obama

The U.S. Court of Appeals for the District of Columbia ruled today that if the word “the” in the U.S. Constitution carries its customary meaning—which the court forcefully affirmed it does—than President Barack Obama violated the Constitution and usurped power from Congress by appointing persons to federal office without securing the constitutionally required consent of the Senate.

On Jan. 4, 2012, Obama unilaterally named three people to the National Labor Relations Board (NRLB). The Senate—by a unanimous agreement of all 100 senators—had said that it was in fact still in session that day and not in the recess.

Yet despite the Senate’s unanimous declaration that it was in session, Obama unilaterally determined the Senate was in fact in “recess” on Jan. 4, 2012 and that he could therefore use the Constitution’s recess appointment power to directly appoint his three choices to the five-member National Labor Relations Board, thus denying the Senate its constitutional power to confirm or reject them.