(INTELLIHUB) — The AP reports that President Obama by-passed the Senate when he appointed several politicians to the National Labor Relations Board last January and last Friday a D.C. Circuit Court of Appeals decided that the appointments were in violation of the U.S. Constitution.
According to the article:
“Obama made the recess appointments after Senate Republicans blocked his choices for an agency they contended was biased in favor of unions.
Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.”
President Obama played politics a bit here by trying to appoint these members while the Senate was away on holiday, but Capitol Hill lawmakers were carrying on shenanigans of their own.
They gaveled in and out of session for short periods of time, just to make sure that Obama would not be able to get the appointments through while they in were in recess.
The U.S. Court of Appeals for the D.C. Circuit set a precedent with their ruling that the nominations were in violation.
The article also stated that:
“The three-judge panel flatly rejected arguments from the Justice Department’s Office of Legal Counsel, which claimed that the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.”
“Allowing the president to define the scope of his own appointment power would eviscerate the Constitution’s separation of powers,” Chief Judge David Sentelle wrote in the 46-page ruling.””
This water-shed decision has caused a lot of hullabaloo in Washington and the Justice Department has alluded to the fact that they will try to get the decision overturned by the Supreme Court.
“”With this ruling, the D.C. Circuit has soundly rejected the Obama administration’s flimsy interpretation of the law, and (it) will go a long way toward restoring the constitutional separation of powers,” said Sen. Orrin Hatch, R-Utah.