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Thank Speaker Boehner for Blocking Obama Recess Appointments
RedState ^ | May 31, 2011 | Erick Erickson

Posted on 05/31/2011 8:07:50 AM PDT by opentalk

With the Obama legislative agenda stalled, the left has turned its attention toward using the Executive power to accomplish their socialist goals. The key to this strategy is to the pack agencies, boards, and commissions such as the National Labor Relations Board and the Consumer Financial Protection Bureau, with leftists like Craig Becker and Elizabeth Warren who will advance the collectivist agenda, regardless of whether there is any legal authority to do so.

The Senate has blocked several of the more radical nominees, but under the Constitution, President Obama has the power to appoint them during a Congressional recess.

Republican Senators warned Obama not to use his recess powers to appoint Becker to the NLRB. He did it anyhow. Becker didn’t disappoint, leading the NLRB to accuse Boeing of violating workers rights by opening a plant in South Carlolina.

Observers expect him to appoint leftists to the Obamacare Independent Payment Advisory Board, they expect him to appoint liberal Peter Diamond to the Federal Reserve Board, along with Warren, Becker, and a host of other leftwing radicals. He can even recess appoint Federal judges to rubber stamp his agenda until the end of the Congress.

Obama needs two things in order to do this – (1) a pen (or, I suppose, an autopen), and a (2) a Senate recess. The Constitution is unclear how long a recess is required. Most constitutional scholars say ten days is the minimum. However, there is almost universal agreement among scholars that a recess of less than three days does not trigger the recess appointment power. In 2007, Reid held “pro-forma” Senate sessions every three days, which successfully prevented Bush from making recess appointments.

Which brings us to another provision in the Constitution. Article 1, Section 5 says “Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days[.]”. This means that without the consent of the Republican-controlled House of Representatives, the Senate cannot adjourn for more than three days, and thus President Obama cannot make any recess appointments.

On Wednesday, 20 Senators led by David Vitter and Jim DeMint wrote a letter to Speaker Boehner asking him to use his authority under Article 1, Section 5 to block the recess appointments.

On Friday, the Examiner reported that Speaker Boehner did not pass a resolution giving the Senate permission to adjourn. Therefore, as he did in 2007, Harry Reid will convene pro-forma sessions today, on Tuesday May 31, and on Friday June 3rd, in order to block his own President from doing recess appointments.

Reid was forced to do this because of the leadership of Speaker Boehner. We must thank our Speaker.

Call Speaker Boehner at 202-225-0600 and thank him for his leadership.

Tell him to continue to refuse to allow the Senate to adjourn for the remainder of the Obama Presidency.


TOPICS: Government; News/Current Events
KEYWORDS: 112th; becker; boehner; czars; fed; jimdemint; obamaradicals; thankyou; vitter; warren

1 posted on 05/31/2011 8:07:52 AM PDT by opentalk
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To: opentalk

After that AIPAC appearance, when Boehner did his Foster Brooks impression as a warmup to Netanyahu’s address...I’m in no mood to thank John Boehner for anything.


2 posted on 05/31/2011 8:09:28 AM PDT by 668 - Neighbor of the Beast (Please sir...permission to protest?)
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To: opentalk

Gotta give Boehner credit for this. This is good tactics.


3 posted on 05/31/2011 8:13:53 AM PDT by drbuzzard (different league)
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To: opentalk

So you’re saying Boehner occasionally has use of his reproductive ovoids and spine????


4 posted on 05/31/2011 8:14:28 AM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
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To: opentalk
On Friday, the Examiner reported that Speaker Boehner did not pass a resolution giving the Senate permission to adjourn.

It is way past time to quit the collegiality with Obama and the Reid.

5 posted on 05/31/2011 8:15:59 AM PDT by oldbrowser (Blaming the prince of fools shouldn't blind anyone to the vast confederacy of fools that elected him)
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To: 668 - Neighbor of the Beast
I dont understand why Boehner needed a letter to prompt action, seems it should of been automatic, from article

Senators led by David Vitter and Jim DeMint wrote a letter to Speaker Boehner asking him to use his authority under Article 1, Section 5 to block the recess appointments

6 posted on 05/31/2011 8:16:20 AM PDT by opentalk
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To: opentalk

If we’re going to point it out when he caves we should also give him props when he does the right thing. Props Mr. Speaker.


7 posted on 05/31/2011 8:18:03 AM PDT by circlecity
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To: drbuzzard

Warren is bad news, the new position has too much unaccountable power.


8 posted on 05/31/2011 8:18:33 AM PDT by opentalk
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To: opentalk

Looks like Harry Reid was forced to be John Boehner stooge.


