Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Yes, President Obama, the Constitution applies to you, too (Surprise, surprise. He's not the king)
FOX News.com ^ | January 25, 2013 | Loyd Green

Posted on 01/25/2013 5:33:17 PM PST by Kaslin

Sometimes, Barack Obama acts like the Constitution does not apply to him and the Congress is an imaginary being. Friday, the United States Court of Appeals brought the president back to Earth and reminded him that that the Constitution’s Appointments Clause and the U.S. Senate are very much part of reality by voiding three of Obama’s recess appointments to the National Labor Relations Board.

The D.C. Circuit ruled that the president could not end-run the confirmation process merely because at the beginning of 2012 the U.S. Senate was meeting every three business days in, what lawyers call, pro forma session. Oh, and during that pro forma session the Senate was also busy passing the payroll tax extension. Some pro forma session.

In its decision, the Court made clear that our president answers to Article II, Section 2, Clause 2 of the Constitution which, in the words of the Court, “provides that the president ‘shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.’

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


TOPICS: Constitution/Conservatism; Editorial
KEYWORDS: constitution; nlrb; recessappointments

1 posted on 01/25/2013 5:33:23 PM PST by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

Sometimes?


2 posted on 01/25/2013 5:35:29 PM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: P-Marlowe

Good point


3 posted on 01/25/2013 5:42:38 PM PST by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Obama will ignore the court’s decision. Without consequence.


4 posted on 01/25/2013 5:50:09 PM PST by karnage
[ Post Reply | Private Reply | To 1 | View Replies]

To: karnage

Or he’ll snap.


5 posted on 01/25/2013 5:59:03 PM PST by null and void (Gun confiscation enables tyranny. Don't enable Tyranny)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kaslin

Unfortunetly he’s to stupid to understand this.


6 posted on 01/25/2013 6:02:14 PM PST by bikerman (Gun control does nothing to stop gun violence. But then, Washington specializes in the art of doing)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karnage

He most certainly will.


7 posted on 01/25/2013 6:20:34 PM PST by Gator113 (Leave my guns alone and REGISTER THE DAMN LIBERALS!!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kaslin

This should be interesting....our King does not like it at all to be rebuked ...

Especially by mere lower beings likes like appeals court justices...

I mean just who in the hell l do they think they are..?


8 posted on 01/25/2013 6:27:53 PM PST by JZoback
[ Post Reply | Private Reply | To 1 | View Replies]

To: JZoback

I don’t think he gives a sh#t


9 posted on 01/25/2013 6:41:59 PM PST by dontreadthis
[ Post Reply | Private Reply | To 8 | View Replies]

To: JZoback

This will be interesting to watch. Dictators do not like to be dictated to, and Obama is no exception. However, it’s often very minor events that take them down. This could be that minor event that takes down a tyrant.


10 posted on 01/25/2013 6:45:11 PM PST by rarestia (It's time to water the Tree of Liberty.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: dontreadthis

“I don’t think he gives a sh#t”

I just read another article in which the guy who is the head of the NLRB said it didn’t matter and they were going full steam ahead. It would be really nice, instead of the plaintiffs having to file another action to redress this matter, that the Appeals Court would haul this bastard before it hold him in contempt and jail him!


11 posted on 01/25/2013 6:47:24 PM PST by vette6387
[ Post Reply | Private Reply | To 9 | View Replies]

To: Kaslin

You forgot to mention that the NLRB Chair said today the Court can go f*** itself and that the Board will continue as before. And who’s going to stop them?


12 posted on 01/25/2013 6:47:29 PM PST by pabianice (washington, dc ..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: pabianice
Another thing I haven't heard mentioned. Aren't "recess appointments" temporary -- extending only to the end of the next session?

And, with the closing of the 112th Congress on December 31, have not the appointments expired?

Are not these appointees not only ignoring the Court, but now actually ignoring the very rules governing their appointment?

13 posted on 01/25/2013 6:52:54 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
[ Post Reply | Private Reply | To 12 | View Replies]

To: pabianice

“who’s going to stop them?”

AKA, “What does it matter?”

Do we REALLY think ANY court in the US will uphold the law? Do we REALLY think all those communists in 0bama’s government don’t believe they are above the law and on 0bama’s or Holder’s personal speed dial?


14 posted on 01/25/2013 6:53:16 PM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
[ Post Reply | Private Reply | To 12 | View Replies]

To: bikerman

“Unfortunetly he’s to stupid to understand this.”

Actually, it isn’t stupidity (mostly) just arrogance.


15 posted on 01/25/2013 6:54:27 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
[ Post Reply | Private Reply | To 6 | View Replies]

To: pabianice

I think we can expect that Obama is going to push the boundaries, because he knows that the United States of America is really something founded on morals and ethics that are voluntary.

That is the Democrats agenda... to push everything outside the box of the traditional morals and ethics and seize power like a Tsunami. They are actually doing an amazing job.

There is no one who can stop Obama that any of us can recognize as an authority.. and it doesn’t look like anyone is willing to even try.

He knows that.

