Obama violates constitution, subverts Bill of Rights

[John_Wensink]

All presidents make recess appointments, what liberals fail to understand is the definition of what a recess is. Both parties have observed a recess as being more than 3 days (except the obama administration of course.) In the paragraph at the bottom please notice that harry reid recognized the 3 day rule.

Also:
But in 1993 under President Bill Clinton, a Justice brief implied that a president can make a recess appointment if a break by the Senate lasts more than three days, the CRS report said.


From the obama administration on their policy towards recess appointments.

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions –

CHIEF JUSTICE ROBERTS: Thank you, counsel.


That being said, what this fuck head just did is opened the door for the republicans now do the same thing.

Morons. Don't bitch and moan when the republicans do the same thing.


For example, during the last two years of the George W. Bush administration, Senate Majority Leader Harry Reid prevented any further recess appointments. Bush promised not to make any during the August recess that year, but no agreement was reached for the two-week Thanksgiving break in November 2007. As a result, Reid did not allow recess of more than three days from then until the end of the Bush presidency by holding pro forma sessions.[22][23] Prior to this, there had been speculation that James Holsinger would receive a recess appointment as U.S. surgeon general.[24]

Quote from AK Forty Seven:

http://www.usatoday.com/news/washington/2007-04-05-bush-recess-option_N.htm



Many presidents have used the recess option


By David Jackson, USA TODAY


WASHINGTON — When President Bush decided this week that the Democratic-led Senate was playing politics with his nominees, he once again used powers as old as the U.S. Constitution to make recess appointments.

Bush ranks fourth among modern presidents in granting such appointments, bypassing the Senate 165 times to get his nominees in place, according to the Senate historian's office. Ronald Reagan holds the record with 243 appointments.

 

[AK Forty Seven]

Quote from John_Wensink:

All presidents make recess appointments, what liberals fail to understand is the definition of what a recess is. Both parties have observed a recess as being more than 3 days (except the obama administration of course.) In the paragraph at the bottom please notice that harry reid recognized the 3 day rule.

http://www.cnn.com/2005/fyi/news/08/02/extra.recess.appointments/index.html


"The Constitution does not specify how long a recess must be for the president to make a recess appointment, and experts disagree on what counts as a "recess."



"Theodore Roosevelt once made recess appointments when the Senate had recessed for less than one day."


(Source: CNN Political Unit)

 

[AK Forty Seven]

Quote from John_Wensink:

All presidents make recess appointments, what liberals fail to understand is the definition of what a recess is. Both parties have observed a recess as being more than 3 days (except the obama administration of course.)

WRONG !!!



http://www.cnn.com/2005/fyi/news/08/02/extra.recess.appointments/index.html




Theodore Roosevelt once made recess appointments when the Senate had recessed for less than one day.


(Source: CNN Political Unit)

 

[futurecurrents]

Now that's the guy I voted for. He's actually doing something, and it requires leapfrogging the beyond-useless obstructionist Republican/Tp'rs. Excellent. And the Consumer financial protection bureau is good progress. Something the current GOP crop seems to be allergic to.

“When Congress refuses to act and as a result hurts our economy and puts our people at risk, then I have an obligation as president to do what I can without them.”

Seriously, dictator? Guns? I swear I've never seen so many paranoid, hysterical folks as I see on this site.

 

[377OHMS]

It turns out that the republicans are simply showing up once every 3-days and gaveling the chamber into "session". So they claim there is no recess.

I dunno, that seems lame all on its own.

As others point out, we'll see this tactic in the future from both sides for now on.

I suppose I could hope for someone to start impeachment proceedings but after Clinton we all know that impeachment has no teeth.

Nixon should probably not have resigned. He could have rode it out.

 

[pspr]

Quote from 377OHMS:

It turns out that the republicans are simply showing up once every 3-days and gaveling the chamber into "session". So they claim there is no recess.

I dunno, that seems lame all on its own.

As others point out, we'll see this tactic in the future from both sides for now on.

I suppose I could hope for someone to start impeachment proceedings but after Clinton we all know that impeachment has no teeth.

Nixon should probably not have resigned. He could have rode it out.

Nixon had more concern for this country than our current shit head president.

 

[Mercor]

Quote from AK Forty Seven:

Open and shut case



The power to make recess appointments is granted in the Constitution (Article II, Section 2, Clause 3): "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."


The Constitution does not specify how long a recess must be for the president to make a recess appointment, and experts disagree on what counts as a "recess."

http://online.wsj.com/article/SB100...70647994692.html?mod=WSJ_Opinion_AboveLEFTTop

Contempt for Congress
Obama makes recess appointments when there's no recess.

Remember those terrible days of the Imperial Presidency, when George W. Bush made several "recess appointments" to overcome Senate opposition? Well, Czar George II never did attempt what President Obama did yesterday in making recess appointments when Congress isn't even on recess.

Eager to pick a fight with Congress as part of his re-election campaign, Mr. Obama did the Constitutional equivalent of sticking a thumb in its eye and hitting below the belt. He installed Richard Cordray as the first chief of the Consumer Financial Protection Bureau and named three new members to the National Labor Relations Board. He did so even though the Senate was in pro forma session after the new Congress convened this week.

A President has the power to make a recess appointment, and we've supported Mr. Obama's right to do so. The Constitutional catch is that Congress must be in recess.

