The Appointments Clause of the Constitution requires that all high-level executive branch positions (called "principal officers") and all federal judges be nominated by the president, then must be confirmed by the Senate. The Recess Appointments Clause provides that if the Senate is in recess, the president can make appointments that can continue up to two years.
Not able to get several controversial nominees confirmed, Obama waited until the Senate adjourned for several days, then declared the Senate to be in recess, and unilaterally filled all those positions.
Obama made the shocking claim that he can declare the Senate in recess anytime there are not enough senators present on the Senate floor to do business. Under that theory, almost any night after dinner the president would be able to appoint Cabinet secretaries and even Supreme Court justices for up to two years without a Senate vote.
The majority opinion in NLRB v. Noel Canning was written by Justice Stephen Breyer, a liberal appointed by Bill Clinton, writing for five justices. Justice Antonin Scalia wrote a separate opinion for the four conservative justices that took a very different view of the Recess Appointments Clause that would restrict presidential power more significantly, but agreeing Obama's actions were unconstitutional.
Ken Klukowski is senior legal analyst for Breitbart News and a fellow with the American Civil Rights Union. Follow him on Twitter @kenklukowski.
"Obama made the shocking claim that he can declare the Senate in recess anytime there are not enough senators present on the Senate floor to do business. Under that theory, almost any night after dinner the president would be able to appoint Cabinet secretaries and even Supreme Court justices for up to two years without a Senate vote."
HELLO FEDERAL RESERVE?
Ok so what are they going to do about the ones he appointed? What are they going to do about his over reach of power? Are they just going to smack his hand and tell him' bad boy'? Are there going to be any repercussions over this?
I am sure that most of us who know the laws are aware of this for some time now.
The question is WHAT is the Supreme Court going to do about these illegal appointments?
Obama aka Barry Soetoro is basically doing whatever he wants to do and nothing less.
Our Congress is basically "dead" and "useless".
How can you have a Democratic Republic form of government when the People are NOT represented?
The list is endless............The People need to control the Government, NOT The other way around.
The Supreme Court has already proven that it's in the Bag along with Obama. This is Kabuki Theatre !
Keeping the 'Appearance of Paranoia' in mind, I still believe that we are too far down the Road to think this is anything else.
Sadly I tend to agree.
He is a criminal and needs lead poisoning.
i see what ya did there....lmao
This may well turn in to 1776, v2.0. You know the scary part about that? The thought that that is what this communist filth is trying to trigger.
A '1776' is 'possible' but not likely. I guess we'll just have to wait and see but these guys are as sneeky as hell and they've been doing it by the numbers up until now and with great success.
I see that the History Channel or is it CNN is running a Program on the 60's now. Last night they showed in great detail the Civil Rights Movement will all the horrible meanness of White Oppression on good Black people.
This was planned to incite Racial Tensions at this very time when we need UNITY. "THEY" want us to fight eachother while they keep moving in on our Freedoms and Country.
How many people do you think are even capable of realizing this in today's America??
The very fact that Congress has NOT impeached Obama shows that Congress is a fellow conspirator. I think it is high time to do away with both the President and the Congress...through any means deemed expedient.
When Congress is complicit and does nothing they are just as criminal and just a guilty. Wasn't government hired to prevent these things?