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Obama's Recess Appointments: An Impeachable Offense?
IBD Editorials ^ | January 5, 2012 | Editor

Posted on 01/05/2012 5:46:33 PM PST by Kaslin

Constitution: President Obama's nonrecess "recess appointments" can't be excused as over-the-top electioneering. This president has crossed over from socialistic extremism into lawlessness and, perhaps, impeachability.

The U.S. Constitution established a strong presidency — so strong that even one of the most esteemed founding fathers, Patrick Henry, worried it would be kinglike. But this week saw a president exceed even those broad constitutional powers because doing so fits his election-year narrative of a "do-nothing Congress" so well.

Now we have the makings of a banana republic, where the rule of clearly written constitutional law is compromised by a ruler's subjective whim.

The Constitution is crystal clear on the recess appointment authority of the president.

"The president shall have power," Article II, section 2 states, "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."

The Senate has not been in recess. And Congress' authority over when it is and isn't in recess is no small matter of parliamentary procedure. Rather, it is a power the Framers explicitly bestowed in Article I, Section 5:

"Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days."

Yet Obama on Wednesday, with no recess in effect and against the publicly stated position of his own Justice Department, made four "recess appointments."

(Excerpt) Read more at news.investors.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: bhofascism; cordray; corruption; democrats; impeach; mustbeimpeached; obama; recessappointment; recessappointments; tyranny
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1 posted on 01/05/2012 5:46:36 PM PST by Kaslin
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To: Kaslin

Why is the “do-nothing Congress” ploy landing on the GOP when the Dems control the Seate and that’s where all the bills are stalled? The comeback to this is that the House has passed a budget and the Senate has not.


2 posted on 01/05/2012 5:49:48 PM PST by ez (When you're a hammer, everything looks like a nail.)
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To: Kaslin

So who is going to do something about this?


3 posted on 01/05/2012 5:52:00 PM PST by fightinJAG (So many seem to have lost their sense of smell . . .)
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To: Kaslin
First he got away with the Rhineland—then Austria—then the Sudetenland—then Checkoslovakia—then...

He just took the Sudetenland.

4 posted on 01/05/2012 5:52:10 PM PST by Happy Rain ("The GOP establishment BELIEVE conservatives can't win--Liberals KNOW conservatives win.")
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To: Kaslin
The vast majority of Americans get their "news" from the MSM, mostly TV. I do not have TV.

If TV is simply reporting almost 100% that recess appointments are common -- both Parties do them -- and the Republicans are acting like nutty "Birthers" then like that tree falling with no one around -- there is no impeachable offense, no problem whatsoever.. no one heard a thing.

5 posted on 01/05/2012 5:53:59 PM PST by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: Kaslin
"...happen during the recess of the Senate..."

So, the vacancy to be filled by the recess MUST occur DURING the recess, presumably that one.

6 posted on 01/05/2012 5:54:06 PM PST by C210N (Dems: "We must tax you so that we can buy your votes")
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To: fightinJAG

So who is going to do something about this?
_________________
My guess... nobody. They won’t do anything until he comes for the guns, then it will be too late, it always is, historical dictators all follow the same path.


7 posted on 01/05/2012 5:58:30 PM PST by mojitojoe (SCOTUS.... think about that when you decide to sit home and pout because your candidate didn't win)
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To: Kaslin
If this goes unchallenged they need to fire Boehner. I am on fire with rage.
8 posted on 01/05/2012 5:58:38 PM PST by boomop1 (term limits is the only way to save this country.)
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To: boomop1

I am on fire with rage.
_______________________
Ive been that way since he did it. I’m so mad that if they don’t stop this madman I’m seriously thinking of just getting the hell out of here. I just can’t watch it anymore and every time I pay taxes I feel as if I am supporting the destruction of my country.


9 posted on 01/05/2012 6:01:12 PM PST by mojitojoe (SCOTUS.... think about that when you decide to sit home and pout because your candidate didn't win)
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To: Kaslin
"Yo! The masses are to dumb to realize what I am doing is unconstitutional, and if you say anything about it you will be branded a racist! So what you gonna do about it?"


10 posted on 01/05/2012 6:02:05 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: Kaslin

Finding enough politicians with the courage to derail Obama seems to be impossible. No one is going to impeach him, no matter what he does.


