BREAKING: SUPREME COURT UNANIMOUSLY RULES OBAMA RECESS APPOINTMENTS ARE UNCONSTITUTIONAL POWER GRAB

by KEN KLUKOWSKI 26 Jun 2014, 7:48 AM PDT

Today the Supreme Court unanimously held that President Barack Obama violated the Constitution when he made several appointments to the National Labor Relations Board (NLRB) and other agencies without Senate approval.

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.

BREAKING STORY

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Permalink Reply by Christopher on June 26, 2014 at 12:33pm

"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?

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Permalink Reply by Sue on June 26, 2014 at 1:01pm

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?

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Permalink Reply by John Carman on June 26, 2014 at 1:35pm

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.

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Permalink Reply by Ken Marchlenski on June 26, 2014 at 2:16pm

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.

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Permalink Reply by Deep Space on June 26, 2014 at 5:09pm

Sadly I tend to agree.

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Permalink Reply by Pam Prince on June 26, 2014 at 3:57pm

Foreign take- over? "Age of Extension for democracy in America?"

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Permalink Reply by 5WarVeteran on June 26, 2014 at 7:01pm

He is a criminal and needs lead poisoning.

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Permalink Reply by Central Scrutinizer on June 26, 2014 at 8:14pm

i see what ya did there....lmao

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Permalink Reply by cmblake6 on June 26, 2014 at 11:58pm

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.

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Permalink Reply by Ken Marchlenski on June 27, 2014 at 8:12am

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??

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Permalink Reply by Citizen Quasar on June 27, 2014 at 8:48am

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.