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Obama to 'Recess Appoint' Cordray in Defiance of Congress (Congress is NOT in recess!)
NY Times ^ | 01-04-2012 | Helene Cooper

Posted on 01/04/2012 8:26:28 AM PST by montag813

President Obama will challenge Senate Republican foes of the newly created Consumer Financial Protection Bureau by naming Richard Cordray as its director while Congress is out of town, according to a senior administration official.

Testifying before Congress in September, Mr. Cordray said he would make judicious use of lawsuits to enforce financial regulations.

That would allow the agency to establish new regulations over financial institutions, putting into effect elements of the financial regulatory overhaul that was one of the administration’s main achievements in Congress.

Mr. Obama’s exercise of constitutional powers to name top officials without Senate confirmation while Congress is in recess is a stiff challenge to Republicans, who have attempted to block the maneuver by holding “pro forma” sessions over the holidays.

Senator Mitch McConnell of Kentucky, the Republican leader, objected strenuously, saying Mr. Obama was overstepping the bounds of his executive power and leaving the agency open to legal challenges.

“Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people,” he said.

(Excerpt) Read more at thecaucus.blogs.nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: backoffbarry; bhocorruption; bhofascism; bhotyranny; communism; cordray; corruption; democrats; dictator; fraud; govtabuse; hopeychangey; impeach; liberalfascism; lping; nobama2012; obama; obamatruthfile; powergrab; richardcordray; socialistdemocrats; treason; tyranny; unconstitutional
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DICTATOR OBAMA HAS CROSSED THE LINE. THIS IS CLEARLY UNLAWFUL, AND VIOLATES Article II, Section 2 of the U.S. Constitution:

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.

At the very least, the Congress must announce that any actions Cordray takes as head of this agency are null and void and unlawful, as they sue to block his appointment. At most, it is an impeachable offense.

Tell everyone you know who is on the fence about supporting Obama about this defiant violation of law. And ask them: if Obama is willing to thwart the rule of law with an election on the line, just imagine what he is willing to do if re-elected and has nothing to lose!

1 posted on 01/04/2012 8:26:36 AM PST by montag813
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To: montag813

It would seem this appointment is screaming for a federal court injuntion, IF the Republicans actually have the cajones to try and stop it...


2 posted on 01/04/2012 8:33:08 AM PST by apillar
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To: montag813

zero continues to dig a deeper hole in the Constitution and no one seems to care.


3 posted on 01/04/2012 8:33:31 AM PST by immadashell
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To: montag813
in an unprecedented move, has arrogantly circumvented the American people,” he said

Wow, like totally unexpected from the liberal twit.

Quite the unprecedented move?

Everything from this administration is geared to destroy this country, while the country as a whole sleeps.

4 posted on 01/04/2012 8:34:07 AM PST by going hot (Happiness is a momma deuce)
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To: montag813

this is a setup. the consumer bureau job just isn’t that important. not even to the freaking libs.

I think he is trying to provoke congressional republicans into saying/doing something that he can portray on the campaign trail as “extreme”. the only way swing voters choose him over ANY of our candidates is if he can convince the electorate that we are literally crazy.


5 posted on 01/04/2012 8:34:32 AM PST by JohnBrowdie (http://forum.stink-eye.net)
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To: montag813

I agree with your comment #1, talk is cheap and voters hear plenty of it. What will Republicans do about it?


6 posted on 01/04/2012 8:34:59 AM PST by sickoflibs (You MUST support the lesser of two RINOs or we all die!)
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To: montag813

Unfortunately, the pubbies in the Senate are likely to do nothing. Other than posturing what we typically see are nearing with a lot of posturing, but no real results. Just look at the ongoing concern with Holder....going nowhere.

The senate shouldn’t require legal action. Just defund the whole mechanism.

Sad, but we aren’t going to see any solutions from the majority of the Republicans in Congress.


7 posted on 01/04/2012 8:36:52 AM PST by voicereason (Dems, Pubbies...too often a one-sided coin.)
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To: montag813

So, McConnell.. now that you’ve voiced your objection, what are you going to do about... voice another objection?


8 posted on 01/04/2012 8:37:34 AM PST by ScottinVA (Liberal logic: 0bamacare mandate is acceptable... but voter IDs are unconstitutional.)
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To: montag813
The Obama Administration, unfortunately, has a very strong argument to support their decision. Congress is not in session. The pro-forma sessions, although ruled by the Clinton DOJ in 93 as being sufficient and having been affirmed as such by the Obama DOJ, will not be seen as sufficient by the courts. The Constitution is silent on how long of a break constitutes a "recess" and thus there is no constitutional grounds for challenging this.

Clearly recess appointments are an anachronism and a legacy of the time when it required days or weeks to notify and assemble Congress, but it still exists as a legitimate action on the part of the President.

