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President Obama’s Abuse of Executive Power
President Barack Obama, left, speaks to supporters during a campaign fundraiser in Denver, May 23, 2012. President Richard Nixon sits at his desk in the oval office of the White House in this Sept. 16, 1974 file photo. (Ed Andrieski/AP Photo; David Hume Kennerly/Getty Images)
by Joe Wolverton, II, J.D. / The New American
In an opinion article published October 10 in the Washington Post, political commentator George Will describes one of President Barack Obama’s latest “abuses of executive power.” Writes Will:
On Jan. 4, [President Obama] used recess appointments to fill three seats on the National Labor Relations Board (NLRB), even though the Senate said it was not in recess. Obama’s cheeky Humpty Dumpty rejoinder was: I decide what “recess” means.
Now a court must decide whether the Constitution means what it says.
In 2011, the Noel Canning company, which bottles soft drinks in Yakima, Wash., was negotiating a labor contract with Teamsters Local 760. The union says it and the company reached a verbal agreement. The company disagrees. An administrative law judge sided with the union. On Feb. 8, after Obama’s disputed appointments, the NLRB upheld that decision and asked a federal court to enforce it. Noel Canning is asking the court to declare that the NLRB’s intervention in the dispute was unlawful because the board lacked a quorum until Obama made the recess appointments, which were invalid because the Senate was not in recess.
In defense of his controversial and legally questionable appointments, President Obama insists that they were made in complete compliance with the Constitution’s grant of such power to the president in Article II.
Is the president’s interpretation of Article II correct? To answer that question, one must first look to the text being cited as a justification for the appointments.
Article II, Section 2 of the U.S. Constitution states:
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
The plain language of that clause authorizes recess appointments. If the Senate is in recess, then the president is within the sphere of his constitutionally enumerated powers to fill a vacancy that will be valid until the end of the next congressional session.
An additional analysis of the black letter of Article II makes it clear that the Senate must already be in recess in order for an appointment made in its absence to be valid.
continue at The New American:
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Vote for a Constitutionalist like Governor Gary Johnson as a last resort so American’s don’t have lethally forcefully arrest all the traitors. The dc criminals should be arrested (RIGHT NOW) for the 9/11 mass murder false flag of 3000 American’s, Waco massacre, Okalahoma bombing (see, A Noble Lie), war crimes, mass murder war crimes, DU radiation crimes against all of humanity, eugenics, food poisoning GMO’s, being the biggest “Heroin, Marijuana” drug dealers in the world, gross egregious “Criminal High Treason”, Constitutional violations, Gross High Treason, Genocide, major Geneva convention violation; 1.6 billion hollow point bullet purchase to be used against the citizens of America to kill you with, theirs no other reason that’s why it’s against the Geneva convention world laws, they, the infiltrated foreign occupiers of our government want a new world order communist UN one world government ruled by them: scumbag bankers and they will accomplish their Sociopathic globalist dream, one way or another either by skillful TV propaganda or hollow point force. Voting for obama with the knowledge I have from concerned citizens like Sheriff Arpiehole’s investigation proving obama to be a fraud with cia connections, I would without any doubt be committing a crime of complicity to High Treason and I would be an accomplice to a direct violation of my own Constitution subjecting myself to death by the laws of our land as a Traitor, look it up, obama is a usurper “false flag” illegal alien british subject put in place by the new world order banker globalist that paid in full the accomplice TV news propaganda brain washing idiot box and that’s a fact, the American voting oblander will have accomplished the job he was told to set-up, EO’s for the next puppet president, it has nothing to do with race, it’s about Treason against our people and our mother land besides obama isn’t black 6% black doesn’t qualify anyone