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

Senate Removes Obstacle to Conservative Judges

By ACLJ.org1507822161934

Senator Mitch McConnell (KY), the Senate Majority leader, has heard our demand for action and reform. He has just removed an archaic procedural rule that has been misused by the left to block conservative federal judicial nominees from ever getting a vote—or even a hearing. It is called the Senate...

read more

Ex-FBI Director's Case Collapses

By Jay Sekulow1497044409096

Fired FBI Director James Comey’s testimony before the Senate Intelligence Committee accomplished one thing: With his testimony, Comey’s case against President Trump collapsed like a house of cards. Not only did Comey’s testimony clear President Trump – admitting under oath that the President was...

read more

Comey is Not a Credible Witness

By Jay Sekulow1496880902209

Former FBI Director James Comey is preparing to tell his side of the story before the Senate Intelligence Committee on Thursday regarding his encounter with President Trump. His prepared remarks were released today – and make no mistake about it – this is Comey’s opportunity to get back in the...

read more

President Trump Fired FBI Dir. James Comey

By Jay Sekulow1494370610081

President Donald Trump has just fired FBI Director James Comey. President Trump’s letter states that Comey is “not able to effectively lead the Bureau.” President Trump's action is not only appropriate, but represents the correct action taken against Comey who has become a renegade FBI Director.

read more