Friday, March 1, 2013

Obama's "recess" appointments are unconstitutional

The illegitimate Obama Labor Board is STILL defiantly operating business-as-usual one month after a federal court ruled Obama's "recess" appointments were unconstitutional.

That's why earlier this month National Right to Work Foundation staff attorneys asked the same court to enforce its ruling and make the National Labor Relations Board (NLRB) cease and desist.

And now the U.S. Court of Appeals for the District of Columbia Circuit has ordered the NLRB to respond.

You see, the Obama Labor Board is scheming to gut a longstanding Foundation-won U.S. Supreme Court precedent that prevents union bosses from forcing independent-minded workers to financially support Big Labor's radical political agenda.

Worse, they're trying to do it even though Barack Obama violated the Constitution by installing three Board members as "recess" appointees while Congress was still in session.

But this case is just the start.

Foundation staff attorney John Raudabaugh calculates that over 1,400 NLRB decisions could be voided because of Obama's unconstitutional power grab.

As you know, this is a big deal because the Obama Labor Board has dedicated itself to rewriting American labor law and stacking the deck for union bosses every chance it can.

That's why I expect the Obama Administration and their Big Labor benefactors to fight tooth-and-nail, probably all the way to the U.S. Supreme Court.

mark.mix@righttoworkfoundation.org

15 comments:

  1. King Obama is above the law,what the hell is wrong with you?
    Everything that this President does is either a lie or he just plain thumbs his nose at the laws with which our country is to be governed by.

    My solution would be to Impeach this lawless so called President.

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  2. From wiki on recess appointments

    "According to the Congressional Research Service, President Ronald Reagan made 240 recess appointments, President George H. W. Bush made 77 recess appointments, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and as of January 5, 2012, President Barack Obama had made 32 recess appointments.[8]"

    I guess it's not illegal until a court you agree with issues a decree in your favor. Lawless indeed.

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    1. Was the Senate in session for the Bush appointments?

      Was the Senate in session during the Obama appointments?

      What's the definition of in session?

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    2. I think they've gotten a bit crafty with that. It used to be summers only when the senate had truly closed shop. Then the rules of the game of bending the rules changed. Whereas a session used to be the time when the senate was actually conducting business and passing legislation, it became a game wherein the majority party, could open and close the senate for the day in five seconds and technically not be in recess. Now that the Dems control the senate, I'm assuming it's back to the more traditional arrangement where the appointments occur during a time when the senators have gone home and no legislation is occuring. Now that you ask though, I wonder if a weekend counts as not in session.

      Regardless, it's more of the same. It's outrage that arises from a practice only when people you don't like do it. Welcome to America of the present.

      On the plus side, the Blackhawks are tearing it up. Feaster up in Cal-Gary almost really stepped in it trying to poach O'Reilly from the Avs. Why the Avs didn't take the 1st and 3rd round picks from a crappy team is way beyond me. Hope all is well.

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    3. Game on.

      The ruling also represents blowback for Democrats from a parliamentary maneuver they dreamed up to keep President George W. Bush from making recess appointments during his administration. To technically keep the Senate in session, Democrats sent one of their members to the chamber each day.

      “Now the tables are turned,” said Babson. “George Bush chose not to challenge that (by making recess appointments) and President Obama did.”

      The decision has extraordinary implications on a constitutional level, Babson added. Ever since Congress created administrative agencies during the Roosevelt administration, they have occupied a nether zone between the executive branch, which has the power to administer the laws, and the legislative, which writes them. The NLRB, created in 1935, is run by members who under the law must be approved by the Senate.

      It's a wonderful thing what the politicians from the Prez on down does today. NLRB, EPA as well as other departments issues rules which are in effect laws. Bureaucrats making laws instead of congress.

      The question which is really a joke, are we a nation of laws? Doesn't really matter as the people in Washington choose what to enforce and what to ignore.

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    4. "“Now the tables are turned,” "

      This, IMO, is all politicians live for today. Most of the nonsense today is because of retaliation. President's want to bring in people they want, and the party not in power wants to give the party in power the middle finger. We are discussing only the most current example.

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  3. For the most part you are correct. The issue remains per protocol, is the Senate in session with 1 person as done in the past?

    The judge seems to think if 1 person shows up and speaks there is a valid session.

    The stage has been set from day 1 with a totally demo congress and president. When you marginalize half the country and fail to include them in the governing process this is the end results. Only when Nancy, Harry, John, Mitch are gone alone with Obama can we attempt to get compromise. The president has set the current stage, my way or the highway with the balanced approach that wasn't in the fiscal cliff debacle, what would he expect in return?

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    1. You and I are both biased Lou. Disagreeing with tactics I've seen Republicans use is not tacit approval for everything Obama does. Currently, if we took some major view points from both parties and compared them with where a majority of the population is, there is discrepancy. How much of a discrepancy is where the wide debate is. The deficit and our debt IS important to me. Clearly, it is not as high on my list as it is on others list and indeed, to some, there is nothing in the universe as important as that topic.

      On a list of things that includes fixing health care, keeping social security, scaling back our military empire, and fixing our debt problem, I believe there is a majority consensus that is not ranking them the same as the Republicans or the Democrats. The discussion that both parties refuse to have is the discussion where they tell their constituents, "This is what you want, this is what we believe it will cost, what do you want to do?" Even with cuts, we cannot pay down our debt with piddling tax increases and bullshit loophole fixes that are just words. Your list of villains there is good as far as it goes, but it does not go far enough. Personally, I believe that the group being marginalized is not a mythical half of the country that is on one side of center only. But, just as when Bush was King, it's hard to sell that to anyone who didn't vote for the current, alleged, tyrant and King.

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    2. BTW, I think that 1 person gimmick is a scam. If there is less then 50 senators present, I don't think it should be called a session.

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    3. I agree, however it's been done in the past, why is today different? Because it's Obama?

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    4. Boil it down and it comes to the court deeming it unconstitutional yet Obama continues as nothing has happened.

      What else is new. His administration is illegitimate.

      1773-2009

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    5. "I agree, however it's been done in the past, why is today different? Because it's Obama?"

      That part, I don't know. So, Hawks and Avs play Wed in Chi and then out in CO on Friday. Are the Avs gonna start putting together some scoring now that the O'Reilly thing is done?

      Hey William, is hockey an illegitimate sport because the founding fathers didn't play it?

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    6. Football certainly is as the people of the day were much smaller is size and steroids were not available at the time.

      Go with the Hawks.

      The $6.5 million man missed 19 games, think the rest of the team will consider him a team player? Not likely.

      Pierre Lacroix can hold a grudge. Chris Drury is a fine example.

      Might go a little way, to much dissension on the team.

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    7. Yeah, after the fact, when you see how badly Feaster screwed up, the Avs very well might have not only taken a 1st and 3rd round pick but probably could have gotten six million dollar man back as well. Crazy crazy

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  4. Max, If Jefferson did play it would have been as a Devil. But no, I don't think they even had ice back then right after the meteor hit. Might have played roller hockey though pre-climate change.

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