Ed Meese

Ed Meese

A federal court ruled today that President Obama acted unconstitutionally when he used his recess appointment power to name three people to the National Labor Relations Board.

The court ruled that the president could only fill vacancies with the recess appointment procedure if the openings arise when Congress is in an official recess. At the time of the President’s appointments, the Senate was in session.

This ruling comes one year after Ed Meese, a Heritage Foundation legal expert who served as Ronald Reagan’s Attorney General, published an article  in The Washington Post explaining that President Obama acted unconstitutionally:

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.

Today, the Washington Post calls this ruling, “an embarrassing setback for President Barack Obama,” which, if upheld could “invalidate hundreds of board decisions.”

Do you think President Obama violated the Constitution with these appointments?

Comments (5)

Kent Martin - January 25, 2013

Obama does what he likes! Hope it gets him in trouble someday! Any man that would use Jesus to gain his selfish desires needs mental help! I hope I am there when he stands before Jesus! I want to hear himself con God! Squirm Bammy Squirm!

Rodger Lewis - January 25, 2013

Thank you Heritage and Gen. Meese. Let’s hope the ruling stands and that the liberal media are unable to cover up for B.O. and Holder ignoring the law (again). This elitist regime has the gall to answer important legal and security questions as Hillary did, “what does it matter?” It matters a lot, if we are a nation ruled by laws and ethics.

June Lagan - January 26, 2013

Obama doesn’t believe in the Constitution. He swore ON TWO BIBLES to “preserve, protect and defend the Constitution of the United States, so help me God”. But sine he doesn’t believe in God either that MEANS NOTHING to him.
I hope all other appointments that were in violation of the Constitution come back to bite him!.
He cares nothing for the rights of THE PEOPLE!
God help America!!!

pbogue - January 28, 2013

We should not be surprised by a failure to adhere to the rule of law by the POTUS. An examination of his background reveals a lifetime steeped in Marxism as well as Islam. We see in his actions and hear in his speeches the extreme ideologue whose life is devoted to destroying the US economy and military, and strengthening central government. Charles Krauthammer was correct when he pointed out that the POTUS will say one thing and do the opposite. The only thing he was truthful about was his promise to fundamentally transform America, and that implementing his plan would necessarily cause electricity to skyrocket. Conservatives need to remind the public of everything the POTUS has said and done to bring down the USA. His and his supporters’ actions seem like an unchallenged coup to me.

Kathy Baratelli - June 27, 2014

Yes, President Obama has continually refused his duty as POTUS to protect Americans foreign and abroad and has done much harm to the United States with his left-wing policies.

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