New York Post | A constitutional lesson for "professor" Obama

President Obama’s “recess” appointments to the National Labor Relations Board were ruled unconstitutional yesterday by a three-judge panel from the federal Court of Appeals for the DC Circuit.

The case is a major blow to Obama’s labor-friendly NLRB, and it reins in an executive power that Obama was using to pervert the intent of the Founders.

Under the Constitution, the president can bypass the Senate’s advise-and-consent role only when it is in recess. But a day after the session began last year, Obama nonetheless named three members to the NLRB without hearings — claiming the body was technically in recess because senators weren’t physically in the chamber.

That was illegal: Just because the president says it’s Monday doesn’t make it so. Similarly, he cannot decide by fiat when the Senate is out of session — that violates the government’s vital separation of powers.


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