as black, period, obama is white. And look who the new world order globalist banker Sociopathic freaks want this time as their presidential puppet, the liquidator mittens romney the grand daddy of all scumbags. Your brain on TV Propaganda, the only way a moron mormon romney cult freak could ever be elected (selected) president of the United States of America would to be to have an opponent like the complete national security threat “monster” usurper illegal alien obama, to force Catholics to slap God in the face to vote for a mormon magic underwear cult freak like mittens romney should speak volumes. People do extremely stupid things like watching TV (mass propaganda induced hypnosis, a complete choreographed lie) http://www.infowars.com/the-idiot-box-how-tv-is-turning-us-all-into-zombies/ producing idiots commanded to act like zombies. obama = romney dumbasses and voting for either evil is a wasted vote. I only hate one person on this planet at this moment and that’s romney because I personally think romney is a gutless draft dodging wimp and I would love to smash his new world order ndaa loving treasonous grill right down his globalist banker throat. Voters will be making a big TV news propaganda brainwashed mistake with the monsanto eugenics freak romney just like you were TV fooled with obama, knowing any damn thing about them is through TV propaganda lies and that’s a fact. American’s third choice is Governor Gary Johnson for president of the United States of America, do it. The 11 things I can’t stand about mittens romney. #1, bain capital frauds, (http://www.nytimes.com/2012/08/08/us/politics/ex-factory-worker-links-losses-to-bain.html)
#2, 8.5 billion dollar ponzi scheme http://www.democraticunderground.com/10021263378 and #3, complete financial restoration of monsanto eugenic frankin foods company with their GMO substances that are design to slow kill and sterilize us all, except them because they won’t be eating their own bug poison eugenics concoctions, they all have special protected gardens just for them, isn’t that nice. 10% of teenagers have liver damage as of now and that’s a fact that has never been heard of before in human history. #4, romney’s health care plan was the blueprint for obama’s death care plan. #5, mitt romney is a serious serial violent criminal http://www.youtube.com/watch?v=jngor81CRE0 #6, major tax evasion fraud criminal won’t release his tax returns because they would implicate his gigantic thefts. I wonder how much of the 8.5 billion ponzi scheme romney has stashed, he could have paid off federal judges, I hear their expensive, 3 million cash can take care of business. #7, Major election fraud, Felony bribery, blatant vote buying with video recorded evidence, physical violence and blatant ballot theft, all very serious PROVABLE crimes against all American’s. #8, NDAA concentration camps lovers are in fact confessed Treasonous Traitors, period. mittens romney is a confessed NDAA lover and a provable Treasonous Traitor. #9, No constitutional rights or due process, romney’s job is to imprison 10,000,000 dissidents. #10 MITT ROMNEY IS A HABITAUL BLATANTLY OBVIOUS BOLD FACE LYING SOCIOPATHIC SCUM BAG http://www.youtube.com/watch?v=zG7c7m37geI&feature=related And http://www.youtube.com/watch?v=BaXN3Iy-7AM&feature=related #11 the complete jackass mitt romney has no compassion for a terminally ill cancer patient, is a sure sign of being a blatant sociopath http://www.youtube.com/watch?v=eNv7lY-ZhKA and http://www.damninteresting.com/the-unburdened-mind/ check this out http://www.infowars.com/romney-will-fight-medical-marijuana-tooth-and-nail/ Christian killing NDAA loving magic underwear romney is a blatant Treasonous Traitor and obama is also a blatant Christian killing Treasonous Traitor and what I’ve said here is all provable facts. 11/06/2012 is the last important date where American’s will be able to restore our constitution but so long, America didn’t wake up the regurgitating TV left right paradigm propaganda watching fools, so were screwed without a Mr. Gary Johnson last minute grass roots effort. If American’s vote for romney or obama I hope you get your ass beat as a Traitor because I’m sick of your blatant Treason, I can’t handle it anymore. Mayday mayday warning wake-up help already but I guess this is what you’ll get when you ask for help from an entire police dept. sit back and get comfy watch your friends at work http://www.youtube.com/watch?v=yn8CE5ISUSw&feature=relmfu