Risch, GOP question Obama appointments
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May 30, 2013 |
U.S. Senator Jim Risch has joined his 44
Republican colleagues in filing an amicus brief
in the Supreme Court of the United States that
challenges President Obama’s unconstitutional
“recess” appointments to the National Labor
Relations Board in January 2012.
Under the U.S. Constitution, a president must
submit certain positions within their
administration to the U.S. Senate for their
"advice and consent." This power to confirm
officials and judges is very important in the
separation of powers and was put into place by
the Founding Fathers.
In early January of 2012, the president ignored
this requirement and made appointments to his
administration. He called them "recess
appointments" which a president can do when the
Senate is in a state of recess.
However, the Senate did not go into recess in
January. The Senate met for regularly held
sessions every three days during this period and
conducted Senate business. By doing this, the
Senate remained in session and thus not in
recess.
“The president is circumventing the Constitution
and its system of checks and balances. This is
an egregious abuse of executive power and the
Supreme Court needs to uphold the lower court's
ruling that these recess appointments are
invalid," said Risch.
Earlier this year, a three-judge panel of the
U.S. Circuit Court of Appeals for the D.C.
Circuit unanimously ruled that President Obama’s
2012 “recess” appointments to the NLRB are
invalid.
The Court determined that “Allowing the
President to define the scope of his own
appointments power would eviscerate the
Constitution’s separation of powers.” The Court
determined that: “An interpretation of ‘the
Recess’ that permits the President to decide
when the Senate is in recess would demolish the
checks and balances inherent in the
advice-and-consent requirement, giving the
President free rein to appoint his desired
nominees at any time he pleases, whether that
time be a weekend, lunch, or even when the
Senate is in session and he is merely displeased
with its inaction. This cannot be the law.”
The full brief signed by all 45 Republican
senators can be found
here.
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