LAXintl
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Court: Obama N.L.R.B Appointments Unconstitutional

Fri Jan 25, 2013 10:59 pm

In what could muddy waters for the airline industry, Federal Appeals Court found that National Labor Relations Board decisions during the past year are invalid because President Obama exceeded his constitutional authority when appointing three member board last January while Senate was in recess.

Story:
http://nbcpolitics.nbcnews.com/_news...-on-finance-protection-agency?lite

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N62NA
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Fri Jan 25, 2013 11:31 pm

At the risk of getting political, and I'm not holding this opinion because it was Obama / a Democrat that made these appointments, but to claim the Senate was in recess was so blatantly inaccurate... this would have HAD to be overturned at some point. Glad that the plaintiffs brought suit (and won).
 
BlatantEcho
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Fri Jan 25, 2013 11:40 pm

What's the Constitution? That isn't still used in the US is it?
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Dreadnought
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Fri Jan 25, 2013 11:54 pm

Quoting LAXintl (Thread starter):
appointing three member board last January while Senate was NOT in recess.

Just correcting a typo, I suppose. Congress had reconvened after the holidays on Jan 3rd. Obama made the appointments on the 4th.
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L-188
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Fri Jan 25, 2013 11:54 pm

I thinking is a big reach to get Obummer to follow the constitution.

This ruling is welcome but expect him to appeal.
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Tugger
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 12:11 am

I don't disagree in general but I do disagree with the tendency for legislatures to "hold hostage" and not approve anyone or allow anyone to be approved. It's game playing on both sides rather than actually working and getting the job of the country done.

Tugg
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Dreadnought
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 2:50 am

Quoting tugger (Reply 5):

I don't disagree in general but I do disagree with the tendency for legislatures to "hold hostage" and not approve anyone or allow anyone to be approved.

That is part of our checks and balances. Lacking a sufficient party majority, he must appoint people respectable and centrist enough to be approved.

As it is, last year the Republican-controlled House and the Senate passed a law reducing the number of positions requiring Senate approval by something like 20%. So it's hardly the GOP that is holding everything hostage. The Senate has approved, with GOP agreement, hundreds and hundreds of Obama appointees.

If he can't get some people passed, it indicates more of a problem with the candidates than with the process.
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Tugger
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 4:06 am

Quoting Dreadnought (Reply 6):
That is part of our checks and balances. Lacking a sufficient party majority, he must appoint people respectable and centrist enough to be approved.

As it is, last year the Republican-controlled House and the Senate passed a law reducing the number of positions requiring Senate approval by something like 20%. So it's hardly the GOP that is holding everything hostage. The Senate has approved, with GOP agreement, hundreds and hundreds of Obama appointees.

If he can't get some people passed, it indicates more of a problem with the candidates than with the process.

Yes and no. The problem is not "just" one side's (aka the Dems or he President's), the Republican's also appeared unready to accept anyone the President would have found acceptable. Remember a key Republican plank last term was to have the President "fail" and part of the form that took was essentially objecting to whatever the President offered. Almost every idea, almost every comment. I am trying to remember when the Republicans made any kind of conciliatory comments towards the President last terms. What there was was very few and far between. Most everything was attacked and criticized. And it still is. Both sides need to be willing to work together and that has not, and is not happening very often.

I am not laying all blame on the Republican's, I am merely responding to your comment which applied little to no blame there.

Tugg
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Mir
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 4:07 am

Quoting N62NA (Reply 1):
At the risk of getting political, and I'm not holding this opinion because it was Obama / a Democrat that made these appointments, but to claim the Senate was in recess was so blatantly inaccurate... this would have HAD to be overturned at some point.

To claim that the Senate wasn't in recess is also pretty shady. If I'm not mistaken, all they did was have a couple of people there to gavel a session into order, wait around for a few hours and then adjourn for the day. Technically I guess they were in session, but I'd really like to see a rule that you need to have a quorum of members present on a particular day in order for it to be considered an actual session.

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Okie
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 4:10 am

Quoting L-188 (Reply 4):
This ruling is welcome but expect him to appeal.

Just not sure exactly what there is to appeal unless that is a stalling process.
Article II, Sec 2, Clause 2 of the Constitution is pretty explicit. The only other president to try and get around Article II of the Constitution for appointments was Andrew Johnson whom was Impeached for bypassing Congressional approval for appointments.

Quoting L-188 (Reply 4):
I thinking is a big reach to get Obummer to follow the constitution

Was it not just in the last few days a graduate of constitutional law put his hand on not one but two bibles and swore to uphold the constitution or am I confused.

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Dreadnought
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RE: Court: Obama N.L.R.B Appointments Unconstitutional

Sat Jan 26, 2013 4:17 am

Quoting tugger (Reply 7):
The problem is not "just" one side's (aka the Dems or he President's), the Republican's also appeared unready to accept anyone the President would have found acceptable.

It's the president's job to appoint people who are acceptable to the Senate. He can't just appoint any old clown (and he has tried to appoint a few of those - remember Van Jones, Cass Freeman, Erroll Sothers and others?)

Quoting tugger (Reply 7):
Remember a key Republican plank last term was to have the President "fail"

One senator's poorly chosen words are not a platform.
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