Obama .vs. Constitution: Obummer Loses
The Market Ticker ® - Commentary on The Capital Markets
Posted 2013-01-25 14:41
by Karl Denninger
in Corruption
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Obama .vs. Constitution: Obummer Loses
 

Oh darn, the Constitution does mean something...

President Barack Obama’s recess appointments to the U.S. National Labor Relations Board last year were “constitutionally invalid” because the Senate wasn’t in recess at the time, a federal appeals court ruled.

The U.S. Court of Appeals in Washington in a unanimous ruling today sided with Republican lawmakers and a canning company that challenged the appointments. The judges said the definition of “the Recess” in the Constitution’s Recess Appointments Clause is limited to the period between one Congress and the next, and that Congress had begun a new session at the time the president made the appointments.

This is an extremely important decision because it means that all acts taken since January 4th, 2012 are void as the NLRB had no quorum.

A body without a quorum cannot lawfully do anything except adjourn.

This also likely means that anything done by the CFPB since that date is also void for the same reason -- there has been no confirmation vote and he was appointed at the same time.

There are literally hundreds of decisions rendered by the NLRB and CFPB in the last year and, it appears, all of them are facially invalid.

Expect a flood of litigation demanding summary judgments to be filed immediately.

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User Info Obama .vs. Constitution: Obummer Loses in forum [Market-Ticker]
Oldpool
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Of course its going to the Supreme court

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Liberty, Comrade!
Genesis
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It will fail cert.

This one's pretty clear. I said at the time this was unconstitutional and wouldn't stand.

It hasn't.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Apotheoun
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so what rulings have they made that will be big impacts? any idea?

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"when despair is all you can see, the end is finally near."
"Because there is some good left in this world, AND ITS WORTH FIGHTING FOR!"
Ricka01
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CNN portraying the decision, right now, as one that makes recess appointments invalid. Clearly either lying or uninformed.
Genesis
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Apoth: A LOT. Think all the mortgage stuff that came out of the CFPB, for starters, plus all the NLRB decisions.

This is a really big deal.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Apotheoun
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is this what you were looking for from yesterday? does this mean they are going to have appoint a bunch more people to the now empty seats... I bet there is going to be lots of speclation about this. I would not be surprised if this ends up being ignored because of how messy this may get.

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"when despair is all you can see, the end is finally near."
"Because there is some good left in this world, AND ITS WORTH FIGHTING FOR!"

Reason: clarification
Deckchairs
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To some of us the whole notion of a NLRB along with lots of the other behemoth of federal government are unconstitutional as well so...

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If I could just get my tax attorney to be my girlfriend life would be all right.
Genesis
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Apoth: No -- this one was a surprise.

A pleasant surprise.

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I don't care if it makes sense -- only if it makes money. -- Me
Bank (n): See scam, fraud and theft. Eat a bankster -- they're low-carb.
What part of "shall not be infringed" was unclear?
Budxr7
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http://news.yahoo.com/blogs/ticket/white....

Seems like the response one might get from a King. What a bunch of arrogant *******s. Court says unconstitutional. Obama says, I disagree so go **** yourself.

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For loan oft loses both itself and friend,
And borrowing dulls the edge of husbandry.
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Alosix
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While its nice to see this sort of ruling. Does anyone here believe something might actually come of this?


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Tman2
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Alosix, I for one NO! and Hell No! There won't be any rule of law when OBAMA is done with us.
Bertdilbert
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Refreshing. Obama tried to be a sneak and got his hand slapped.

Quick! We need a distraction to let the focus come off the president, somebody blow something up to distract the masses! We need a terrorist event!

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Dear Euroland: Relax, Germany has a plan for your money!

Political Capital Defined: We are out of money but will tax our citizens for whatever it takes to "SAVE" the Euro.
Patriarch
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Queue video loop of Hillary screaming, "What difference, at this point, does it make?"

For that matter, lets get Barry, Dianne, Harry, and Michelle screaming the same mantra.

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Our elected take an oath to serve. Time to add: “I will not serve in a capacity which I am not able to comprehend or am incapable of by mental defect of any kind, nor will I use the excuse of intellective deficiency if found in violation of this oath/affirmation”, which backs charging wayward politicians with treason.
Patriarch
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Throw in Nancy P and Joe B in the background as the dancing bananas.