9 posted on 05/31/2011 8:23:17 AM PDT by dennisw (NZT - "works better if you're already smart")
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To: opentalk

Boehner is generally a limp-wristed, spineless RINO. How many house investigations of the Regime have been concluded? How many have been STARTED???? And how many times has Boehner ignored the will of the people and raised the debt limit due to threats from the NY Times and Marxist, Obama henchmen! I’ll thank Boehner when he has the guts to begin the downfall of this criminal administration.


10 posted on 05/31/2011 8:30:12 AM PDT by Oldpuppymax
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To: circlecity

You’re right and I agree.......:) The Speaker may be suprised at the letters and calls he gets (which I hope will be many) and that it will give him the intestinal fortitude to do what needs to be done and not cave.


11 posted on 05/31/2011 8:33:38 AM PDT by Dawgreg (Happiness is not having what you want, but wanting what you have.)
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To: opentalk
I dont understand why Boehner needed a letter to prompt action, seems it should of been automatic, from article

He doesn't need the letter. The letter publicizes the reason for refusing the recess.

It's good to have those things in the open.

12 posted on 05/31/2011 8:39:57 AM PDT by r9etb
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To: opentalk

I’d like to know why it had to take a letter from Vitter and Demint to cajole Boehner to do his job.


13 posted on 05/31/2011 8:42:22 AM PDT by Gaffer
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To: opentalk

bump for later


14 posted on 05/31/2011 8:44:52 AM PDT by Paperdoll ( No more Bushs!)
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To: Gaffer

Thought the same thing. Where is the leadership, why the prompting to get this accomplished.


15 posted on 05/31/2011 8:45:37 AM PDT by opentalk
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To: opentalk

I guess I don’t understand. It appears the Senate can recess without the House approving, but only for 3 days. Wouldn’t that give Obama 72 hrs. to pack every vacancy in every Federal agency? Reid kept Bush from making recess appointments by keeping the Senate in phony rump sessions, but he could do it because he held the majority.


16 posted on 05/31/2011 8:49:46 AM PDT by Buckeye McFrog
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To: Gaffer

Perhaps they should write him a letter concerning the war powers act?


17 posted on 05/31/2011 8:49:52 AM PDT by liberalh8ter
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To: opentalk
John Boehner and Eric Cantor are LIARS unless their continual actions prove otherwise.
18 posted on 05/31/2011 9:11:43 AM PDT by pyx (Rule#1.The LEFT lies.Rule#2.See Rule#1. IF THE LEFT CONTROLS THE LANGUAGE, IT CONTROLS THE ARGUMENT.)
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To: Buckeye McFrog
from the article

Constitution. Article 1, Section 5 says

“Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days[.]”.

This means that without the consent of the Republican-controlled House of Representatives, the Senate cannot adjourn for more than three days, and thus President Obama cannot make any recess appointments.

...However, there is almost universal agreement among scholars that a recess of less than three days does not trigger the recess appointment power.

Because we now control the house, this is possible.
19 posted on 05/31/2011 9:15:32 AM PDT by opentalk
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To: Gaffer

Boehner didn’t need the letter; it just helps to build support for the action to know the Senate was behind him.


20 posted on 05/31/2011 11:44:26 AM PDT by Siena Dreaming
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To: Siena Dreaming
Yes, I'm sure that's the official story... But you are right. He didn't need the letter, or anyone's approval, just a pair of balls. If only.

I just know that he couldn't even secure a $66bn cut on the last go round instead getting something in the 30s which LATER turned out to be 2-3 bn? Come On! Stop making excuses for these RINOs.

21 posted on 05/31/2011 11:47:41 AM PDT by Gaffer
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To: Gaffer
When the House does something good, don't bash.

I'm glad for the bill passed on drilling a couple of weeks ago and I'm really glad for the vote that's happening tonite.

I will not bash when something is done right. If the 2012 budget is a bush, I will bash. Howevever, I won't bash for the 2011 budget which the Dems were supposed to pass and which the GOP had to cobble together because the Dems failed in their duty.

22 posted on 05/31/2011 11:55:29 AM PDT by Siena Dreaming
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To: Siena Dreaming

My bet is the 2.4 tnceiling increase is passed with NO comparative decrease in spending. It will not happen. It will not even approach a 1 tn cut. If anything it will be a pittance in the less than 100 bn range. You can settle for another RINO, or a passle of them, but I am absolutely not falling for it again.


23 posted on 05/31/2011 12:00:41 PM PDT by Gaffer
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To: Gaffer
I don't think you're right.

We shall see.

24 posted on 05/31/2011 12:05:42 PM PDT by Siena Dreaming
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To: Siena Dreaming

I hope not, but I have lived a long enough time to have things on my side when it comes to Republicans sans gonads.


25 posted on 05/31/2011 12:10:50 PM PDT by Gaffer
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