Topic - Clyde H. Hamilton

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  • Obama loses 3rd ruling on recess moves

    A third federal appeals court ruled Wednesday that President Obama violated the Constitution last year when he made recess appointments to the National Labor Relations Board, adding more weight to the case as it goes before the Supreme Court in the justices' next session.

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Quotations
  • "At the time of the Constitution's ratification, breaks between sessions of Congress typically were six to nine months. During such periods, it was unrealistic to think the Senate could perform its advice and consent function," he wrote. "By contrast, there is no evidence that the Framers thought it was necessary to empower the president to make unilateral appointments while the Senate was adjourned within its session for short periods."

    Obama loses 3rd ruling on recess moves →

  • "All this points to the inescapable conclusion that the framers intended something specific by the term 'the Recess,' and that it was something different than a generic break in proceedings," Judge Clyde H. Hamilton wrote in his majority opinion.

    Obama loses 3rd ruling on recess moves →

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