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Our elected take an oath to serve. Time to add: “I will not serve in a capacity which I am not able to comprehend or am incapable of by mental defect of any kind, nor will I use the excuse of intellective deficiency if found in violation of this oath/affirmation”, which backs charging wayward politicians with treason.
Jack_crabb
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**** the Spokeskid and **** the HNIC.

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Molon Labe

Where is Henry Bowman when you need him?
Atmartin
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Quote:
Seems like the response one might get from a King. What a bunch of arrogant *******s. Court says unconstitutional. Obama says, I disagree so go **** yourself.


It wouldn't be the first time. See Lincoln vs Taney regarding habeas corpus.
Kylafoon
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His Royal Highness is going to be*****ed.....

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"...But whenever we see things done wildly, but taken tamely, then the State is growing insane..." - Gilbert Keith Chesterton 1910

"I found a flaw in the model that I perceived is the critical functioning structure that defines how the world works." - Alan Greenspan, October 2008
Peterm99
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Even earlier: Worcester v. Georgia in 1832.

Andy Jackson supposedly said something along the lines of "Justice Marshall has made his decision, but he cannot enforce it." "John Marshall has made his decision; now let him enforce it!".

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". . . the Constitution has died, the economy welters in irreversible decline, we have perpetual war, all power lies in the hands of the executive, the police are supreme, and a surveillance beyond Orwell’s imaginings falls into place." - Fred Reed

Reason: fixed quotation
Noodleman
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Constitutional scholar, my ass!

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Cvdoc
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Given the Obamacare vote, I think the Supremes will reverse this ruling 5-4. This isn't about the law but ideology.

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Few men desire liberty; most men wish only for a just master.
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Mgpacher
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This ruling is about the Constitution. That is all that it is about. Obama said that he would decide when Congress is in session. The court said, "No you won't!"

The Supreme Court will affirm this decision 9-0. This case is about the separation of powers. That is all it is about. If Obama can dictate to Congress, then he can likewise dictate to the court.

One president is not going to be allowed to ruin the separation of powers. The courts are protecting themselves as much as they are protecting Congress.

Unfortunately, there are some in Congress who do not understand the Constitution and the separation of powers. They see themselves as a sub-branch of the Executive Branch. We see this when they urge Obama to raise the debt ceiling on his own. They do not realize they are destroying the power of their own branch.

You do not destroy the Legislative Branch for the benefit of one president just because he happens to be your party's guy. You do not destroy the institution for short-term advantage.

Hopefully, Reid and Pelosi are not that stupid. And even if they are, I don't think the Supreme Court is that stupid.
Jack_crabb
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Mgpacher wrote..
You do not destroy the Legislative Branch for the benefit of one president just because he happens to be your party's guy. You do not destroy the institution for short-term advantage.

Hopefully, Reid and Pelosi are not that stupid. And even if they are, I don't think the Supreme Court is that stupid.


You have a lot more faith in these *******s than I do.

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Molon Labe

Where is Henry Bowman when you need him?
Mannfm11
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Think this Socialist NAZI cares anything about the Constitution. Congress better start caring or they will become a non-entity. They need to strip the President of his authority on a lot of fronts when it comes to Executive Orders or they will be deemed unnecessary. The NRA should sue to fight the executive orders he issued last week on guns or they should be deemed unnecessary. They should be stopped with a suit, because they overstep his Constitutional authority. Hitler didn't care anything about the Constitution either and it needs to be made clear the President isn't above it or we will never know peace.

Reid and Pelosi aren't that stupid. That is how a fascist system works.

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The only function of economic forecasting is to make astrology look respectable.---John Kenneth Galbraith

Ktrosper
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Mg wrote..
They do not realize they are destroying the power of their own branch.

You do not destroy the Legislative Branch for the benefit of one president just because he happens to be your party's guy. You do not destroy the institution for short-term advantage.
You do if you're a blind ideologue and believe that this is the only way to bring your socialist utopia to life?

We're talking HOLY GRAIL-type stuff here, Mg. Historical stuff! Once in a lifetime stuff.

You bet your ass they'll destroy that institution.

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The unexamined life is not worth living.-Socrates
The only stable state is the one in which all men are equal before the law.-Aristotle
Liberty exists now in the spaces government has not yet chosen to occupy.-Doc Zero
I anticipate that 10 Dallas Cowboys Cheerleaders will blow me this evening.-K.D
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