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Constitution offers no specific guidance about Obama,,, (MSM rides to Obama's defense)
washington post ^ | 1/4/2012 | ap

Posted on 01/04/2012 3:10:33 PM PST by tobyhill

The Constitution lets presidents make temporary appointments while the Senate is in recess but does not specify what a recess is or how long one must last before that power can be exercised.

That ambiguity, courtesy of the founding fathers, is helping fuel a battle between President Barack Obama and congressional Republicans over whether he had legally installed Richard Cordray on Wednesday to head the new Consumer Financial Protection Bureau, along with three others he named to the National Labor Relations Board.

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


TOPICS: Extended News; News/Current Events
KEYWORDS: cordray

1 posted on 01/04/2012 3:10:39 PM PST by tobyhill
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To: tobyhill

AP-Obama and WaPo-Obama rushing to support their Kenyan savior.


2 posted on 01/04/2012 3:13:20 PM PST by Old Sarge (RIP FReeper Skyraider (1930-2011) - You Are Missed)
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To: tobyhill

Well, how ‘bout it Mr. McConnell? You gonna let Hussein do this s**t without repercussions?


3 posted on 01/04/2012 3:14:15 PM PST by Recovering_Democrat
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To: tobyhill

LYING LIARS in Big Media! Our country would not be in such dire straits if we had an UNBIASED MEDIA! National journalism is in it’s death throes. Good riddance!


4 posted on 01/04/2012 3:16:00 PM PST by originalbuckeye
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To: tobyhill
I would think that only Congress could declare themselves in or out of session.
5 posted on 01/04/2012 3:16:42 PM PST by Liberal Bob (looneyleft.com)
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To: All
The Constitution is very clear, they are not in recess.
6 posted on 01/04/2012 3:17:47 PM PST by tobyhill (Obama, The Biggest Thief In American History)
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To: tobyhill

Any that believe the FBI is that/this stupid is delusional..

The FBI has been penetrated.. and is complicit..


7 posted on 01/04/2012 3:20:32 PM PST by hosepipe (This propaganda has been edited to include some fully orbed hyperbole...)
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To: tobyhill

Would not the Speaker of the House declare whether in recess, or deploy the Sergeant-At-Arms to do so? I could google it, but I’d rather hear if from a FReeper.


8 posted on 01/04/2012 3:22:48 PM PST by txhurl (Perry/Pence 2012 OR Perry/Ryan 2012 or even better Perry/Abbott 2012!)
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To: tobyhill

McConnell needs to put the heat on Dingy Hairy and publicly ask him “is the Senate in recess or not”? Put it on him to clear up this “misunderstanding” with the WH. Since Reid is already supporting obama on this we can tie this issue in with all the other brazen partisanship from the Senate dims.

Sell it to the electorate as: Congress isn’t the problem. Democrats are the problem!


9 posted on 01/04/2012 3:23:34 PM PST by lodi90
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To: tobyhill
Just remember, Democrats, what goes around, comes around. This would give the next Republican President a blank ticket to appoint whomever he chooses whenever he chooses.

The MSM is correct in their assessment, but it is clear what the original intent of the Founding Fathers was, to provide continuity in government at a time in which it took weeks to assemble Congress for a confirmation vote. The question is first whether the courts will grant cert. and second if they will rule on original intent.

I don't see this as a battle we can easily win--if at all. He can only serve until January of next year.
10 posted on 01/04/2012 3:24:36 PM PST by Sudetenland (Anybody but Obama!!!!)
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To: All


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11 posted on 01/04/2012 3:25:35 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: tobyhill
According to this article, there is another problem for President Obama, his appointee and for the agency.
One question a judge could need to answer is whether Cordray will actually be able to assume those powers since he has been recess-appointed. The text of the Dodd-Frank law states that those powers will not take effect until the CFPB director “is confirmed by the Senate.” (Emphasis added)
Even ignoring what the Constitution says and has historically been interpreted to mean (as President Obama et al have done), the language of the statute itself seems clear and a principal legal question may be who has standing to assert the point.
12 posted on 01/04/2012 3:28:01 PM PST by DanMiller (Dan Miller)
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To: tobyhill

I really think there will be a special place in hell for hussein.


13 posted on 01/04/2012 3:32:55 PM PST by freeangel ( (free speech is only good until someone else doesn't like it)
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To: tobyhill

Congress ought to impeach and remove this Cordray as his appointment itself is unconstitutional. Then they should impeach and remove the fool who appointed him.


14 posted on 01/04/2012 3:33:08 PM PST by GenXteacher (He that hath no stomach for this fight, let him depart!)
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To: tobyhill

How about if there isn’t a recess? Does it cover it then?

If the Congress indicates it was not in recess and that no recess was called, then a President cannot constitutionally make a recess appointment.


15 posted on 01/04/2012 3:38:08 PM PST by Jeff Head (Liberty is not free. Never has been, never will be. (www.dragonsfuryseries.com))
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To: GenXteacher

If it’s a new agency - Congress should not fund it - or the newly designated czar.


16 posted on 01/04/2012 3:39:06 PM PST by sodpoodle ( Newt - God has tested him for a reason..)
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To: tobyhill

Sounds like they’ve recycled Al Gore’s “No controlling legal authority” excuse.


17 posted on 01/04/2012 3:39:54 PM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: freeangel
I really think there will be a special place in hell for hussein.

One of the Twelve Princes of Darrkness, standing at the left hand of Satan?

18 posted on 01/04/2012 5:04:51 PM PST by ApplegateRanch (Made in America, by proud American citizens, in 1946.)
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To: ApplegateRanch

Constitution...schmonstitution...I don’t need no stinkin’ Constitution!!!!!!!


19 posted on 01/04/2012 5:07:59 PM PST by hal ogen (1st Amendment or Reeducation Camp?)
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To: Jeff Head
If the Congress indicates it was not in recess and that no recess was called, then a President cannot constitutionally make a recess appointment.

Bingo!

Each House makes its own rules, including whether or not it is in session; recessed; or adjourned.

Unless they declare Recess or Adjournment, they are not recessed or adjourned.

20 posted on 01/04/2012 5:08:55 PM PST by ApplegateRanch (Made in America, by proud American citizens, in 1946.)
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To: ApplegateRanch
Each House makes its own rules, including whether or not it is in session; recessed; or adjourned.

Furthermore, each chamber must consent to the recess of the other chamber, so there are checks and balances on what is a recess.

This is a nonsense article by the Washington Post.

-PJ

21 posted on 01/04/2012 5:17:48 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Old Sarge

The Constitution does give the President the power to make recess appointments and does not define “recess.” However, Article 2 of the Constitution also gives the Senate (not the President) to establish its own rules. I have not seen this crucial issue discussed in the media.


22 posted on 01/05/2012 8:10:38 AM PST by HDCochran
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