In a case freighted with major constitutional implications, a federal appeals court on Friday overturned President Obama’s controversial recess appointments from last year, ruling he abused his powers and acted when the Senate was not actually in a recess.
The three-judge panel’s ruling is a major blow to Mr. Obama. The judges ruled that the appointments he made to the National Labor Relations Board are illegal, and hence the five-person board did not have a quorum to operate.
But the ruling has even broader constitutional significance, with the judges arguing that the president’s recess appointment powers don’t apply to “intra-session” appointments — those made when Congress has left town for a few days or weeks. They said Mr. Obama erred when he said he could claim the power to determine when he could make appointments.
“Allowing the president to define the scope of his own appointments power would eviscerate the Constitution’s separation of powers,” the judges said in their opinion.
Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts
Friday, January 25, 2013
Appeals Court unanimously rules Obama recess Labor board appointments unconstitutional...
Obama really stepped in it this time. This has far-reaching consequences...
Saturday, December 29, 2012
Millionaire tax ruled unconstitutional in France...
Barack Obama hardest hit...
Via Bloomberg:
Via Bloomberg:
President Francois Hollande’s 75 percent millionaire-tax is unconstitutional because it fails to guarantee taxpayer equality, France’s top court ruled today.
The tax, one of Hollande’s campaign promises, had become a focal point of discontent among entrepreneurs and other wealth creators, some of whom have quit French shores as a result. The ruling comes as the president seeks to cut France’s public deficit to 3 percent of gross domestic product next year from a projected 4.5 percent this year.
“Politically, this has an impact because it was a symbol for French public opinion, and was considered abroad as the emblem of French tax excess, of French tax hell,” said Dominique Barbet, senior economist at BNP Paribas SA in Paris. “In deficit terms, it’s truly negligible.”
Friday, August 12, 2011
Obama has another bad day
The 11th Circuit Court of Appeals on Friday ruled that the individual mandate in health care reform law is unconstitutional. This is the first time a judge appointed by a Democratic President (Bill Clinton) has ruled the law unconstitutional. President Obama was hardest hit.
WASHINGTON (AP) — The White House is expressing confidence that it’s constitutional to require people to have health insurance and believes that President Barack Obama’s health care law will be survive all legal challenges in the end.
Obama adviser Stephanie Cutter says the White House strongly disagrees with an appeals court ruling Friday that struck down the insurance requirement at the center of a law.
She says the White House is confident that ruling will not stand.
Cutter notes on the White House blog that four other courts, including a different appeals court, has upheld the law.
Monday, January 31, 2011
Confirmed: Obamacare is Un-Constitutional
A Federal Judge in Florida has struck down the individual mandate. He also declares the bill was "not severable." This voids the entire Obamacare health reform bill. Look for the Obama administration to fast-track this bill to the Supreme Court. President Obama slammed the Supreme Court in last year's SOTU. Now, the people he publicly berated one year ago will decide the fate of his signature legislation. Ironic, isn't it?
(Reuters) - A federal judge in Florida struck down President Barack Obama's landmark healthcare overhaul as unconstitutional on Monday in the biggest legal challenge yet to federal authority to enact the law.
U.S. District Judge Roger Vinson ruled that the reform law's so-called individual mandate went too far in requiring that Americans start buying health insurance in 2014 or pay a penalty.
"Because the individual mandate is unconstitutional and not severable, the entire act must be declared void," he wrote, "This has been a difficult decision to reach and I am aware that it will have indeterminable implications."
Monday, December 13, 2010
Hope and change we can believe in: Obamacare ruled unconstitutional
A Federal Judge in Virginia has ruled the federal government can not require you to buy health insurance.
A federal judge in Virginia has declared the Obama administration's health care reform law unconstitutional.
U.S. District Judge Henry Hudson is the first judge to rule against the law, which has been upheld by two others in Virginia and Michigan.
Virginia Attorney General Ken Cuccinelli filed the lawsuit challenging the law's requirement that citizens buy health insurance or pay a penalty starting in 2014.
Saturday, November 27, 2010
WaPo: New Airport Scanners and Pat Downs May Violate Constitution

In 2006, a federal appeals court ruled airport security was constitutional. The ruling referred to metal detectors and pat downs for those alarms the machines. What Janet Napolitano's has the TSA doing now goes far beyond that ruling. The 2006 ruling said searches had to be "minimally intrusive." Making fliers virtually naked and groping their "junk" hardly meets that test.
The Washington Post:
In a 2006 opinion for the U.S. Court of Appeals for the 3rd Circuit, then-Judge Samuel Alito stressed that screening procedures must be both "minimally intrusive" and "effective" - in other words, they must be "well-tailored to protect personal privacy," and they must deliver on their promise of discovering serious threats. Alito upheld the practices at an airport checkpoint where passengers were first screened with walk-through magnetometers and then, if they set off an alarm, with hand-held wands. He wrote that airport searches are reasonable if they escalate "in invasiveness only after a lower level of screening disclose[s] a reason to conduct a more probing search."
As currently used in U.S. airports, the new full-body scanners fail all of Alito's tests.
Wednesday, August 26, 2009
Video: Bill O'Reilly Declares Obamacare Unconstitutional
How can the Government force Americans to buy something they don't want? If the government wanted to prop up GM, could they force you to buy a new GM car? The Commerce clause of the Constitution has long been abused by Congress to justify government intervention in our lives. This part of the Constitution gives Congress the power to regulate interstate and international commerce. This has nothing to do with forcing Americans to buy health insurance or anything else. Any Congressperson who would try to force Americans to buy something they do not want has not read the Constitution or doesn't care what is in it. Bill O'Reilly has read the Constitution and he clearly believes some of the mandatory insurance purchase proposals in Obamacare are unconstitutional.
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