for a series of "Recess Appointments".
Ever since Shrub "recess-appointed" the disgraceful John Bolton, the Senate now pretty much has a standing policy (Rule) that they will hold "Pro-forma sessions", gavelling in every 3 days for "Morning Business", and they will "adjourn 'Subject to the Call of the Chair'", meaning they DON'T go into a "recess", making that period NOT subject to the "Recess Appointment" opportunity.
Obama challenged that indicating that there wasn't really any legislative activity going on during those periods and the Senate was effectively "in recess". That resulted in a case that went to the SCOUTS -
12-1281 NLRB v. Noel Canning (06/26/2014) - Supreme Court
Supreme Court rebukes Obama on recess appointments
By Robert Barnes
June 26, 2014
The Supreme Court ruled unanimously Thursday that President Obama exceeded his constitutional authority in making high-level government appointments in 2012 when he declared the Senate to be in recess and unable to act on the nominations.
Obama made appointments to the National Labor Relations Board (NLRB) at a time when the Senate was holding pro forma sessions every three days precisely to thwart the president’s ability to exercise the power.
“The Senate is in session when it says it is,” Justice Stephen G. Breyer wrote for the court, stressing that if the Senate is able to conduct business, that is enough to keep the president from making recess appointments. But the court stepped back from handing Obama — and those who will follow him in the Oval Office — a more substantial loss. A bare majority of the justices upheld, in theory at least, the president’s ability to make recess appointments when the Senate is indeed on extended break, saying history weighs in favor of a broad power.
The decision comes at a time when Republican opposition to the president’s policies and Obama’s vow to bypass a gridlocked Congress by using his executive powers have consumed Washington. Although Breyer said the court hesitated to “upset the compromises and working arrangements that the elected branches of government themselves have reached,” it is the lack of such cooperation that brought the dispute to the court for the first time in the more than 200-year history of the Constitution.
The court’s decision did not seem to encourage the two sides to come together. Republicans said the decision vindicated their view that Obama oversteps his constitutional authority in all manner of policy decisions. “A unanimous Supreme Court,” said Senate Minority Leader Mitch McConnell (Ky.), has rejected Obama’s “brazen power grab.”
https://www.washingtonpost.com/politics/supreme-court-rebukes-obama-on-recess-appointments/2014/06/26/e5e4fefa-e831-11e3-a86b-362fd5443d19_story.html
where the SCOTUS
unanimously agreed that the Executive overstepped authority citing the U.S. Constitution -
Article I
(snip)
Section 5.
Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
(snip)
https://www.law.cornell.edu/constitution/articlei
So they told him that "
If the Senate SAYS they are "NOT IN RECESS", then they are "NOT IN RECESS".
And those NLRB members that he DID "Recess Appoint" were then REMOVED once that ruling came down.
THE END.
= new reply since forum marked as read
They're On the Front Lines Now Fighting to Save Our Democracy.. I don't see any 3rd party Gaslit Liars owning up to what they did.
💙💛
