A federal appeals court ruled that President Obama violated the Constitution last year when he made appoints to the labor board evoking the executive power of recess appointment. The reason the three-judge panel ruled against the President was simply the Senate was not in recess as defined by the Constitution. Appointments will be invalidated.
The Department of Justice made Obama's argument that the President has discretion to decide if the Senate is unavailable to perform its advice and consent function. The judges rejected this interpretation of the law. "Either the Senate is in session or it is in recess," read more
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