Federal Appeals Court Tells Obama He Violated the Constitution and Abused Power

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A federal appeals court has ruled that President Obama violated the Constitution when he bypassed the Senate to fill vacancies on the National Labor Relations Board. This is the US Court of Appeals for the DC circuit. It said that Obama did not have the power to make recess appointments earlier this year to the NLRB. The Senate was not in recess. I’ll never forget this. The Senate wasn’t in recess and he made recess appointments.

There was barely any outrage over that. I mean, there was outrage here because the Constitution’s revered here on this program, but out there in the hinterlands, it was, “Well, so what? Obama was elected, he should be able to put whoever he wants on these boards. We love the government. The government’s looking out for us. The government’s taking care of us. The National Labor Relations Board is making sure the people who have jobs have good relations. What’s the point? What does it matter who Obama — shouldn’t he have his people in there?” This is the reaction. What difference does it make? What difference does it make because, hell, Obama won, and who says he can’t do what he wants to do? That’s what his supporters are all saying.

Well, there’s this thing called the Constitution. Now, the president said that he acted properly because the Senate was away for the holidays. That may have been, but they were not shut down. The court says that the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called pro forma session. I remember this quite well. I forget the specific reason, but there was a reason why they didn’t, the Senate — Harry Reid was playing games. I think there was a way for the president to do what he did. Reid was playing games, shutting the place down for a couple hours or a couple of days and Obama would make his appointments.

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