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President’s “Recess” Appointments Unconstitutional, David Rivkin Testifies
OfficialWire, DavidRivkin.com ^ | 02/01/2012 | Staff

Posted on 02/01/2012 9:04:23 AM PST by american_steve

The Committee on Oversight and Government Reform chaired by Darrell Issa (R-CA) is set to begin a hearing on the morning of February 1 on President Obama's recess appointments to the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB). During the hearing, titled "Uncharted Territory: What are the Consequences of President Obama's Unprecedented 'Recess' Appointments?", constitutional attorney David Rivkin will assert that the appointments are unconstitutional.

(Excerpt) Read more at officialwire.com ...


TOPICS:
KEYWORDS: bhocorruption; bhofascism; bhosocialism; contitutionalcrisis; corruption; democrats; fraud; impeach; issa; obama; obamunism; recessappointments; rivkin; separationofpowers; tyranny; unconstitutional
"Until now, it was always assumed that Congress alone could set the terms of its sessions and evaluate its own compliance with those rules. The President’s “functionalist” approach strips this power from Congress, claiming that the President may look past Congress’s own descriptions of its actions and determine for himself their legal effect. " - David Rivkin
1 posted on 02/01/2012 9:04:24 AM PST by american_steve
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To: american_steve
I have to give credit to Darrell Issa, he keeps standing up and bringing out a lot of the BS of this administration even though the press turns a blind eye on of it.
2 posted on 02/01/2012 9:20:01 AM PST by THE_RAIDER (Somewhere in Kenya a village is missing their idiot.)
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To: american_steve

We need a list of the unconstitutional actions taken by this person in the White House and his administration ... per the evaluations of lawyers who specialize in Constitutional Law.


3 posted on 02/01/2012 9:20:56 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: american_steve

I have to give credit to Darrell Issa, he keeps standing up and bringing out a lot of the BS of this administration even though the press turns a blind eye on it.


4 posted on 02/01/2012 9:21:06 AM PST by THE_RAIDER (Somewhere in Kenya a village is missing their idiot.)
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To: THE_RAIDER

Amen! ....and let’s keep him in our prayers.


5 posted on 02/01/2012 9:21:47 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: american_steve
President’s “Recess” Appointments Unconstitutional, David Rivkin Testifies

So?? Do something about it!! Why hasn't anyone sued to overturn?? Lackacajones?? The National Chamber of Commerse was doing some Huffing and Puffing over this...but apparently they chickened out.

6 posted on 02/01/2012 9:26:02 AM PST by GoldenPup
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To: american_steve

The Constitution means nothing to our dictator.


7 posted on 02/01/2012 9:26:23 AM PST by Venturer
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To: SumProVita
... per the evaluations of lawyers who specialize in Constitutional Law.

Why would you want to listen to that class of people? It includes Obama.

8 posted on 02/01/2012 9:26:45 AM PST by sam_paine (X .................................)
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To: THE_RAIDER

Funny I give him ZERO CREDIT for doing anything yet. because in the end Nothing Will Happen, this is just a Dog and Pony Show, nothing more, there is not now and never will be any real substance of any kind coming from any of these farces put forth by the Wuss Issa. And I am going to Vegas Friday to put my money where my mouth is, at Ceaser’s Sports Book, I will try to Bet $200 on Holder if they will give me 3 to 1 odds or Better that NOTHING WILL HAPPEN TO ANYONE in this Case. I may go for a grand depending on what happens between now and then


9 posted on 02/01/2012 9:26:47 AM PST by eyeamok
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To: THE_RAIDER

Oh man, what would Obama and Hill give/do to get rid of Issa? I hope Issa had great security!


10 posted on 02/01/2012 9:29:42 AM PST by WellyP (REAL)
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To: sam_paine

He has little to NO experience of the practice of law....let alone Constitutional Law. His policies and actions all demonstrate a lack of knowledge of law, history, economics, etc..

Thus, he doesn’t qualify.

;-)


11 posted on 02/01/2012 9:36:59 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: THE_RAIDER

B
Be needs to go on record saying the actions of an illegal appointed board need or be flowed since the rules are not legal

He needs to say so to give businesses reason to resost


12 posted on 02/01/2012 9:43:26 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: american_steve
The President's "functionalist" approach strips this power from Congress, claiming that the President may look past Congress's own descriptions of its actions and determine for himself their legal effect.