Wish I was wrong on this, but I don't think so.

Obama wins this one. REPUBLICANS TAKE NOTE!!!!
9 posted on 01/04/2012 8:38:05 AM PST by Sudetenland (Anybody but Obama!!!!)
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To: montag813
Step by step, Obama is working to no longer need the legislative branch of government. He has already established some funding mechanisms that don't need Congressional appropriations. Now, he shows that he no longer needs Senate approval for top level appointments.
10 posted on 01/04/2012 8:40:54 AM PST by Truth29
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To: ScottinVA

time for the GOP to take a page out of the ;lefts playbook and that is every time Bush did a speech, tried to do something the left would be out there behind Pelosi with all the cameras banging on about how bad Bush is.

Hey GOP you do the same for once in your spineless lives.

Giving a boring no emotion speech on the floor or a little speech on camera with no emotion just doesn’t cut it .

Call every media outlet, follow zero and make a emotional loud compassionate speech and then do something to stop bozo the clown


11 posted on 01/04/2012 8:45:07 AM PST by manc (Marriage is between one man and one woman.Trolls get a life, I HATE OUR BIAS LIBERAL MEDIA.)
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To: ScottinVA

Come on now. everyone knows the next step.

Write a letter.

the step after that is to cry with bonehead when they don’t get their way.


12 posted on 01/04/2012 8:46:25 AM PST by cableguymn
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To: Sudetenland
You're probably right, Obama will get his way. It's just something Presidents do, from both parties. Bush did it with John Bolton, Clinton did it with Bill Lann Lee.

FYI Richard Cordray is from my state. He is as liberal as they come and hasn't done much other than run for political office and hold public service jobs. I met him once when I testified for a (state government) committee he was on. A nice enough fellow personally, he's just a true-believer liberal Dem, which of course is why Obama wants him on his team.

13 posted on 01/04/2012 8:47:27 AM PST by chimera
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To: Truth29

This foolishness will go on only as long as we allow it. We elect reps to stand up for our rights and follow the constitution. Any representative unwilling to fight Obumo’s creeping executive takeover MUST be voted out of office.


14 posted on 01/04/2012 8:48:01 AM PST by bossmechanic (If all else fails, hit it with a hammer)
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To: montag813

This is in my opinion an impeachable offense...not that the eunuchs running the GOP would care.


15 posted on 01/04/2012 8:51:35 AM PST by The Great RJ ("The problem with socialism is that pretty soon you run out of other people's money" M. Thatcher)
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To: montag813
My Senator McConnell(Establishment RINO-KY), is a complete @$....
been DC way too long, seems to think he represents the DC crowd more than KY.

16 posted on 01/04/2012 8:51:52 AM PST by skinkinthegrass (I can take tomorrow, $pend it all today. Who can take your income, tax it all away. Obama Man can. :)
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To: manc

The MSM is highly contemptuous to both the GOP and voters. Obama and the MSM are patrons of the large Wall street financial institutions and the Fed Res. banks. Hence his insistence in appointing the financial oversight czar -and the media’s support of the move. The fact that the president alone controls the appointmentee is an important distinction being made by the banks.


17 posted on 01/04/2012 8:55:10 AM PST by Justa
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To: manc

“time for the GOP to take a page out of the ;lefts playbook and that is every time Bush did a speech, tried to do something the left would be out there behind Pelosi with all the cameras banging on about how bad Bush is.”

Exactly, counterattack. Now that McConnell gets attention to respond to this the proper statement is: “This is bad BUT no budget in 1,000 days and barry’s 97-0 budget is even worse.” Fit this in with the fact that the dims are playing sidebar games and don’t have a serious plan for economic recovery.

GO ON OFFENSE GOP!


18 posted on 01/04/2012 8:55:40 AM PST by lodi90
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To: chimera
Bush did it with John Bolton, Clinton did it with Bill Lann Lee.

Both appointements were made with Congress in recess, and both were surprises. After Bush lost the Congress in 2006, Reid kept them in session, and Bush made no more attempts to recess appoint.

19 posted on 01/04/2012 8:59:48 AM PST by montag813
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To: chimera

You are technically WRONG!! The “exceptions” you cite are when Congress ACTUALLY went into recess. During the later Bush years when Congress was controlled by Democrats, they started this “pro forma” sessions to PREVENT Bush from doing recess appointments - and Pres. Bush didn’t defeat the intent of Congress.

So - the Democrats started the process of “pro forma” sessions to prevent recess appointments - and thus blocked Pres. Bush from doing further recess appointments. I believe that this is a legitmate “check” on Presidential powers, was first used by Democrats, and therefore its abuse by a Democrat President is a gross violation of the Constitution.


