A Stinging Rebuke for Obama & His Constitutional Overreach on Appointments | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Obama Appointments Rejected

By Jay Sekulow1359149440000

In what can be described as a stinging rebuke to President Obama's power grab concerning "recess appointments" - a federal appeals court today declared that the President's appointments to the National Labor Relations Board were unconstitutional.

Today, a three-judge panel of the U.S. Court of Appeals of the D.C. Circuit ruled unanimously that the President overstepped his authority - an unconstitutional move - by making "recess" appointments when the Senate was not in recess.

As I told Megyn Kelly on FOX News today, this is a sound and well-reasoned decision which respects both the Constitution and the separation of powers.

In this case, I represented House Speaker John Boehner in an amicus brief that we filed challenging the President's actions. Speaker Boehner called today's decision "a victory for accountability in government."

In the decision today, the appeals court was very clear that the Constitution has meaning and should not be ignored: "The power of a written constitution lies in its words. It is those words that were adopted by the people. When those words speak clearly, it is not up to us to depart from their meaning in favor of our own concept of efficiency, convenience, or facilitation of the functions of government."

From the very beginning, no one questioned the President's authority to make recess appointments. However, those must occur when the Senate is in recess - which we asserted and the appeals court concluded - was clearly not the case here.

We were deeply involved in this issue. We urged the Senate to take decisive action opposing the appointments. And we heard from nearly 90,000 Americans who demanded President Obama abide by the Constitution.

While the Justice Department may decide to appeal this decision to the Supreme Court, the appeals court decision today sends a very strong message rejecting this Presidential overreach.

Jay Sekulow

Latest in
Constitution

Sessions – The Right Man to Restore Justice

By Jay Sekulow1486601467959

Senator Jeff Sessions has just been confirmed by the U.S. Senate as Attorney General of the United States. Attorney General Jeff Sessions will make an exceptional Attorney General. His understanding and commitment to the rule of law is extraordinary and badly needed in the Department of Justice –

read more

Obama Holdover AG Refuses to Enforce Law

By Jay Sekulow1485825160457

This is a bureaucratic coup d'état. Acting Attorney General Sally Yates – a holdover from the Obama Administration – has just ordered the Department of Justice not to defend President Trump’s Executive order on securing America. Disappointed bureaucrats don’t get to pick and choose what Executive...

read more

Sessions Must be Confirmed as Attorney General

By Jay Sekulow1483970400000

Tomorrow, the Senate Committee on the Judiciary is set to begin its confirmation hearings on Senator Jeff Sessions’ appointment to serve as the next Attorney General for the United States. The Attorney General is arguably a President’s most important Cabinet position. It is critical that the next...

read more

ACLJ's 2nd Brief to Protect Election Process

By Jay Sekulow1481300353949

Last week, we reported on the efforts being made to undermine the American election system with challenges being raised in Wisconsin, Pennsylvania, and Michigan. We sent our letter to the Pennsylvania election officials urging careful compliance with the law and, just days later, we filed a...

read more