Skip to comments.Senators join suit over Obama’s constitutional powers (Recess appointments)
Posted on 09/26/2012 3:16:19 PM PDT by jazusamo
Republican senators on Wednesday joined a lawsuit arguing President Obama violated the Constitution when he used his recess appointment powers earlier this year to fill several controversial jobs.
The move elevates the stakes in what has been a simmering constitutional battle.
The senators, led by Minority Leader Mitch McConnell, have long argued the Senate was still in session, not in recess, when Mr. Obama made his move in January. They said the picks to the National Labor Relations Board and to a top consumer advocacy post are therefore illegal.
The Constitution empowers the Senate, not the president, to prescribe and administer its own procedures, the senators said in their legal briefs. The Senates express determination that it was in session on January 3 and 6, not in recess, fell well within that broad authority.
Republicans had signaled their intent to block the consumer advocacy and NLRB nominations, hoping to hinder Mr. Obamas agenda by refusing to fill those posts.
But with senators at home for Christmas and New Years, and the chamber only holding pro forma sessions, Mr. Obama decided they were in a recess and said that meant he could use his emergency appointment powers.
The senators are joining an already-existing lawsuit filed by Noel Canning, a bottling company that sued the NLRB arguing that a decision the board made is invalid because Mr. Obamas questionable appointments were part of the board at the time.
(Excerpt) Read more at washingtontimes.com ...
Is Congress officially in a recess now?
NOW they think of doing something about it!
Typical......do nothing that would make the liberals mad and then when they see that the Presidential race is really, really close THEN they try to do something. If it was not for that they would have never done anything today.
The reason we find our liberties being stolen at a rate faster than ice melts in a blast furnace is due to the republicans’ failure to do anything about anything that they may have to show some spine in doing.
It’s a little too little a little too late.
These are the same people that gave obama’s Supreme Court nominees the green light.
Hussein and 80 years of rats have damaged our republic beyond the point of no return.
The Senate became a silent bystander to Husswein’s crimes and under the next rat President our Congress will be his rubber stamp.
Gibbon described the same situation under the Roman emperors, where only the shell but not the essence of the republic remained.
I expect Obama was looking for a court fight when he made the appointments. What took them so long?. They should have gone to court 9 months ago.
About freaking time! This should have been done DAY ONE. Nice leadership, McConnell.
Just once I would like to see wrongs righted in this presidency. I don’t expect much from this either though.
The job of the Legislative and Judicial branches of government is to apply the brakes on a runaway Executive. They have been AWOL, if not complicit. As a result, with Obama we have a replay of "The Mask"
<\p> I agree. Why now after all this time?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.