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Senators join suit over Obama’s constitutional powers (Recess appointments)
The Washington Times ^ | September 26, 2012 | Stephen Dinan

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 Senate’s 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. Obama’s 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. Obama’s questionable appointments were part of the board at the time.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: nlrb; obama; recessappointments; ussenate
Five sitting Repubs didn't sign on: Brown, Heller, Snowe, Murkowski and Kirk(recovering from stroke).
1 posted on 09/26/2012 3:16:24 PM PDT by jazusamo
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To: jazusamo

Is Congress officially in a recess now?


2 posted on 09/26/2012 3:18:48 PM PDT by tbw2
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To: jazusamo

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.


3 posted on 09/26/2012 3:24:59 PM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: jazusamo
And we're supposed to believe that gutless, spineless McConnell is going to do exactly WHAT? This bozo couldn't perform the duties of a homeless vagrant.
4 posted on 09/26/2012 3:26:12 PM PDT by MasterGunner01
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To: tbw2
I believe both the Senate and House are scheduled to reconvene on Sept 28, don't know if they're just adjourned or in recess.
5 posted on 09/26/2012 3:27:44 PM PDT by jazusamo ("Intellect is not wisdom" -- Thomas Sowell)
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To: MasterGunner01

These are the same people that gave obama’s Supreme Court nominees the green light.


6 posted on 09/26/2012 3:30:04 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: jazusamo

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.


7 posted on 09/26/2012 3:33:37 PM PDT by Jacquerie (Exterminate rats.)
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To: jazusamo

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.


8 posted on 09/26/2012 3:34:14 PM PDT by Delhi Rebels (There was a row in Silver Street - the regiments was out.)
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To: jazusamo

About freaking time! This should have been done DAY ONE. Nice leadership, McConnell.


9 posted on 09/26/2012 3:37:19 PM PDT by NonValueAdded (Obama gives us the gift of downward mobility)
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To: NonValueAdded

Spot on!


10 posted on 09/26/2012 3:39:04 PM PDT by jazusamo ("Intellect is not wisdom" -- Thomas Sowell)
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To: jazusamo

Just once I would like to see wrongs righted in this presidency. I don’t expect much from this either though.


11 posted on 09/26/2012 3:58:42 PM PDT by TXLady
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To: TXLady
I couldn't agree more. Would love to see a slap down that would wipe the smirk off his face but like you I don't believe this will be it.
12 posted on 09/26/2012 4:03:16 PM PDT by jazusamo ("Intellect is not wisdom" -- Thomas Sowell)
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To: Delhi Rebels
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.

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"


13 posted on 09/26/2012 4:10:03 PM PDT by COBOL2Java (I'm not voting for Obama, so therefore I must be helping Romney!)
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To: NonValueAdded
"About freaking time! This should have been done DAY ONE. Nice leadership, McConnell."

<\p> I agree. Why now after all this time?

14 posted on 09/26/2012 5:04:44 PM PDT by lwoodham (I am Andrew Breitbart. Don't doubt me on this.)
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To: jazusamo
When harsh language and sternly worded letters don't work...
15 posted on 09/26/2012 5:24:26 PM PDT by Tex-Con-Man (T. Coddington Van Voorhees VII 2012 - "Together, I Shall Ride You To Victory")
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