Did Obama Violate the Constitution?

News

/ January 26, 2013

President Barack Obama’s recent appointments to the National Labor Relations Board may have violated the Constitution when he bypassed the Senate last year, a federal appeals court ruled Friday.

AP reports that Obama filled the three vacancies of the labor board on Jan. 4, 2012 when Congress was on an extended holiday break. GOP lawmakers tried to prevent the Prez from making such appointments every three days while the White House argued that the pro-forma sessions — some lasting less than a minute — did not count.

Under the Constitution, a recess occurs only during the breaks between formal year-long sessions of Congress, not any informal break when lawmakers leave town. Presidents can bypass the Senate only when administration vacancies occur during a recess.

Should the decision of the U.S. Court of Appeals for the D.C. Circuit stand, it could invalidate hundreds of board decisions made by O over the past year, including some that make it easier for unions to organize.

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