11 posted on 01/05/2012 6:02:55 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: Kaslin
OBAMA CANT WAIT, OBAMA CAN'T WAIT
12 posted on 01/05/2012 6:04:15 PM PST by FrankR (What you resist...PERSISTS!)
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To: Kaslin

My loathing of the illegitimate bisexual Halfrican Marxist Kenyan Muslim knows no earthly bounds.


13 posted on 01/05/2012 6:04:38 PM PST by Old Sarge (RIP FReeper Skyraider (1930-2011) - You Are Missed)
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To: mylife

Defund NLRB and the Consumer finance Agency. Prohibit paying appointees and impeach the president.


14 posted on 01/05/2012 6:05:55 PM PST by Rodm
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To: fightinJAG

One Senator will refuse unanimous consent until this has been dealt with.

Wait, no... no one will do anything. It’s vacation time.


15 posted on 01/05/2012 6:05:59 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: Rodm

Congress could get the first 3 done.


16 posted on 01/05/2012 6:09:09 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: C210N
So, the vacancy to be filled by the recess MUST occur DURING the recess, presumably that one.

Apparently POSOTUS is confusing congressional recess with grammar school recess (generally about 45 minutes).

17 posted on 01/05/2012 6:10:02 PM PST by immadashell
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To: Kaslin

Yeah, it’s an impeachable offense. But no removal will happen. That takes 67 votes in a Senate with a Dem majority.


18 posted on 01/05/2012 6:10:42 PM PST by dirtboy
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To: boomop1

The demeaned and humiliated body is the Senate.
Boehner isn’t in the Senate.

Impeaching Obama for abrogating the powers of the Senate makes no sense if the Senate as a body won’t convict, won’t punish, heck, won’t even complain.

In that case the courts are the responsible ones for address.


19 posted on 01/05/2012 6:12:54 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: Kaslin
If any Repub holds their breath on this one; with the idea/hope that it could/should/would happen; they will die from oxygen deprivation.

Gutless wonders we have. . . If Newt was in leadership per RNC; think the 'tides were turn' on this one.

Would offer, that America is kidding itself; on it's 'evolvement' per 'First Black President' - when because of his color - he cannot be held accountable, as any other President, should be; or 'has been'.

Of course; it is a Liberal bias and argument; but a clash; we will not win; as long as we fear, the racist log, in the Liberal eye.

Insanely unfortunate; but, thanks to inside the Beltway; Repub 'wisdom' - so called - it appears we are again; on the 'Do Not Offend' Plan for Losers.

20 posted on 01/05/2012 6:16:02 PM PST by cricket (/get the 'Occupier out of o;ur White House!/ vote Newt 'in'. . .and it is NOT just the economy!)
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To: FrankR

LMAO..... THAT has to be one of your best!!!!!!!!!!!


21 posted on 01/05/2012 6:17:10 PM PST by Gator113 (~Just livin' life, my way~..... GO NEWT GO.....!)
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To: Kaslin

The president’s recent “in your face” recess appointments have escalated this questionable procedure to an extraordinary level. If left to stand, it is reasonable to expect that in the future, the current president or any successor, will feel justified in using this procedure any time an appointee is rejected or delayed. Taken to the extreme, a procedure designed to provide for continuity of government, effectively repeals the Senate role in selection of high level officials. This is a matter that should concern everyone, republicans and democrats alike. The question then becomes what can be done to reestablish equilibrium.

I think the solution resides in the Constitution itself, not in the courts or the amendment process. Consider the following:

Article 2, Section 2 provides that: 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. For the purpose of this clause a session is considered to end not upon a recess, but only when the congress adjourns sine die. It is important to note that commissions expire at the end of the next session, not at the end of the next year.

Section 2 of the 20th Amendment provides that: The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. While there is a requirement that a session must begin at a specified date and time, there is no specified time for adjournment nor limitation on the number of sessions they can hold in any one year. That is left to Congress and, in fact, there is precedent for multiple sessions in one year. Following adjournment Congress can be called back into session by the President or can call themselves back into session.

