation's labor unions to organize new members.

reader COMMENTS
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(83)
Ezoner
Feb 6, 2013 at 1:12 p.m.
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Poo -- the GOP did not bring the case. They had nothing to do with brining the case. So quit your conspiracy theory accusation and move on...

Fear must have had a bad day -- oh no... if you dont agree or support his opinion (meaning fear or Obama) then its obviously because your racist...Never expected you to make that accusation (HA)...

wader8
Feb 6, 2013 at 11:14 a.m.
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Hey....Maybe the NEW ALGoreJazzeera will run a documentary on it???

wader8
Feb 6, 2013 at 11:12 a.m.
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I got a better idea.....let's take all these coolaid drinking Lib's on a boat out to that Gore Island Paradise so they can wait for and study the tip-over and it's probable causes. It'll be a great eco-humanitarian mission for them.....for the long forseeable future.

donnaw
Jan 29, 2013 at 5:27 a.m.
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fear..cocktail hour is long over....to to bed. You'll feel better in the morning.

fearandrhetoric4dummies
Jan 28, 2013 at 11:11 p.m.
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I absolutely LOVE how recess appointments have been brought to light of the conservative Jesus(Reagan) and not ONE response. Its all about that damn black, Muslim, Kenyan, Socialistic dictator. Funny how when you have prejudice , whether poltically or racially, or both the man is the most oppressive dictator EVER!!! Unbelievable to me even for the bag of mixed nuts on this website, how viriolic and frankly quite ridiculous you people have gotten.
Pace yourselves, racists, you have four whole years to do this. At the rate the Repubs are going they will lose the house too, so nevermind keep on truckin necks!

smallBIZowner
Jan 28, 2013 at 6:40 p.m.
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It seems fitting that the furor's henchmen are found to be 'illegal' - maybe he will give them amnesty in his illegal immigration policy.

poobah
Jan 28, 2013 at 12:17 p.m.
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Ezoner said, "The GOP party had nothing to do with this case."

Ezoner
Jan 28, 2013 at 11:55 a.m.
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Merry -- The ratio means nothing.... The congress was not in recess..... The constitution says he cannot. Personally -- if they would have been in recess.... it would have been ok.... Whether someone likes it or not.

Poo -- why post things that support my point and then claim the do not..... Huh??? This case was brought by a citizen/company -- the fact it was supported with opinions by others means what?? Now the GOP members cant even have an opinion??? Freedom of speech comes to mind...

poobah
Jan 28, 2013 at 10:50 a.m.
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Ezoner said, "The GOP party had nothing to do with this case."

From the ruling available at: [ http://www.cadc.uscourts.gov/internet/op... ]

"Miguel A. Estrada argued the cause for amici curiae Senate Republican Leader Mitch McConnell and 41 other members of the United States Senate in support of petitioner/crossrespondent Noel Canning."

"Jay Alan Sekulow was on the brief for amicus curiae The Speaker of the United States House of Representatives, John Boehner, in support of petitioner."

The ruling was a rare case of an appointment being ruled unconstitutional. Eagle1 and his tea party cohorts should restrain their gloating as the case is surely headed for appeal to the United States Supreme Court.

merrypoppins
Jan 28, 2013 at 9:34 a.m.
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Eagle1 apparently thinks 200 appointments by Reagan is a fair ratio to about 10 or more for Obama, and I don't think that congress reacted negatively to every appointment that Reagan and the 2 Bush's made as the obstructionist t party Republicans are doing to Obama. As I said before, Hypocrites of the far right have no moral compass.

3gringos
Jan 28, 2013 at 8:48 a.m.
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I think Obama wants to change his name to Obamachavez or Obamacastro.

Ezoner
Jan 28, 2013 at 7:56 a.m.
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Merry P - quit listening to the news talking points and get the facts 1st. All other appointments were issued during a congressional recess... These were not. These appointments were while congress was gaveled in and out during normal congressional activity and then claimed to be in recess. It was a tactical blunder by Obama in order to get appointments he knew would not be approved.

That asside... Obama doesnt want to have to answer to anyone. He is a dictatorial manager and not a leader. Leaders can get things done, he cannot, at least not without rolling over people. He is the worst kind of manager and leaves destruction in his wake. That aside. The GOP party had nothing to do with this case. It was a private citizen that brought the case, as a result of an NLRB ruling.