20 posted on 01/04/2012 9:00:45 AM PST by Vineyard
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To: montag813

The dictator might also be making NLRB recess appointments today:

“Something to monitor today:  Reports are out that the President will make a recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau.  Those same reports indicate that other recess appointments are coming today as well.  The big question, if true, is whether the NLRB nominees are among them.  I can’t imagine that, if other recess appointments happen, the NLRB wouldn’t be included, but we’ll have to see.  Stay tuned.”

http://lawprofessors.typepad.com/laborprof_blog/2012/01/nlrb-recess-appointments.html


21 posted on 01/04/2012 9:07:09 AM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: apillar

At some point in the near future, the House MUST flex some muscle or Obama is going to simply run over them and the SC is not going to stop any of it.


22 posted on 01/04/2012 9:13:57 AM PST by Eagle of Liberty (Shaking My Head on a daily basis)
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To: ScottinVA

next comes the sternly worded letter.

I’d prefer a duel.


23 posted on 01/04/2012 9:14:58 AM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: JohnBrowdie

Seems like a no brainer, but in the past Romney has been reluctant to even speak out against Congress passing a two month extension on the debt ceiling, so it will be interesting to see what he and the others will say about Obama.

Newt on the other hand, will naturally have no problems speaking eloquently and briefly on how this represents yet another example of Obama’s inability to govern.


24 posted on 01/04/2012 9:15:44 AM PST by nikos1121
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To: montag813

The republicans keep drawing lines in the sand and Obama keeps stepping over them. When are they going to stand up and act on their sacred oath to defend the constitution?


25 posted on 01/04/2012 9:17:19 AM PST by oldbrowser (They are Marxists, don't call them democrats)
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To: montag813

I didn’t like it when Bush put Bolton in by Recess Appointment and I certainly don’t like Obama doing it. I don’t see any reason why the founders allowed this.


26 posted on 01/04/2012 9:20:17 AM PST by napscoordinator (President Santorum is our future! A miracle is happening before our eyes!)
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To: going hot

He’s really going at it fast and furious isn’t he? I think the pub cand should say “Obama’s a LIAR. Here are 10 lies he’s told in the last 10 days” or something like that. Obama’s a CRIMINAL and then give examples of ten crimes that rise to the level of impeachment. Obama’s a SOCIALIST, then ten examples of that. Obama’s CORRUPT, then ten examples of that.


27 posted on 01/04/2012 9:25:33 AM PST by ichabod1 (Mr. Santorum.)
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To: montag813
Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people,” he said.

The weak, effete, Republican elite always sound like wusses.

28 posted on 01/04/2012 9:27:32 AM PST by Prokopton
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To: montag813; P-Marlowe; wmfights
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.

To be honest with you, an originalist would point out that recessing congress in the 1700's meant sending people hundreds of miles home to states far away. The journeys themselves could be a month or more long.

The reason for the "emergency" appointment was to respond to an unknown event (crisis) that emptied an office so that it had to be "fill(ed) up". With congress unlikely to reconvene for some time, and communication as slow as transportation, the "recess appointment" made sense.

It no longer makes sense and should be excised from the constitution by amendment. Every single senator can be tweated within minutes, and any inclination they had not to support a nominee could be known nearly instantly.

This applies to any president from any party. The "recess appointment" was not added to provide presidents a dodge around the advice and consent of the Senate. It was provided as a necessity that recognized the reality of slow travel and communications.

29 posted on 01/04/2012 9:28:40 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: lonevoice

ping


30 posted on 01/04/2012 9:29:07 AM PST by Pride in the USA
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To: Pride in the USA

And Cordray is HORRIBLE! He is a pure Progressive that doesn’t think that borrowers should repay their loans. And if they don’t, it’s the lender’s fault.


31 posted on 01/04/2012 9:34:16 AM PST by whitedog57
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To: xzins
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.

Clearly the language describes an occurrence which transpires simultaneous to the recess. The current vacancy predates the recess and thus does not meet the specific criterion described in the actual language of the Constitution.

32 posted on 01/04/2012 9:35:08 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: Sgt_Schultze

Exactly, SgtS.

Great post!


33 posted on 01/04/2012 9:43:14 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: JohnBrowdie

“the consumer bureau job just isn’t that important”

How many of those does the federal government already have?


34 posted on 01/04/2012 9:43:58 AM PST by Thank You Rush
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To: montag813

and they have the cajones to say that the Republican field is extremist? Obama is the most far left radical saul Alinsky, Karl Marx protege President this country has ever had. America is as close to being ruled by a totalitarian Chavez like dictator than it has ever been.....

Republicans pounce or you are aiding and abetting the destruction of America.


35 posted on 01/04/2012 9:51:31 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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To: napscoordinator

“”I don’t see any reason why the founders allowed this.””

