What do flies like best? Hillery would say what does it matter.

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(As hillary would say, what does it matter? What do flies like best?)

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Obama recess appointments unconstitutional

Obama recess appointments unconstitutional

In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess.

The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and hence the five-person board did not have a quorum to operate.

But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.

“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.

The judges said presidents’ recess powers only apply after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.

And the court ruled that the only vacancies that the president can use his powers on are ones that arise when the Senate is in one of those end-of-session breaks. That would all but eliminate the list of positions the president could fill with his recess powers.

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12-1115Noel Canning v. NLRB
01/25/2013
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Page 28 of DC Circuit Court Ruling Telling Obama He Can't Dictate Appointments


In fact, the Constitution uses “adjournment” to refer
generally to legislative breaks. It uses “the Recess” differently
and then incorporates the definite article. Thus, the Eleventh
Circuit’s interpretation of “adjournment” fails to distinguish
between “adjournment” and “Recess,” rendering the latter
superfluous and ignoring the Framers’ specific choice of words.
Cf. Holmes v. Jennison, 39 U.S. (14 Pet.) 540, 570–71 (1840)
(plurality opinion)

(“In expounding the Constitution of the
United States, every word must have its due force, and
appropriate meaning; for it is evident from the whole instrument,
that no word was unnecessarily used, or needlessly added.”);
Marbury v. Madison, 5 U.S. (1 Cranch) 137, 174 (1803) (“It
cannot be presumed that any clause in the constitution is
intended to be without effect . . . .”).

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DC Court of Appeals Web Site The Opinions Archive for the U.S. Court of Appeals for the District of Columbia Circuit.USCOURTS.GOV

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United States Court of Appeals for the District of Columbia Circuit

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Law Lexis Nexis A free law reference.


(Obama the dictator decreed that the senate was in recess. Adjournment and Recess do not have the same meaning. Adjournment means legislative breaks. Recess refers to an end of the legislative session. Obama the dictator appointed people during adjournment not recess.

This is why the DC Court of Appeals kicked him in the butt and said, boy you can't do that. Listen to what Mark Levin had to say about obama the dictator on Jan 25 2013 WABC archives.) Story Reports