Eagle1
Jan 28, 2013 at 7:52 a.m.
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merrypoppins, you are absolutely correct in your outrage about the GOP doing the same, so can I assume you have the same outrage at Obama for doing this, or will you be joining the endless list of partisans here that are inconsistent and have little or no credibility?

merrypoppins
Jan 28, 2013 at 7:38 a.m.
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Concerns of Hypocrites of the right wing Republican party. Where was all the concern with Pres Reagans record of over 200 such appointments. Obama is the first President that these charges have been brought, however all other Presidents have been allowed to make these appointments. The history of Judge David Sentelle, appointed by Pres Reagan has the dubious honor of overturning the convictions of Oliver North and John Poindexter, this partisan HACK Judge is the same that appointed Kenneth Starr in his overzealous prosecution of Bill Clinton and sided with Pres Bush on what many now see as wrongful indefinite detention without the right to trial. If you ask me, it is the t party Republicans that want to destroy the constitution with all their Hypocrisy.

donnaw
Jan 28, 2013 at 6:58 a.m.
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Maynard....agreed. Why is it liberals want to tell us what is good for us, what we can have to eat and drink but want to leave it to individual "choice" when it comes to abortions. Doesn't make sense. Hypocrites.

Midnight_Ride
Jan 27, 2013 at 5:24 p.m.
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Everything about Obama is unconstitutional. Designed to tell Government what they can't do.

Liberals have a big problem with that #1 rule.

Acai
Jan 27, 2013 at 4:29 p.m.
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@Maynard, tell people what they want to hear? That's the problem with this whole political system that's got you people captivated and arguing with one another! People need to hear the truth and news flash for ya.... it ain't always what people want to hear. Nobody wants to feel the pain of the needle going in their arm (or elsewhere) but it's going to take some pain in order to get better! To hell with the left and the right. The people like us are the one's that need to get it together!

Maynard
Jan 27, 2013 at 11:33 a.m.
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Yes the Republicans need to get their act together and stop making stupid comments because they do not get a free pass from the Mainstream Media who fawn over the Democrats announcing the 2nd coming of Barack Obama. Thought they were supposed to keep religion and goverment seperate. They need to learn to tell the people what they want to hear instead of telling them what they believe.

poobah
Jan 27, 2013 at 1:36 a.m.
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RetiredAirForce said, "Just because you get a thrill up your skirt over his comments doesn't make them relevant in any fashion."

RetiredAirForce said, "She is to busy with the msdnc news reader like thrill up her skirt."

I'm starting to wonder about the fixation on a male being a female and having thrills up his, errr, her skirt.

RetiredAirForce
Jan 27, 2013 at 1:21 a.m.
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spin socialistpoo spin.

poobah
Jan 27, 2013 at 12:54 a.m.
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RetiredAirForce said, "Still quoting a southern gov like it has anything to do with the topic or has any relevance."

916WI, be careful who may read what you write about southern politicians as in your last two comments. Some may accuse you of being irrelevant with your comments. RetiredAirForce still hasn't answered the question about what Republican Gov. Jindal and his statement about the Republican party being the "stupid party" has to do with Gov. Jindal being southern. We can only hope that the mention of "southern" is just another irrelevant reference and nothing more sinister.

RetiredAirForce
Jan 27, 2013 at 12:12 a.m.
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916 leave poo's socialist island of paradise alone; the one built with other peoples money. She is to busy with the msdnc news reader like thrill up her skirt over a comment to deal with reality right now.

916WI
Jan 26, 2013 at 10:37 p.m.
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absolutely Poohboy.......to engage democrats who elect representatives who argue that islands will "tip over" if overpopulated on one side as opposed to the other during congressional hearings, will only make everyone involved more stupid. I know it's probably very hard for you to believe poohboy, but developing any body of land-including that island-in the way which was being discussed wouldn't result in any problems. Everyone on the island will be just fine:)

poobah
Jan 26, 2013 at 8:21 p.m.
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916WI, your comment is a great example of what the Chairman of the Republican Governors Association, Republican Gov. Bobby Jindal, was talking about when he said, “We must stop being the stupid party.”

