This morning, the Supreme Court heard arguments about one of the clear instances in which president Obama overstepped his authority under the Constitution. Today, the issue was so called "recess appointments". Under the Constitution, the president can nominate people to fill certain federal offices and the Senate must then confirm those appointments. The only exception comes when the Senate is in recess; at that point, the president can make an appointment for a shortened term. These special appointments are the "recess appointments". In the case before the Court, Obama had nominated some people to the National Labor Relations Board, but the Senate had not yet acted. The Senate was in session by holding pro forma meetings every three days. Despite these sessions by the Senate, Obama announced that the Senate was not really in session, so he was making a recess appointment. Simply put, Obama decided that he, not the Senate, should decide when the Senate is in session.
Judging from this morning's argument, it seems pretty clear that Obama's appointments are going to be struck down along with all of the actions that they took while in office. Two justices that Obama would surely need to win, Elena Kagan and Steven Breyer indicated hostility to the Obama position. They made clear that they would not ignore the clear language of the Constitution in favor of some other argument put forward by the Justice Department.
What all this means is quite simple: the Constitution still controls our government. It also means that Obama's attempt to avoid the requirements of the law have resulted in just about three years of activity by the NLRB, all of which will now have to be thrown out.
When some of the similar moves by the Obamacrats in connection with Obamacare meet a similar fate, we may see the edifice of that law crumble like the activities of the NLRB.
Judging from this morning's argument, it seems pretty clear that Obama's appointments are going to be struck down along with all of the actions that they took while in office. Two justices that Obama would surely need to win, Elena Kagan and Steven Breyer indicated hostility to the Obama position. They made clear that they would not ignore the clear language of the Constitution in favor of some other argument put forward by the Justice Department.
What all this means is quite simple: the Constitution still controls our government. It also means that Obama's attempt to avoid the requirements of the law have resulted in just about three years of activity by the NLRB, all of which will now have to be thrown out.
When some of the similar moves by the Obamacrats in connection with Obamacare meet a similar fate, we may see the edifice of that law crumble like the activities of the NLRB.
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