Click on a Doomed Dinosaur
Don’t Miss the Free Republic Boat
Donate Monthly
To End FReepathons!
Sign up today
Posted on 01/04/2012 8:26:28 AM PST by montag813
I wonder what the Obama score is now for violating the Constitution? It's moving higher. Not to mention that his occupation of office is a violation.
50MM... lets not mess around.
This is a win/win for Obama.
If he gets the Senate to back down, he’s won.
If he gets Congress to try to impeach him, he has a winning campaign issue.
Republicans will probably manage to do both at once.
I think next week he's firing Congress and will be appointing new representatives of his choosing. The sad part is that if he were to try that there would still be very little opposition.
I strongly disagree.
Each chamber of Congress has the power to make its own rules, including the right to determine what is a recess to them.
Furthermore, there is a check and balance for this, as each chamber must consent to the other chamber's call for a recess, so two distinct bodies must rule on this.
There is plenty of Constitutional ground to say that the Congress gets to determine when it is in recess or not.
What we need is a statement from Roberts on this.
-PJ
No, the Constitution supercedes any law.
If the constitution says he can, and it does if the congress were really in recess, then only a constitutional amendment can change that- not a mere law.
Note that ambassadors are recess appointed though the constitution itself says they are to be confirmed by the senate.
Why is that done? Because the recess clause says it can be done.
Nope.
The President could recess appoint (if the Senate is in recess) any future Director, but until the initial Director is confirmed by the Senate, the enabling legislation, that created the Director's position, provides that the Director's powers are vested in the Secretary of the Treasury. Senate confirmation of the initial director is a condition precedent for the Director to have any authority to exercise.
Since ‘when’ has Obama ever cared about, much less followed, the US Constitution? He has spit on (and worse) that since Day One of his illegal presidency....just as he spits on Americans every single day.
If ever a US president needed to be impeached, this is the time and the “One”.
If (big if) we had any real GOP leadership and/or a GOPer with nads.....impeachment proceedings would already be underway.
Alas, such is not the case and we will continue to be royally screwed by the trojan horse Usurper-In-Chief and his supporters (America’s enemies within).
“If he were Bush and Pelosi were Speaker, “impeachable offense” would be on people’s lips.”
And who in the GOP has the nads to force the issue by sending it to the USSC? Nobody I’ve noted or seen.
“Oboma, in his arrogance, may force this issue and if the Supreme Court is required to rule, I don’t think even the liberals would support such an obvious circumvention of the checks and balances that are one of the guiding principals of our Constitution.”
Unfortunately, you may be correct in your assessment. While I try to remain optimistic for our country, it becomes more difficult daily. We have a few fairly skilled tacticians, a boatload of big talkers, but almost no real leaders.
As a leader, Oboma has shown he respects neither supporter nor opponent, disregards established norms, chooses expediency over propriety, and exercises little to no restraint in language or action. History would indicate that such a person will inevitably go too far and, at some point will be successfully confronted. It is just a matter of when that happens and how much damage he can do before then.
The House does have a role to play in this, too.
Even thought we're talking about the confirmation power (advice and consent) which is only given to the Senate, we are also talking about the Executive "deeming" when the Congress is in a recess so he can exercise his recess appointment power.
Since BOTH chambers of Congress have to concur on calling a recess, the House has a say in determining when it and the Senate are in recess. This is why the House has a play in this power grab.
Problem is what can be done about it other than filing a law suit?
Republican leaders in the House and the Senate can refuse to recognize the legitimacy of these appointments, and publicly declare that they will not accept meetings or debate legislation (perhaps only in the House where they control the agenda) that assumes these appointments to be lawful.
-PJ
That's the dilemma.
Most of the GOP would rather demure and live to fight another day, a day which never seems to come.
Many others are clamoring for new blood in Congress, people who are willing to stand up to the Democrats and fight back despite what the MSM says will happen.
I'm in the latter camp -- been there since Day One. I'm tired of Republicans talking themselves out of action every time. I'm tired of McConnell and Boehner conspiring with Democrats to not just avoid conflict, but to do so in the way most beneficial to Democrats.
-PJ
Demand that these appointees go before confirmation hearings anyway.
If Obama is going to taunt them with non-recess recess appointments, then the Republicans should declare that they are not in recess, but now that Obama has forwarded the names to Congress, Senate confirmation hearings will begin in a few weeks.
Put it back on Obama and Reid now.
And it's all within reasonable bounds of decorum. Make it sound like business as usual.
-PJ
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.