Want to see a few more examples? [ http://www.youtube.com/watch?v=Kb62fpsyh... ]

916WI
Jan 26, 2013 at 7:57 p.m.
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"Any supporters of the "stupid party" out there?"

Sure there are--many people are registered democrats! Similar to the democrats that voted to put this guy in office to represent their beliefs. I wonder how many of his constituents also believe that islands can tip over if more weight is put on one side than the other:)
http://www.youtube.com/watch?v=zNZczIgVX...

Acai
Jan 26, 2013 at 7:17 p.m.
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dtb, you can play the blame game, most do. I have no regard for the political facade. I'll keep my head out if the sand.

dtb
Jan 26, 2013 at 6:26 p.m.
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Acai - not since GWB anyway.

dtb
Jan 26, 2013 at 6:22 p.m.
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From now on for me the GOP is now the OSP - Old Stupid Party.

poobah
Jan 26, 2013 at 6:18 p.m.
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Well, since this thread has deteriorated into a potpourri of off-topic issues, let me add this tantalizing tidbit for your entertainment.

“We must stop being the stupid party. We must stop looking backward. We must stop insulting the intelligence of voters.” Republican Gov. Bobby Jindal speaking to Republican party members at the Republican National Committee’s Winter Meeting on January 24, 2013.

Any supporters of the "stupid party" out there?

wislady
Jan 26, 2013 at 5:41 p.m.
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Remember the "stimulus", that we were going to be getting updates on....NOT.

Obama Continues to Violate His Own ‘Stimulus’ Law by Not Releasing Quarterly Reports

"Have you heard much about President Obama’s $787,000,000,000 economic “stimulus” (now estimated to cost $831,000,000,000) lately? In its last report, published in 2011, the president’s own Council of Economic Advisors released an estimate showing that, for every $317,000 in “stimulus” spending that had by then gone out the door, only one job had been created or saved. Even in Washington, that’s not considered good bang for the buck.
Obama salutes

Moreover, that was the fifth consecutive “stimulus” report that showed this number getting progressively worse."

http://www.weeklystandard.com/blogs/obam...

Acai
Jan 26, 2013 at 4:41 p.m.
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Bottom line, there's never been a president, so intent on force feeding his twisted ideals on the apathetic American people or so hell bent on abusing his power with his "executive order". This isn't about "left" or "right" or hate! It's about preserving this country we inherited from those before us. We're morally obligated to act responsibly!

Maynard
Jan 26, 2013 at 3:13 p.m.
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FEAR: Both parties are sticking it to the middle class. That said: Can you refer me to facts that the deficit is decreasing? I just see it continuing to climb. A decrease in the rate the deficit is increasing IS NOT a decrease in the deficit. I know the politicians all use that smoke and mirror tactic and they bamboozle far to many Americans but it does not work for me. Neither side is decreasing the deficit ... just decreasing the rate of increase. 2nd: I read the article which stated that Democrats had also used this pro-forma session method to stop recess appointments. So they are either both right or both wrong in doing so. I do not accuse Obama of thinking he is God or the Messiah. Mainstream media have already annointed him as such .... NEWSWEEK cover announcing the 2nd Coming of Barrack Obama (not the 2nd term .. the 2nd coming ...... for a group that is so anti-religious, they definitely used a religious term to annoint their hero ...personally found it distasteful) Not that he won a second term or was reelected but the 2nd Coming ... where had he gone that he had to come back???

Kleej
Jan 26, 2013 at 2:44 p.m.
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ACAI, nope, FEAR is right! That was hate if I've ever seen it. You shouldn't say Obama is trying to play God, when he's clearly trying to play "Allah"

Joe65
Jan 26, 2013 at 1:59 p.m.
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Look-suppose the Republicans win this one when it goes before the Supreme Court, and the appointments are nullified because they came during a time that was not an official recess. What is to prevent the President from simply reappointing them when the next "real" recess comes along? That would be fully constitutional. It looks like the Republicans just want to pick a fight because they rejected these appointments and they are angry that they can't always get their own way.

joker
Jan 26, 2013 at 1:31 p.m.
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The court ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution. Therefore his appointments made on Jan 4 are unconstitutional since they had not been in recess for 3 days. How difficult is that to understand.

poobah
Jan 26, 2013 at 1:21 p.m.
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MBHammer said, "I listened to a local radio show yesterday and in the A.C.A. starting in 2014 example given, if you are a smoker lets say age 60 you will have to pay an extra $5,100.00 per year over and above for your healthcare premiums because you smoke."

