It wasn’t even a week ago that Obama took the oath of office and swore to preserve, protect and defend the Constitution. He actually did it twice, once officially and the second time as a show for Martin Luther King Day.
Here’s the thing: Obama twice took the oath to preserve, protect and defend the Constitution of the United States. And the weasel turd had already broken his promise from the first time when he’d taken that oath back in 2009.
So it’s not like his stupid oath means anything, under than giving him more points for the sheer size of his elephant balls.
According to the Constitution of the United States of America, there are three separate but equal powers (the executive, legislative and judicial branches), and no branch has power to dictate to the others. Hence the Senate gets to set its own rules and procedures, and no president – regardless of how fascist he is or what a power-grabbing thug he is – cannot supplant those rules and replace them with his own.
As an example, no president can tell the Senate, “You’re in recess” when the Senate according to its rules and procedures says its in session. If you make an appointment in such a circumstance, that’s not a “recess appointment”; it’s a fundamental violation of the Constitution.
Obama has already repeatedly said piss on that and piss on the Constitution. He made sure we all knew it was a “deeply flawed document,” too. So that we’d understand that Obama is wiser and smarter and better than our Constitution, you see.
Like I keep saying over and over again, the man is a fascist thug to go along with being a crony capitalist fascist thug.
One thing the story below immediately gets wrong: the federal appeals court did NOT rule that Obama violated the Constitution in making recess appointments. They ruled that the Senate was not in recess and that the appointments WEREN’T recess appointments at all, but rather an unconstitutional power grab of one co-equal branch of government over another. According to the rules of the Senate, enacted BY the Senate, the Senate was NOT in recess. They were conducting business on the day that Obama overruled them as pharaoh-messiah-god-in-chief – in the style described by the words of fawning liberal “journalist” Evan Thomas (the editor of Newsweek), “he’s sort of God“ – when he decided that he alone actually had the sole right to decide when the Senate was or was not in session.
“I was in a meeting once and I gave an analogy to my staff about my philosophy of enforcement, and I think it was probably a little crude and maybe not appropriate for the meeting, but I’ll go ahead and tell you what I said:
“It was kind of like how the Romans used to, you know, conquer villages in the Mediterranean. They’d go in to a little Turkish town somewhere, they’d find the first five guys they saw and they’d crucify them.
“Then, you know, that town was really easy to manage for the next few years.”
Pretty soon we’re going to have exactly that philosophy enacted by the coming Antichrist who will step in after Obama ruins the world. So cheer up, liberal. You’ll get the fascist dictatorship you’re dreaming about.
But until then, that damned Constitution, you know, that document having “deeply flaws” which in Obama’s demonic mind “reflected the fundamental flaw of this country that continues to this day,” is still an obstacle to you.
Appeals Court Says Obama Violated Constitution With Appointments
By SAM HANANEL The Associated Press
Published: Friday, January 25, 2013 at 2:06 p.m.
Last Modified: Friday, January 25, 2013 at 2:06 p.m.
WASHINGTON | In an embarrassing setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that would severely curtail the president’s ability to bypass the Senate to fill administration vacancies.
The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.
The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.
The White House had no immediate comment but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.
The ruling also threw into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made on Jan. 4, 2012, has been challenged in a separate case.
The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members.
“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.
GOP House Speaker John Boehner welcomed the ruling as “a victory for accountability in government.”
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.
But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called pro forma sessions.
GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board and the consumer board. They had also vigorously opposed the nomination of Cordray. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.
The three-judge panel, all appointed by Republican presidents, ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.
“Either the Senate is in session or it is in recess,” Chief Judge David Sentelle wrote in the 46-page ruling. “If it has broken for three days within an ongoing session, it is not in ‘the Recess’ described in the Constitution.”
Simply taking a break of an evening or a weekend during a regular working session cannot count, he said. Sentelle said that otherwise “the president could make appointments any time the Senate so much as broke for lunch.”
The judge flatly rejected arguments from the Justice Department’s Office of Legal Counsel, which claimed 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,” Sentelle wrote.
Sentelle was joined in the ruling by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.
“I think this is a very important decision about the separation of powers,” said Carl Tobias, a constitutional law professor at the Virginia’s University of Richmond. “The court’s reading has limited the president’s ability to counter the obstruction of appointments by a minority in the Senate that has been pretty egregious in the Obama administration.”
If the ruling stands, it means that hundreds of decisions issued by the board over more than a year would be invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.
Obama used the recess appointment to install Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the labor board, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.
Sen. Tom Harkin, D-Iowa, urged the NLRB to continue conducting business until the Supreme Court rules on the issue.
“Today’s circuit court decision is not only a radical departure from precedent, it ignores the fact that President Obama had no choice but to act,” Harkin said. “Throughout his presidency, Republicans have employed unprecedented partisan delay tactics and filibusters to prevent confirmation of nominees to lead the NLRB, thus crippling the Board’s legal authority to act.”
If Obama’s recess appointment of Cordray to the newly created consumer board is also ruled invalid, all the regulations the consumer board has issued, many of which remake the mortgage business, could be nullified.
This fascist board that fascist Obama violated the Constitution to create has been involved in literally hundreds of fascist judgments. And at the moment all of those fascist judgments are in danger of being tossed out, much the way criminals shouldn’t be allowed to profit from their crimes and fascist police departments shouldn’t be allowed to use evidence that was obtained via illegal means.
What’s funny is that upon hearing of the verdict, his White House propagandist Jay Carney immediately dismissed and trivialized the decision.
Because Obama doesn’t give any more of a damn about the judiciary branch than he does the legislative branch.
Pretty soon Antichrist is going to come to complete what Obama began. And Democrats will vote for him even more and worship him even more than they did Obama.
So don’t worry, liberals. By the time the Antichrist comes, you’ll get everything you want. And there won’t be any court or any one with the right to keep and bear arms to say otherwise. You’ll get every demonic dream you ever had, then.