It’s Unconstitutional, Bitches!

Do you remember that when John Roberts declared that the health care law was a tax, and therefore constitutional, someone in the Obama administration wrote: “It’s Constitutional, Bitches!”? I will probably never forget.

Today, a federal appeals court informed Obama that his “recess” appointments, made when congress was still in session, are unconstitutional.

Not that it matters. I’m sure the Supremes will help him out if needed, or he will just ignore the ruling.

In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess.
The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and the board no longer has a quorum to operate.
But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intrasession” appointments — those made when Congress has left town for a few days or weeks.
The judges signaled the power only applies after Congress has adjourned a session permanently, which in modern times usually means only at the end of a year. If the ruling withstands Supreme Court scrutiny, it would dramatically constrain presidents in the future.

It may constrain presidents not named Obama. He can do whatever he wants – and he will.

- Aggie

6 Comments »

  1. judi said,

    January 25, 2013 @ 3:23 pm

    It’s getting to be funny when Obama does something, or hints at doing something that is unconstitutional and Republicans start to yell, “Hey, he can’t do that!” Really? What’s going to happen? Will John Boehner go up to the podium and cry about it? Will Sean Hannity go on and on about it? Will The Five put Bob Beckel in his place? Will I link a Daniel Greenfield story to my family to read? Will I print and file all of the important articles and information I find so I’ll have it when the government kills the internet? Yes. But what difference will it make?

    Thank you Mark Levin for actually doing something. Does this mean the appointments are void now?

  2. Buck O'Fama said,

    January 25, 2013 @ 7:29 pm

    Judi, the appointments (and any decisions made by the NLRB where most of the voided appointments are) are void pending an appeal to the SCOTUS who, if they decide to review the decision, will most likely decide those appointments are actually a tax.

    The truth of the matter is there isn’t much the Congress and/or the Court can do when the president decides to ignore them. The latter is basically the law enforcer, and commands the FBI, DOJ, the Military, etc. What “muscle” does the Congress have, a few dozen Sergeant-At-Arms? Remember Jackson’s alleged quote, “John Marshall has made his decision; now let him enforce it!”.

    I wonder what kind of conflict would erupt if the president blatantly decides to ignore a law passed by Congress or a decision made by the Court. I often wonder what would’ve happened if Nixon refused to turn over his tapes as ordered. Whatever else he was, Nixon was concerned with the good of the country; he tried to weasel and dodge with legalities but when faced with a no-legal-way-out demand, he put country ahead of ego and yielded to the court. Funny, but I have no such confidence Obama would do the same.

  3. Bloodthirsty Liberal said,

    January 25, 2013 @ 8:35 pm

    I believe that in order to save face, the Supremes will find for the White House. Because Judi and Buck are correct, Obama can do whatever he wants. And he will.

    - Aggie

  4. Judi said,

    January 27, 2013 @ 7:58 am

    All true. As I have little hope for things to turn around in this country, I have been a little more invested in my own life and it has been fun. Yesterday we visited a private art college with my daughter who wants to study fashion. I’ve spemt the last several years trying to figure out practical careers my kids could pursue that mught help them survive as the country falls apart. Fashion design is not one of them. And an expensive private school was not in my plan. Afterward my husband asked me what I thought. I said, “Well, as long as the country is going down the crapper, our kids may as well enjoy four years at a beautiful college”. At this point in time, what difference does it really make?

  5. Bloodthirsty Liberal said,

    January 27, 2013 @ 8:27 am

    Actually, Judi, they can make a good living in fashion. I know a kid who surprised her parents with that and it worked. The issue is the very long hours…

    - Aggie

  6. Judi said,

    January 27, 2013 @ 1:44 pm

    I was also worried about my older daughter who decided to become an interior designer but she is a hard worker and has been employed for 10 years, and loves her job. It’s a fine line between helping my kids make practical descisions and killing their ambition. One of my neighbors growing up was Cynthia Rowley and she seems to be doing alright.

    I’ve had some pretty grand ideas myself. Maybe I should actually give one of them a try!

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