Well, I hope you called in to the radio show and told them they had their facts wrong. The Affordable Care Act puts a CAP on the penalty that health insurance companies can charge people who smoke. The Affordable Care Act does not add penalties to smokers, it caps the penalties smokers can be charged by health insurance companies. Many, if not most, health insurance companies have had higher premiums (penalties) for smokers for years now.

MBHammer
Jan 26, 2013 at 12:19 p.m.
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I listened to a local radio show yesterday and in the A.C.A. starting in 2014 example given, if you are a smoker lets say age 60 you will have to pay an extra $5,100.00 per year over and above for your healthcare premiums because you smoke. As I have stated before months ago the applause for the that guy in D.C. will drop off like a lead balloon, I can hardly wait.

Acai
Jan 26, 2013 at 11:56 a.m.
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fear, really? That was a hate statement?? Get real. I don't hate anybody. It was a comparison. Also, notice in my post it wasn't about left or right, like people like to use against one another? You can't have it both ways.

poobah
Jan 26, 2013 at 11:54 a.m.
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The hatred exhibited by persons prejudiced by ignorance is particularly palpable when some event overpowers their ability to mask it any longer.

fearandrhetoric4dummies
Jan 26, 2013 at 11:49 a.m.
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Acai- agreed, pot meet kettle. Said by a guy who just made the statement that "Obama thinks he is God" Ignorance is only the beginning for haters like you. You really said nothing in your rant other than a bunch of cheerleading outside of talking about Obama's ego. Point out where you get that from. Show me another administration has done man of the same things, recess appointments, etc....
I would be more concerbned with the big government snooping on my phone calls than having to submit for a background check for a weapon, or a ban on military style assault weapons.

fearandrhetoric4dummies
Jan 26, 2013 at 11:15 a.m.
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Incase the reubs missed it, this part of the article should be read:
Obama made the recess appointments on Jan. 4, 2012, after Senate Republicans spent months blocking his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.

But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board. They had also vigorously opposed the nomination of Cordray. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.

This is merely a political tactic used by a desperate party trying to hypnotize its followers.

Acai
Jan 26, 2013 at 11:14 a.m.
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dtb; agreed. Ignorance is the foundation for hatred.

dtb
Jan 26, 2013 at 11:11 a.m.
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How in the world do you people carry around so much hatred all the time?

fearandrhetoric4dummies
Jan 26, 2013 at 11:10 a.m.
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The hhysterics on the right are certainly profound!! Joker stop using terms like messiah, youve been Hannitized.
Please express how he has abused his power? Has there been an Assault weapons before, was that an abuse of power? You people think anything that anthing that is in disagreement with your opinion is an abuse of power.
Where was this same group of clowns when addressing an ACTUAL abuse of power and the constitution. The "Patriot" act that CLEARLY violates the fourth amendment. But that was okay because the administration at the time was republican and spoonfed you enough fear and propaganda. I would think that illegal search and seizure would be much higher on a list of outrages from freedom loving Americans. I wonder where the conservative outrage was when George Bush and Rnald Reagan were making recess appointments??Unfortunately you have exposed yourself as partisans, nothing more.
This budget myth is getting funnier and funnier. In every issue it seems to be about Obama and a budget. The defecit is DECREASING. Congress is the body that spends money, not the executive branch. If ou want to lay the balem at someones feet I would start in the Senate, then the house. The House may have passed a budget but it was just a conservative piece of propaganda toilet paper. Merely passed to use as a political tool. Every one of them knew that it would never pass the Senate, or the President. Instead off playing politics, hows about a realistic bill that will pass?

Acai
Jan 26, 2013 at 9:19 a.m.
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Obama is in contempt with about every move he makes while in office! He thinks he's immune to responsibility. It seems he's correct on that part. Our system of "checks & balances" has become a system of "wimps & thugs". Obama is a mere product of our society's disconnect from reality. The politicians, both left and right, are running roughshod and accomplishing what their POLITICAL agenda is and always will be; big government and more power. Obama just has a bigger ego than the rest and actually believes he's God. United we will stand or divided we will fall. Only the humble & courageous will do the right thing!

