Obama’s Recess Appointments: Unconstitutional

Score one for the Constitution.  On Friday, the U.S. Appeals Court of the District of Columbia ruled that Obama’s appointments to the NLRB while the Senate wasn’t in session were unconstitutional.

The reason?  The court, in its opinion, actually referenced the ruling document of the nation and found that it says that the “President shall have the Power to fill up all Vacancies that may happen during the Recess of the Senate.”

They found one word to be overriding, “The”.  Not “a” recess, not “a” break, but “THE RECESS.”  In other words, the Senate is in recess means the break at the very end of each Congressional session.  So lunch or a holiday break doesn’t count.

ABC News has the story:

So: Today, the D.C. federal appeals court said presidents have to stop all this flim-flammery about the word “recess.”

The three-judge panel focused on a different word in that constitutional clause: “the.”

Look again. The Constitution says presidents can fill up vacancies “that may happen during THE recess of the Senate.”

In the court’s opinion, the only recess that counts is the official and formal recess declared at the end of every congressional session—not summer break or spring break or Christmas break or all the other breaks the Congress has during the year. The last one–that, the judges declared, is “THE recess.”  Read more….

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