Court: President's Appointments Unconstitutional

By: Associated Press
By: Associated Press

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Friday, January 25, 2013

A federal appeals court has ruled that President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel.

The U.S. Court of Appeals for the D.C. Circuit says the president did not have the power to make recess appointments last year to the National Labor Relations Board.

President Obama claims he acted properly because the Senate was away for the holidays. But the court says the Senate technically stayed in session when lawmakers gaveled in and out every few days for so-called "pro forma" sessions.

GOP lawmakers used the tactic specifically to prevent the president from using his recess power to fill vacancies in an agency they claimed was too pro-union.

The Obama administration is expected to appeal the decision to the Supreme Court.


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