See Post #29 - exactly right.


36 posted on 01/04/2012 9:54:32 AM PST by Thank You Rush
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To: montag813

he can appoint all he wants... the funding still has to come from congress, right?

teeman


37 posted on 01/04/2012 9:57:16 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: Sgt_Schultze

IMO there couldn’t be a vacancy in an agency that is newly created and never had an agency head.

“”What Constitutes a “Vacancy”?”

“Historically, questions have arisen about the meaning of the constitutional phrase “Vacancies that may happen during the Recess of the Senate.” Does “happen” mean “exist” or “occur”?

The first meaning would allow the President to make recess appointments to any position that became vacant prior to the recess and continued to be vacant during the recess, as well as positions that became vacant during the recess.

The second meaning would allow recess appointments only to positions that became vacant during the recess. Although this question was a source of controversy in the early 19th century, Attorneys General and courts have now long supported the first, broader interpretation of the phrase.”


38 posted on 01/04/2012 9:59:07 AM PST by Thank You Rush
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To: Vineyard
You are technically WRONG!!

NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
NOT WRONG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

(see, anyone can use allcaps and exclamation points)

39 posted on 01/04/2012 10:00:26 AM PST by chimera
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To: apillar

1-866-220-0044, CALL NOW CALL OFTEN.... We cannot allow a Far leftwing progressive radical extremist President to turn America into Venezuela, Cuba or North Korea. Congress must act demand it now. I just called and I actually spoke to a Congressional Aid and this is what I said...

By appointing Richard Cordray the president has circumvented precedent and this action may in fact be against the law. The President using an excuse that he must act because of the economy, has now created a potential constitutional crisis this country cannot allow one man to weild unchecked and unrestrained power using any excuse he desires, As President Obama just did. Congress must act to bring this matter urgently to the attention of the American people and to put an end to the dictatorial type abuse that the President just inflicted on the country. Obviously this is typical of far leftwing progressive extremists like President Obama and I am very worried for the future of the country.


40 posted on 01/04/2012 10:04:33 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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To: montag813

You should read the comments at the end of the article.

Talk about brain dead syncophants. OMG.


41 posted on 01/04/2012 10:07:25 AM PST by exit82 (Democrats are the enemies of freedom. We have ideas-the Dems only have ideology.)
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To: Sgt_Schultze

Great post and great point.


42 posted on 01/04/2012 10:11:24 AM PST by PghBaldy (War Powers Res: http://avalon.law.yale.edu/20th_century/warpower.asp)
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To: Sudetenland

True but using this excuse that the economy demands that he act, what exactly is his check and balance now? I just want the Republicans to educate the American people on how far left Obama actually is, Obama’s goal in this election will be to win independents and moderates, he can only do that if he can convince Americans that he is right. In this he is extremely wrong and giving red meat to his base only. Using the Presidents own logic now he is saying that he will act without congressional approval on anything. Republicans must act, their response must be measured and balanced but they must do something.


43 posted on 01/04/2012 10:12:56 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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To: xzins

And that my friend is exactly how the Republicans should frame it for the American people. Obama The far left radical extremist president strikes again.


44 posted on 01/04/2012 10:18:42 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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To: chimera

Yes ...now go back to class (1st grade? 2nd grade?) and study some more. Maybe you could address my arguments rather than whining about my use of a few CAPS and exclamation points.


45 posted on 01/04/2012 10:21:35 AM PST by Vineyard
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To: montag813

Reporter: “Senator X, do you believe this appointment is unconstitutional?”

Senator X: “Yes.”

Reporter: “What do you plan to do about it?”

Senator X: [crickets]


46 posted on 01/04/2012 10:22:15 AM PST by Sharkfish
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To: Vineyard

What you ask for will be granted if you make your arguments in a more civil manner. Allcaps (yelling) and exclamation points (more yelling) do not qualify on that point. Similarly on the childish insults.


47 posted on 01/04/2012 10:29:05 AM PST by chimera
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To: montag813

Yeah? So? Watcha gonna do about it? He’s on TV now, before a group of Leftist weenies and 5th generation welfare recipients, daring Congress to stop him.


48 posted on 01/04/2012 10:52:24 AM PST by pabianice (")
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To: chimera

As a fellow Ohioan, that’s always been the impression I’ve gotten from him. I just can’t believe that a 5-time Jeopardy champion could be so stupid when it comes to politics.


49 posted on 01/04/2012 11:08:44 AM PST by conservativebuckeye
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To: montag813
Genius move from the "constitutional law professor."

If he were Bush and Pelosi were Speaker, "impeachable offense" would be on people's lips.

50 posted on 01/04/2012 11:44:46 AM PST by newzjunkey (Republicans will find a way to reelect Obama and Speaker Pelosi.)
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