The US Supreme Court says A 150 year rule used by previous Presidents is not allowed for use by President Obama. Is it the Law or is it Mr. Obama’s 50% African American Blood?

President Obama has used far fewer Recess Appointments, only 29 as compared to George W Bush’s 171; Bill Clinton’s 139, George W.H. Bush 77 and the Republican Greek god Ronald Reagan’s 243 times.

 

The Republicans and their Right-Wing Trolls are going to complain about the race card being used, however, the truth of the matter is that whatever President Obama does it is deemed a Violation one way or the other. None of these escapades transpired when 100% White Presidents was using the 150 year rule, but since becoming President, “race has been used against Obama Front and Center.”

 

“When one branch of government routinely abuses its constitutional power in order to prevent another from functioning, the Supreme Court is expected to take notice and stop the abuse. Unfortunately the court failed to do so on Thursday in an important balance-of-power case, raising the prospect that President Obama and his successors could have trouble making necessary appointments to executive posts as the nation’s politics become more sharply

 

The court invalidated a series of appointments Mr. Obama made to the National Labor Relations Board in 2012, at a time when Republicans were blocking all nominations to the board, regardless of merit, to prevent pro-union decisions. Mr. Obama had erred, the court said, by declaring the Senate in recess at a time when it was holding short pro forma sessions every three days when nearly all members were on vacation and no real business was being transacted. Though Article 2 of the Constitution gives the president power to make recess appointments, the unanimous opinion of the court was that these pro forma sessions did not constitute a recess because “the Senate is in session when it says it is,” as long as it is capable of conducting business.

 

This view is willfully blind to the real purpose of the pro forma sessions, which were held solely to thwart the president from making recess appointments. No real legislating can take place when virtually all members are out of town — as the Senate’s official website says, “no business is conducted at these sessions.” The fact that during one session the presiding officer rubber-stamped a payroll tax deal that had been reached the week before — cited by the court as proof of real business — doesn’t change what everyone in Washington knew was really going on.

The opinion, written by Justice Stephen Breyer, did at least preserve the theoretical right of presidents to make recess appointments at any time when Congress is closed for more than 10 days. In so doing, it reversed the bizarre prescription of the United States Court of Appeals for the District of Columbia Circuit that such appointments can only be made between sessions of Congress, and then only when vacancies occur during that limited recess. An expansive interpretation of recesses has prevailed since the beginning of the republic, Justice Breyer wrote, showing a regard for history not shared by Justice Antonin Scalia and three of his conservative colleagues, who wrote a concurring opinion that supported the circuit court’s ruling.” [NYT]

 

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PRESIDENT OBAMA SUPREME COURT RECESS APPOINTMENT

 

 

 

http://nyti.ms/1mj9VrQ

 

 

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