Obama can recess appoint Berwick, but a GOP-led Congress doesn't have to fund his position

Washington Examiner ^ | 7/15/10 | Mark Tapscott

[Nachum]

If you aren't a Wall Street Journal subscriber, you should be so you can read Daniel Henniger's column on today's edition. Trust me, this column alone is worth the price of a subscription because it highlights two things - just how truly radical is President Obama's recess appointment of Dr. Donald Berwick and what the GOP must do in response if voters return them to the House majority in November.

First, Berwick truly is the disciple of centralized planning. Read these quotes from the guy, which Henninger included in his column today, and the conclusion is inescapable - Berwick loves centralized planning and believes leaders know more about societal good than anybody else:

[Dacula]

But the GOP has no balls or backbone.

[wiggen]

Very depressing article in the WSJ. Shows how the abuse of power is ingrained in our so called leaders.

[YankeeReb]

The only salutary response available to a congressional majority intent on upholding separation of powers among three equal and coordinate branches is to exercise the most basic power given to the House by the Constitution - the power of the purse, to decide how federal money will be spent through appropriations.

I went to a townhall meeting last night with Newt, this was what he said was going to happen after the new congress is seated. I'd like to see it happen but the GOP has to grow a spine. The public will be with them, until they see the RINOs talking about compromising with the regime.

[Notwithstanding]

This will be a recurring issue:

All house candidates must pledge that no budget measure or amendment will get their vote in committee or anywhere else unless obamacare funding (of any type) is excluded.

They must pledge that any funding for obamacare will be in a separate bill (with NO amendments that affect funding for other things), and that they will vote against such a bill once on the floor.

In this way Obamacare will be repudiated and Obama castrated once and for all.

[pingman]

That and a long list of serious investigations, I’m sure we can find a witch or two!

[givemELL]

Has his life-time health-care not just been donated to him? Would the same for cut-off salary not be done by liberals if salary was not funded by Congress? New ground here for precedent...if not salaried by the govt., not accountable to the public for actions?

[WilliamofCarmichael]

a GOP-led Congress doesn't have to fund his position ?

I thought a recess appointment was good until the end of the current Congress. For example John Bolton's recess appointment as our UN ambassador.

[C210N]

The Constitution states, and I quote: "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."

Thus its only good till the end of the current congress, AND, IMHO, more importantly, ONLY if the vacancy opens up during the recess. Did the vacancy occur during the week-long recent recess?

[Notwithstanding]

They must also limit the jurisdiction of all federal courts, as the constitution expressly allows them to do.

Thus congress - today - could withdraw federal jurisdiction over abortion, homosexualism, affirmative action, etc. etc. etc.

Contitution.

Article I.

Section 8. The Congress shall have power... To constitute Tribunals inferior to the Supreme Court.

Article III.

Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

[csmusaret]

I’m guessing Obama would just repeat the process at the first opportunity next year.

[Enterprise]

If the GOP takes back the House in 2010, it still won't be a GOP led House until January 2011, when the recess appointment of Berwick will end. Berwick can do a LOT of damage in just a few months.

Have Michelle Bachmann be speaker of the House instead of linguine Boehner and maybe she will show them how to defund the corrupocrats.

[SuziQ]

Henniger’s columns was most excellent!

[ronnie raygun]

First the GOP must be put back in conservative control. If this is not done there is no difference between a RHINO and a RAT and we will turn our interests to an independent candidate

[GailA]

I’ve posted a thread http://www.freerepublic.com/focus/f-chat/2553687/posts requesting a Socialized Medicine Forum topic so we can put all this stuff under 1 topic to make it easier to find and use. Please chime in.