Posted on 01/25/2013 12:16:49 PM PST by Red Steel
Just amazing how flippin’ the WH is the business of the nation!
I've never litigated a case under the defacto officer doctrine, but my 2 minutes research leads me to believe that the decisions and orders should be invalid. The defacto officer doctrine holds that, except for parties to a law suit seeking to have them declared invalid, the actions of an apparent office holder are valid. The rule provides for finality in actions, because the public doesn't have to go and conduct an extensive back ground check on every public officer, just in case there is something that would invalidate their appointment/election.
The portion of the defacto officer doctrine applicable here is:
the duties of the office were exercised under color of a known election or appointment, [and are]void because the officer was not eligible, or because there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being unknown to the public.(emphasis added)
Here the "defect" in the appointment, it was a recess appointment while the Senate was not in recess, was well known, and was the cause of an immediate outcry. This is not a case where BO appointed somebody to an office, and he found out later that they got busted with 1/10 of an ounce of pot in 1969, and are a felon. Here BO deliberately claimed to make a recess appointment of a nominee that the Senate was considering, but had not approved of, while he knew the Senate was not in recess. Allowing that nominee to serve for a year strips the Senate of its power to approve Federal Officers. If the nominee's acts are valid until his appointment is ruled invalid by the Courts, BO can reappointment him this evening, while the Senate is in recess for the night, and just keep reappointing him every time he loses a law suit.
I’ll bet that Barry went ballistic.
= = = = = = = = = = = = = = = = = = =
I heard that he started stomping his feet and held his breath for so long he passed out - then they sent him to bed without his supper.
It is amazing how Obama can bash the other branches of government and the media stands mute - and even attacks a representative of the other branches when they fight back - witness the savaging of Alito’s reaction to Obama attacking the Supremes during a State of the Union address.
Mark Levin regularly reminds his audience of his admiration for Ed Meese.
The appointments were clearly unconstitutional. Our once House of Representatives, vs. our current House of Eunuchs, jealous of its constitutional prerogatives would have impeached Bam in a moment. How far we have fallen.
That says he “may, on extraordinary occasions,” and let’s just assume he has arbitrary power to characterize the occasion. Did he in this case either convene or adjourn Congress? No. Can he at the same time allow it to be in session to do whatever dirty work needs doing or save us at the last second from whatever phony crisis they’ve conjured this month? No.
Congress cannot not be in session for the purpose of confirming NLRB board members and at the same time be in session for everything else. If Obama wants to adjourn them for the minute or so it would take for appointment by fiat, then immediately reconvene them, he at least has to say so.
Oh, unless it shall be deemed that Congress wasn’t in session even though it was, like how they deemed Obamacare was legally passed even though it wasn’t.
Can he at the same time have it be and not be in session for different purposes was supposed to be my question in the last line of the first paragraph, which was muddled.
Things have been pretty grim since November. But I read this article and the similar others with a hugh smile on my face.
YES!!
The only question now is do the states start executing NLRB members or throw them in jail?
“Outrageous! Outrageous!”, bloviated Carney, “This foolish court has rejected the obvious historical fact that day *is* night, up *is* down, and wrong *is* right! Bah! It is obviously racism on their part! They just hate seeing a successful black man doing what He *wants* to do! They are not worthy to worship Him at His feet!”
Actually all businesses can just not abide by any of the 216 rulings and tell the shop steward he will be fired for insubordination if he raises a row
It is not required to obey a rule that isn’t
Since our King (Obama) has the constitutional authority to convene Congress to resolve this issue of the recess appointments, he instead just decided to bypass the laws...
Maybe pushing thought his pro union crony's on the NLRB wasn't extraordinary or didn't want to see the light of day..
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.