Wasn’t Obama a Constitutional law professor or something?
(CNSNews.com) – The U.S. Court of Appeals for the District of Columbia ruled today that if the word “the” in the U.S. Constitution carries its customary meaning—which the court forcefully affirmed it does—then President Barack Obama violated the Constitution and usurped power from Congress by appointing persons to federal office without securing the constitutionally required consent of the Senate.
On Jan. 4, 2012, Obama unilaterally named three people to the National Labor Relations Board (NRLB). The Senate—by a unanimous agreement of all 100 senators—had said that it was in fact still in session that day and not in the recess.
Yet despite the Senate’s unanimous declaration that it was in session, Obama unilaterally determined the Senate was in fact in “recess” on Jan. 4, 2012 and that he could therefore use the Constitution’s recess appointment power to directly appoint his three choices to the five-member National Labor Relations Board, thus denying the Senate its constitutional power to confirm or reject them.
Obama’s action was challenged in federal court by Noel Canning, a Pepsi distributor. The company argued that when the NRLB ruled against it in a dispute decided in February 2012, the board did not have its legally-required quorum of three members because Obama’s three recess appointments were not constitutional.