Obama appointments could trigger court test case [View all]

[ellisonz]

The president's use of his power to fill vacancies during a congressional recess sets the stage for a constitutional battle.

By David G. Savage, Washington Bureau
January 5, 2012, 8:23 p.m.
Reporting from Washington—

President Obama's decision to defy Senate Republicans and appoint four top agency officials on his own authority sets the stage for a contentious constitutional battle over the powers of the presidency and the role of Congress.

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he Supreme Court has never ruled on the president's power to go around the Senate and make recess appointments, but legal experts say Obama's bold use of the power is likely to trigger a test case.

Some legal experts said the constitutional dispute was complicated because both sides could be accused of violating the Constitution. Whereas Obama is accused of overstepping his power to make recess appointments, Senate Republicans have refused to fulfill their obligation for "advice and consent" by blocking votes on many of Obama's nominees.

"There is a sort of clean-hands argument here. Those who have so abused the confirmation power are in a poor position to argue that the president has abused the recess appointment power," said University of Virginia law professor Douglas Laycock.

http://www.latimes.com/news/nationworld/nation/la-na-obama-powers-20120106,0,2365160.story

GOBAMA! - Bet you haven't seen that one in awhile...