By John W. Lillpop
In an important court ruling which may signal that Barack Obama’s insufferable acts of tyranny shall not go unchecked for another four dreary years, a federal appeals court has ruled that The One abused his powers when making Recess Appointments to the National Labor Relations Board.
Thus, the man who Obama himself and fellow Democrats revere as a Constitutional scholar is, after all is said and done, still subject to the rule of law and the US Constitution, and must heel to the principal of separation of powers just like any other mortal, non-deity figure.
As reported at the reference, this upbraiding of The One may (with any luck!) be a major impediment to the president’s plans to transform America from Democratic Republic into a dysfunctional dictatorship run at the behest of an in-over-his-head community organizer:
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.A glorious, if small, win for the soldiers of Democracy! Spread the word near and far: Barack Obama is NOT a king nor is he above the law.
“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.”
He must be challenged at every turn because it is painfully obvious that this man has far more concern for his own power and ego than he does for the Constitution and the American way!