We keep accepting less and less, thinking he is going to slow down. It is probably human nature- but Hey I am also not willing to risk my family and life to be the only one to charge out there and fight alone the entire government, all by myself.

are you? ( I am going to guess -no)

No one is. That is what we are facing. There isn’t anyone at all organized to push back. The Republicans are on the plantation. They are fat and happy. They are not going to help us.


16 posted on 01/25/2013 6:57:00 PM PST by Truth2012
[ Post Reply | Private Reply | To 12 | View Replies]

To: dontreadthis
I don't think he gives a shit

You are probably right, but the guy is so thin skinned he will probably double down on stupid just to make a point...after all he thinks and acts like a King...who have divine rule

Who are they to tell a divinely appointed one he is under The Law" ?

17 posted on 01/25/2013 6:58:56 PM PST by JZoback
[ Post Reply | Private Reply | To 9 | View Replies]

To: JZoback

a snide remark at the state of the union, perhaps


18 posted on 01/25/2013 7:07:50 PM PST by dontreadthis
[ Post Reply | Private Reply | To 17 | View Replies]

To: vette6387; pabianice

What I wish would happen now is for the plaintiff’s to take the statement to the appellate court and get an immediate injunction barring the NLRB from meeting any further and from attempting to enforce any rules they have already imposed.


19 posted on 01/25/2013 8:08:12 PM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 11 | View Replies]

To: karnage
Obama will ignore the court’s decision. Without consequence.

You got that right. Nothing will stop this communists King.

20 posted on 01/25/2013 8:52:35 PM PST by Logical me
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kaslin
The NLRB has already announced they will ignore the decision, and this is actually nothing new; this administration has a history of ignoring the first decision of a Federal Court if it goes against them.

However, contrary to what some people are posting on this thread, Federal Judges (even liberal ones) do not like having their decisions ignored, and the next ruling will have punitive consequences in addition to injunctive relief if the NLRB continues on this path.

Stalin's maxim has always applied to this administration, "Thrust the bayonet. If you feel belly, push harder. If you feel steel, withdraw." I predict this court will not be mocked.

21 posted on 01/25/2013 9:05:45 PM PST by FredZarguna ("The first thing we do, let's kill all the lawyers." -- Henry the Sixth Part II, 4.2.71-78)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FredZarguna
"I predict this court will not be mocked."

It's too bad the legislative branch won't defend their prerogatives as zealously.

22 posted on 01/25/2013 9:09:37 PM PST by Flag_This (Real presidents don't bow.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Truth2012
That is the Democrats agenda... to push everything outside the box of the traditional morals and ethics and seize power like a Tsunami. They are actually doing an amazing job. There is no one who can stop Obama that any of us can recognize as an authority.. and it doesn’t look like anyone is willing to even try.

That's scary stuff but it rings true. What's to be done?

I'm afraid that as long as we have football and beer no one will care.

23 posted on 01/25/2013 9:10:35 PM PST by MV=PY (The Magic Question: Who's paying for it)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Kaslin

Maybe the first time in his life anybody ever said “no” to Obama - he’ll be furious.....


24 posted on 01/25/2013 9:14:17 PM PST by Intolerant in NJ
[ Post Reply | Private Reply | To 1 | View Replies]

To: Flag_This
Agreed.

Hard to imagine a more servile Majority Leader in the history of the Senate than Dingy Harry; or a less effective opposition than Boehner and his cronies.

25 posted on 01/25/2013 9:20:31 PM PST by FredZarguna ("The first thing we do, let's kill all the lawyers." -- Henry the Sixth Part II, 4.2.71-78)
[ Post Reply | Private Reply | To 22 | View Replies]

To: combat_boots

“Do we REALLY think ANY court in the US will uphold the law?”

A court just did, right? I agree with you on the second bit.


26 posted on 01/25/2013 9:34:41 PM PST by Owl558 ("Those who remember George Satayana are doomed to repeat him")
[ Post Reply | Private Reply | To 14 | View Replies]

To: Owl558

Bookmark


27 posted on 01/25/2013 10:04:28 PM PST by publius911 (Look for the Union Label -- then buy something else)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Owl558

“A court just did, right?”

Yes. A decision without teeth. And we now know what a ‘Roberts’ is, and what cut judges expect to receive for their ‘decisions.’


28 posted on 01/26/2013 3:32:29 AM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
[ Post Reply | Private Reply | To 26 | View Replies]

Bye, guys and gals.


29 posted on 01/26/2013 3:50:28 AM PST by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

He can appeal the decision, and if he loses again, all of the over 100 labor decisions that have been made by these illegal appointees are illegal!!


30 posted on 01/26/2013 8:51:17 AM PST by thirst4truth (www.Believer.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: thirst4truth

Aren’t the decisions illegal now?


31 posted on 01/26/2013 9:01:00 AM PST by Euker
[ Post Reply | Private Reply | To 30 | View Replies]

To: FredZarguna

It would be sweeeeeeeeeeeet if the USSC declined to hear an appeal and simply let the ruling stand.


32 posted on 01/26/2013 10:58:14 AM PST by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Sola Veritas

It is either arrogant stupidity or stupid arrogance, I’m not sure how to tell one from the other.


33 posted on 01/26/2013 8:35:17 PM PST by RipSawyer (I was born on Earth, what planet is this?)
[ Post Reply | Private Reply | To 15 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson