Obama’s recess appointments are unconstitutional (Impeach the Communist Slimeball)

WASHINGTON POST ^ | 1/5/2012 | Edwin Meese III and Todd Gaziano

[tobyhill]

President Obama’s attempt to unilaterally appoint three people to seats on the National Labor Relations Board and Richard Cordray to head the new Consumer Financial Protection Bureau (after the Senate blocked action on his nomination) is more than an unconstitutional attempt to circumvent the Senate’s advise-and-consent role. It is a breathtaking violation of the separation of powers and the duty of comity that the executive owes to Congress.

Yes, some prior recess appointments have been politically unpopular, and a few have even raised legal questions. But never before has a president purported to make a “recess” appointment when the Senate is demonstrably not in recess. That is a constitutional abuse of a high order.

As a former U.S. attorney general and a former Office of Legal Counsel lawyer who provided advice to presidents on recess appointment issues, we have defended and will continue to defend the lawful use of the recess appointment power. Although originally conceived by the Framers for a time when communicating with and summoning senators back to the Capitol might take weeks, it is still valid in a modern age — but only as long as the Senate is in recess. Not only was the Senate not in recess when these purported appointments were made, it constitutionally could not have been.

[Labyrinthos]

THe next time the NLRB rules against an employer, then that employer will have legal standing to challenge the ruling on the grounds that three members of the NLRB were illegally appointed and therefore, the NLRB's ruling is ultra vires.

[bert]

But can that non senate entity file for an injunction?

That is can a fiat accompli be countered immediately or must it be bogged down in court for a year or two? Time is of the essence

[Bloody Sam Roberts]

That is can a fiat accompli be countered immediately

[bert]

The appointments are accomplished fact. The discussion was noting a call for injunction to stop any action resulting from the appointments, to put them on hold. . Another poster provided a legal means for businesses harmed by Labor Relations Board rulings to attack and overcome the appointments but it requires a law suit and much time, perhaps too much time.

So, what means is available for immediate action. The Democrat Senate will not act and will accept the slap by the President bent on dictatorship

[SoothingDave]

Fiat Accompli is the new Italian car.

[Bloody Sam Roberts]

Fiat Accompli is the new Italian car.

I guess I just have not been keeping up.