Mary Kissel on the recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau.
..The last clause of Section 5 of Article 1 of the Constitution says that "Neither House" of Congress can adjourn for more than three days "without the Consent of the other" house. In this case, the House of Representatives had not formally consented to Senate adjournment. It's true the House did this to block the President from making recess appointments, but it is following the Constitution in doing so. Let's hear Mr. Obama's legal justification.

Democrats had used a similar process to try to thwart Mr. Bush's recess appointments late in his term when they controlled both the House and the Senate. Prodded by West Virginia's Robert C. Byrd, who has since died, Majority Leader Harry Reid kept the Senate in pro forma session. Some advisers urged Mr. Bush to ignore the Senate and make recess appointments anyway, but he declined. Now Mr. Reid is supporting Mr. Obama's decision to make an end run around a Senate practice that he pioneered.

Some lawyers we respect argue that a pro forma session isn't a real Congressional session, and that's certainly worth debating. But that isn't the view that Mr. Reid or then-Senator Obama took in 2007-08, and it would certainly be an extension of Presidential power for the chief executive to be able to tell Congress that he can decide when Congress is really sitting and when it isn't. In any event, that still wouldn't explain the violation of the language in Section 5 above.

These appointments are brazen enough that they have the smell of a deliberate, and politically motivated, provocation. Recall the stories over the New Year's weekend, clearly planted by the White House, that Mr. Obama planned to make a campaign against Congress the core of his re-election drive. One way to do that is to run roughshod over the Senate's advice and consent power and dare the Members to stop him.

Mr. Cordray's appointment also plays into Mr. Obama's plan to run against bankers and other plutocrats. The President justified his appointment yesterday by saying that Senate Republicans had blocked Mr. Cordray's nomination "because they don't agree with the law setting up the consumer watchdog."

Yet he knows that Senate Republicans haven't called for the dissolution of the consumer financial bureau, or personally attacked Mr. Cordray, as Democrats like to claim. Republicans have said they'd be happy to confirm him if Mr. Obama agrees to reforms of the bureau that would make it more accountable to elected officials and subject to Congressional appropriations. As it stands, the bureau is part of the Federal Reserve but Mr. Cordray sets his own budget and doesn't report to the Fed Chairman. His rule-makings also don't need to worry about such inconvenient details as bank safety and soundness.
.
.The bureau has been up and running since July and is already pushing the boundaries of its examination powers. With Mr. Cordray on board, he says the bureau can now begin to issue rules, including oversight of nonbank institutions and the ability to define what constitutes an "abusive" act or practice, an invention of the Dodd-Frank financial reform that will surely lead to mischief.

As Ohio Attorney General, Mr. Cordray was tight with the tort bar and launched a barrage of national lawsuits worthy of Eliot Spitzer. His new job might be a nice populist springboard for running for Ohio Governor, should he choose to do so. Look for Mr. Cordray to announce new and controversial rules or enforcement actions, oh, say, around Labor Day.

As for Mr. Obama's three NLRB appointees, he only notified Congress of his intent to nominate them on December 15. The Senate hasn't had time to hold a single confirmation hearing. The nominees, two Democrats and one Republican, will give the labor board a quorum that it wouldn't have had with the December 31 expiration of the term of previous recess-appointee Craig Becker.

Under this Administration, the supposedly nonpartisan NLRB has become a partisan arm of Big Labor, and that will probably continue this election year. Appointee Sharon Block is the Labor Department's Congressional liaison and former aide to Ted Kennedy. Richard Griffin is general counsel for the International Union of Operating Engineers.

Remember a year ago when Mr. Obama was talking about "regulatory relief" and moving toward the political center? He even sent us an op-ed.

Congress can't do much immediately to stop these appointments, but it ought to think creatively about how to fight back using its other powers—especially the power of the purse. However, private parties will have standing to sue if they are affected by one of Mr. Cordray's rule-makings, and that's when the courts may get a say on Mr. Obama's contempt for Congress.

 

[AK Forty Seven]

Quote from Mercor:

http://online.wsj.com/article/SB100...70647994692.html?mod=WSJ_Opinion_AboveLEFTTop




..The last clause of Section 5 of Article 1 of the Constitution says that

"Neither House" of Congress can adjourn for more than three days "without the Consent of the other" house. In this case, the House of Representatives had not formally consented to Senate
adjournment.

It hasn't been more then 3 days. The Senate can adjourn without the Houses permission as long as its not for more then 3 days.


Let Harvard Law Grad and constitutional law professor at one of the top 5 law schools in the country Professor Obama handle constitutional law

 

[377OHMS]

Quote from AK Forty Seven:

It hasn't been more then 3 days. The Senate can adjourn without the Houses permission as long as its not for more then 3 days.


Let Harvard Law Grad and constitutional law professor at one of the top 5 law schools in the country Professor Obama handle constitutional law

Maybe you should quote yourself half a dozen times and mutter to yourself under your breath.

Weird and Creepy, your best attributes.

 

[AK Forty Seven]

Quote from 377OHMS:

Maybe you should quote yourself half a dozen times and mutter to yourself under your breath.

Weird and Creepy, your best attributes.

Maybe you can add something intelligent to the topic being discussed rather then constantly trolling looking for an E fight

I'm guessing your feelings are hurt that I fact checked your bull shit article but next time check your facts before saying a Harvard Law grad and constitutional professor at a top 5 US law school violated the constitution