Sigma40
Jan 26, 2013 at 8:33 a.m.
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The guy is trying to take one amendment after another. The 1st (HR 347) and then trying to take the 2nd, or drastically limiting it is the same thing. ..amongst other thing the guy is clearly abusing his power... GET HIM OUT OF OFFICE!!!!!!!!!

wislady
Jan 26, 2013 at 7:40 a.m.
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Democrats craft a "gun control" bill in days, but can NOT come up with a BUDGET for more than 4 years.
It is obvious that their priority is control of law abiding citizens, instead of the serious spending problem.

helge1939
Jan 26, 2013 at 6:03 a.m.
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We all need to stop blindly following the party lines
Both partys are only out for them selfs not for us that work for our money

joker
Jan 26, 2013 at 3:48 a.m.
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fear for Gods sake or Obamas? you people follow him like the messiah

wi55lady
Jan 26, 2013 at 3:23 a.m.
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I am not surprised. This man is so arrogant and thinks he can do whatever his tiny mind wants to do. And who ends up suffering the consequences? The US citizens. I wonder if Obama will put forth a budget in the next 4 years considering he didn't the first 4 years like he's legally suppose to do. The miserable budget he did submit, even his Democrat cronies rejected it. Must not know Finance 101. Now that's funny. And we have 4 more years of this. OMG.

analertcitizen
Jan 26, 2013 at 12:51 a.m.
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OMG- These Sean Hannity types. Guys- your tea party is OVER.You can keep on your talking points, spewing what Hannity and Rush say, but no one is listening except the few of you diehards. Take some time to get out into the world and listen to what others are saying. You might find it interesting.

Sigma40
Jan 26, 2013 at 12:44 a.m.
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Its nice to see everyone hates Obama.

woody
Jan 25, 2013 at 10:20 p.m.
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Reagan holds the record at 243 and Bush did 105. Now they complain? Hypocrites.....
.
http://www.washingtonpost.com/politics/c...

theone
Jan 25, 2013 at 10:18 p.m.
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You lost...we won.


If the panties fit....LOL

fearandrhetoric4dummies
Jan 25, 2013 at 10:17 p.m.
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Impeached? For making recess appointments? You people are truly ill. He was re-elected, he will not be impeached, no matter ho many times you say it. Find another line for god's sake.

woody
Jan 25, 2013 at 10:14 p.m.
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The birthers never stop, do they......yawn

BunBun
Jan 25, 2013 at 9:28 p.m.
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Hillary already set the talking point "what does it matter now?"

wislady
Jan 25, 2013 at 8:56 p.m.
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janesvillean
You are saying that the Federal Appeals Court is mistaken?

Obama needs to be impeached. He broke his oath of office before he even finished taking it.

R1234
Jan 25, 2013 at 8:26 p.m.
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No former president ever made a recess appointment during a pro forma session of the Senate. The Obama administration is the first. The "pro forma" session was cooked up by none other than Harry Reid and Obama violated it. The "pro forma" session was initiated to prevent recess appointments because during a pro forma session the Senate is technically not in recess.

janesvillean
Jan 25, 2013 at 6:56 p.m.
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pudssweetie, oh, fun, now it's insinuation time. You guys never stop, do you? From HUAC on down. Gosh, maybe they're disloyal agents of foreign empires! In reality, this was very simple -- the Republican minority has tried to dictate Executive Branch policy by denying the President the appointment privilege which is constitutionally his. Obviously both parties engage in political gamesmanship, but your use of guilt by association and other intimations of skulduggery show how low you'll go in this fight.
.
wislady, you may wish to review the usage of the recess appointment by Presidents Reagan, Bush, and Bush. This ruling is really a break with precedent and how the recess appointment has been treated for decades.

nemesis
Jan 25, 2013 at 6:26 p.m.
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The court's decision not is a victory for Republicans as the AP states - but a victory for America's Legal system.

wislady
Jan 25, 2013 at 6:03 p.m.
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Finally, someone stands up for the American citizens. Unfortunately, we have a potus who serves only a select group of people, and has no respect for the Constitution.

