TribLIVE

| Opinion/The Review


 
Larger text Larger text Smaller text Smaller text | Order Photo Reprints

The recess challenge

Email Newsletters

Click here to sign up for one of our email newsletters.

Letters home ...

Traveling abroad for personal, educational or professional reasons?

Why not share your impressions — and those of residents of foreign countries about the United States — with Trib readers in 150 words?

The world's a big place. Bring it home with Letters Home.

Contact Colin McNickle (412-320-7836 or cmcnickle@tribweb.com).

Daily Photo Galleries

Sunday, Feb. 3, 2013, 9:00 p.m.
 

A federal appellate court ruling that President Obama's January 2012 “recess” appointments of three National Labor Relations Board members were an unconstitutional end run around Congress is a victory for the Constitution.

The Framers intended recess appointments to fill vacancies only after Congress — then able to meet just a few months a year because traveling to Washington took so long — had finished a year's work and couldn't confirm nominees.

But particularly in the past 60 years or so, presidents have stretched that power to evade Senate unwillingness to confirm certain nominees, and lawmakers have gaveled in and out of brief “pro forma” sessions to evade adjourning for the year — as they were when those NLRB appointments were made.

The White House has been mum about appealing the ruling. But eventual Supreme Court review is likely. And it's difficult to imagine that Mr. Obama can prevail. Nor should he.

And if supposed constitutional scholar Obama didn't know better than to misuse recess appointments, he's no constitutional scholar. If he did know better, he committed an abuse of power that rises to the level of an impeachable offense.

Only when this president is held fully accountable for trashing constitutional separation of powers will the issues raised by his recess appointments be fully resolved.

Subscribe today! Click here for our subscription offers.

 

 


Show commenting policy

Most-Read Editorials

  1. Sunday pops
  2. Myopic automakers should embrace today’s high-tech gearheads, not attempt to stifle their innovations
  3. The Box
  4. Obama’s problem: He denies reality
  5. Saturday essay: Cruel civilities
  6. Auberle continues to heal
  7. Armstrong County Laurels & Lances
  8. Not even a ‘trickle’ of sound economics
  9. Pittsburgh Laurels & Lances
  10. Messrs. Tremba, Haggerty & Molinaro: Connellsville mourns
  11. The DEA scandal: Larger issues