Courts have described the circumstances where they, the courts, may look past a deliberative body's misleading characterizations, and thereby determine for itself (the Court) and the people involved in the case, the legal effect.

If I recall correctly, one of these was to look at the records to find evidence of a quorum; even when the records themselves imply that a quorum is in fact present.

Ahhh, found it, after some searching. See United States v. Ballin, 144 U.S. 1 (1892), and Marshall Field & Co. v. Clark, 143 U.S. 649 (1892).

If the Court is allowed to look past conclusions asserted by the legislature, into whether or not those conclusions are valid; then I submit that the president has the same power.

13 posted on 02/01/2012 10:13:02 AM PST by Cboldt
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To: SumProVita

Hey! I wasn’t lobbying for the bastard! I was recommending against advice from the entire class of so-called “Constitutional scholars!”


14 posted on 02/01/2012 10:23:35 AM PST by sam_paine (X .................................)
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To: sam_paine

I would disagree with that ...as there are very good Constitutional Law experts. Don’t toss out “the baby with the bath water.”

;-)


15 posted on 02/01/2012 10:26:46 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: SumProVita
Don’t toss out “the baby with the bath water.”

Unless the baby is named Damien.

16 posted on 02/01/2012 10:28:01 AM PST by sam_paine (X .................................)
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To: sam_paine

Let’s get to the point: Do you honestly believe that EVERY lawyer who has specialized in Constitutional Law is worthless?


17 posted on 02/01/2012 10:54:20 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: SumProVita
Let’s get to the point: Do you honestly believe that EVERY lawyer who has specialized in Constitutional Law is worthless?

Let's do indeed! The folks who wrote the Constitution are the only ones who "specialized in Constitutional Law" who were worth a damn. They wrote it in plain English. It means what it says.

The lawyers who call themselves "Experts" who have made a living obfuscating that simple language are worthless.

18 posted on 02/01/2012 11:13:45 AM PST by sam_paine (X .................................)
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To: sam_paine

You are aware that there ARE originalists in the group I referred to...are you not?


19 posted on 02/01/2012 11:17:47 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: SumProVita
You are aware that there ARE originalists in the group I referred to...are you not?

Originalists are not The Originals.

You can read and understand the Constitution! It's THAT good!

Middlemen are not necessary.

Constitutional Lawyers are like the scam artists who feed on little old ladies and charge them fees to fill out forms or subscriptions that they can do for free on their own.

They all suck. Leave the damn thing alone.

20 posted on 02/01/2012 11:58:00 AM PST by sam_paine (X .................................)
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To: sam_paine

“Middlemen are not necessary.”

I am a realist.

“They all suck.”

Not true.


21 posted on 02/01/2012 12:20:33 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: Cboldt
If the Court is allowed to look past conclusions asserted by the legislature, into whether or not those conclusions are valid; then I submit that the president has the same power.

Isn't that the proper role of the Court, whereas it is not the proper role of the Executive?

-PJ

22 posted on 02/01/2012 12:28:32 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Political Junkie Too
-- Isn't that the proper role of the Court, whereas it is not the proper role of the Executive? --

They are co-equal branches, and I suspect the Court would punt this one as being a political issue.

Rifkin's argument is that nobody can look past what Congress says it is doing, "see 'may make its own rules'". My point is that the "may make its own rules" protection or barrier is not absolute. A deliberative body that lacks a quorum, and is not making an effort to obtain one (quorum call) is just flat out not in session.

The Court was looking at the legislature's record because a litigant argued, to the court, that the law being enforced was not properly passed.

Not to say that a Court would or wouldn't do similar, if a litigant argues that an unconstitutional appointment resulted in an unconstitutional regulation.

But presidents are allowed to "go against" Congress and the Courts. Conflict between the three branches is inevitable, and which entity is superior varies, depending on the issue.

If Congress is offended deeply enough that the president is disregarding the will of the people, Congress can impeach and remove the president.

23 posted on 02/01/2012 12:46:34 PM PST by Cboldt
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