wader8
Jan 25, 2013 at 5:43 p.m.
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This arrogant deadbeats rain of terror on common sense and the Constitution have finally come to an end. When you start circumventing the Constitutionally established order of conduct to ramrod a personal agenda....we're gonna stand up and take notice.....and hold you accountable. Faith has been restored!

pudssweetie
Jan 25, 2013 at 5:39 p.m.
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Janesvillian, do you know why the GOP has blocked almost every appointment? Because many of them do not QUALIFY for the position that they are being appointed to and many have questionable backgrounds because of whom they have worked for or have associations with.

HighRoad
Jan 25, 2013 at 5:20 p.m.
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Recess appointments are a common practice. You righties have been snoozing, he has made close to 30 already. Wait to see what the Supreme Court has to say about it. They will be fast tracking this one.

stricnyne
Jan 25, 2013 at 5:06 p.m.
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4 years...and we are finally catching on to the Obama Shenanigans. This country needs a real President, not a Brand.

helge1939
Jan 25, 2013 at 4:25 p.m.
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It sure would be nice if those of both partys would stop playing games

lovemycountry
Jan 25, 2013 at 4:04 p.m.
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It makes me laugh when Janesvillean blames the GOP for doing something that the Democrats have done numerous times in the past. And then he fails to see the irony of his ultra-partisanship. Janesvillean is the Rush Limbaugh of the left.

Honorfirst
Jan 25, 2013 at 3:30 p.m.
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Eagle1: As long as it is not considered a “recess”, it is a valid way to stop the overstepping of authority by the President (either party). I was pointing out the hypocrisy of the Democrats in it's okay for me to use, but not you. They have to play by the same rules.

poobah
Jan 25, 2013 at 3:28 p.m.
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Don't gloat too much, Eagle1 et al. This will undoubtedly end up before the Supreme Court.

Eagle1
Jan 25, 2013 at 3:13 p.m.
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janesvillean, passing the buck has become a popular past time of the partisans, great work.

smallBIZowner
Jan 25, 2013 at 3:07 p.m.
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The furor got busted.

janesvillean
Jan 25, 2013 at 2:51 p.m.
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To cite just one prominent example, GOP members of the Senate have blocked ANYONE from being Director of the ATF since 2006. Yes, that includes the nominee put forward by George W. Bush. You can thank Wisconsin's own James Sensenbrenner (R-NRA) for that -- he slipped an amendment into the Patriot Act that require Senate confirmation for that office for the first time. Since that law, the Senate has confirmed no one for the office.

janesvillean
Jan 25, 2013 at 2:47 p.m.
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The basic problem here is that the GOP has blocked virtually all appointments below cabinet level. It's a disgrace. The party claims government doesn't work, then when they have any power, they make darned sure it can't.

Eagle1
Jan 25, 2013 at 2:43 p.m.
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Honorfirst, it's not okay no matter who uses it.

Honorfirst
Jan 25, 2013 at 2:30 p.m.
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Many have been saying for quite awhile that Mr. Obama has overstepped his authority. He is not the supreme king... and it's high time he learned that. Funny how the Democrats used the tactic used by the Republicans and it was okay then, but let the Republican's use it and it is not okay.

Uncle_Jesse
Jan 25, 2013 at 2:30 p.m.
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King Barack Obama

ozzman99
Jan 25, 2013 at 2:20 p.m.
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And this is just the beginning!

Sigma40
Jan 25, 2013 at 1:33 p.m.
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I have a feeling there will be much more embarressment coming Obama's way. Haha.

Eagle1
Jan 25, 2013 at 1:19 p.m.
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It's getting to the point with these guys that they are sounding like that episode of Seinfeld where Elaine is the President of the J. Peterman Company and just goes on a spending spree and does whatever she wants. Then when called on it, she asks,"I'm the president can't I do what I want?" when told "no" she replied with,"Can i fired you?" Life imitates art. lol

ImJustSayin
Jan 25, 2013 at 12:06 p.m.
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Unconstitutional? How could that be?
From the Wiki:
"He then taught at the University of Chicago Law School for twelve years...teaching constitutional law."
I'm just pastin'...

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