Today, President Obama’s belief in a “living Constitution” came up against a ruling that enforced our fixed Constitution. A 3-judge panel of the U.S. Court of Appeals for the D.C. Circuit unanimously declared Obama’s “recess” appointments to the National Labor Relations Board to be unconstitutional.
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The Obama administration is expected to appeal the decision to the U.S. Supreme Court, but if it stands, it means hundreds of decisions issued by the board over more than a year are invalid.”
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The judges observed that no president from George Washington through Abraham Lincoln ever attempted to make an “intrasession” appointment (that is, an appointment when Congress was in session) without the advice and consent of the Senate, as Obama attempted to do. From the end of the Civil War through the end of World War II, only three such appointments were attempted. In the judges’ words, “t is well established that 80 years after the ratification of the Constitution, no President [had] attempted such an appointment, and for decades thereafter, such appointments were exceedingly rare.”
http://www.weeklystandard.com/blogs/obama-s-recess-appointments-declared-unconstitutional_697779.html
Sorry obama, you can't just do whatever the fuck you like.