Without any harm to the Constitution, Congress could reassert their authority by voting to adjourn sine die on the next day they meet. Leadership could subsequently call them back into session at any time following that adjournment (even five minutes later.) They could adjourn sine die again and leadership could subsequently call them back into session. Adjournment does not require approval of the President nor is the act itself or length of session subject to review by the Courts.

Under Article 2, Section 2, the commission of any recess appointee would expire at the exact time the abbreviated session ended thus flushing the system without involvement of the Courts or the President. The Senate’s confirmation power would be effectively restored and any President contemplating such action in the future would be on notice that it would not work. Unlike impeachment or amendment, it would only require a simple majority.


22 posted on 01/05/2012 6:17:19 PM PST by etcb
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To: Kaslin

To most of the sleeple, this is just a recess appointment or a nothing-burger. I don’t know what the intolerable act will be. Zero will keep pushing the envelope slowly. But, he can’t win in November unless he gets a strong 3rd party candidate to split the anti-obama vote, gets into war with Iran and declares martial law with delay of elections, or really massive vote fraud under the cover of riots and civil strife.


23 posted on 01/05/2012 6:18:04 PM PST by grumpygresh (Democrats delenda est; zero sera dans l'enfer bientot.)
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To: Kaslin

Sure, term limits would correct a lot of these problems.

But will the Congress support an Amendment calling for term limits? What do you think, pilgrim?

The ONLY way to get such an Amendment passed and sent to the states is for the states THEMSELVES to propose the Amendment. Read Article V. There are two ways to propose Amendments and one of them won’t work in this case.

(Now here comes the “Oh Horrors! A Constitutional Convention!!” crowd. Sigh.)


24 posted on 01/05/2012 6:20:57 PM PST by DNME (A monarch's neck should always have a noose around it. It keeps him upright. - Robert Heinlein)
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To: Old Sarge

You left out drug-addled.


25 posted on 01/05/2012 6:22:21 PM PST by omega4179 (We can't wait!............. for the end of an error.....1-20-13)
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To: ez

Talk to any tea party candidate elected into office...call any one of their offices and you will hear they are being held by the GOP leadership...in most case Mitch McConnell.

We are screwed as long as McConnell and Boehner have any control. They suck!!!


26 posted on 01/05/2012 6:23:27 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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To: dirtboy
"....Yeah, it’s an impeachable offense. But no removal will happen. That takes 67 votes in a Senate with a Dem majority....."

Yeah, that's true. But in Clinton's case, for example, it was prosecuted anyway...knowing full well the Senate would not convict.

But Clinton was still left impeached....which, I believe, was the goal.

Why not do it for this bastard? Is he any better than Clinton?

Doesn't Obama at least deserve the humiliation of impeachment?

27 posted on 01/05/2012 6:23:38 PM PST by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: mojitojoe

Understand everyone’s feelings.

Please just stand by.

The foundations of our country are strong and we can survive this for a short time longer.

Then-—If all else fails-—we shall see who goes forth away from us.


28 posted on 01/05/2012 6:26:01 PM PST by Steve Newton
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To: Victor
Do Dems give a rats backside about humiliation? Charlie Rangel was humiliated. Clinton was humilated. Made no change to their power.

The only real power is the purse. The GOP-controlled-House needs to defund any agency where Obama made these appointments. That is the only real power they have here.

29 posted on 01/05/2012 6:27:15 PM PST by dirtboy
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To: etcb

And when they adjourn Obama could reappoint, and then they’d adjourn and Obama would reappoint....

I do see this as a possible method if Obama recess-appoints his weirdos in the adjournment before the next congress- which would be Republican.

Teddy Roosevelt did that. 100+ recess appointments in the period between gavelling the old session adjourned and gavelling the new one started.


30 posted on 01/05/2012 6:33:20 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: etcb

Interesting plan


31 posted on 01/05/2012 6:50:06 PM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: WilliamofCarmichael
The vast majority of Americans get their "news" from the MSM

ABC Radio news breaks at the top of the hour have been saying all day that Congress has been in recess.

The MSM is clearly on Obama's side on this, openly lying to the public about the status of one branch of the federal government.

-PJ

32 posted on 01/05/2012 6:56:52 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: mrsmith

He will be long gone and finished with us by the time the courts do anything.


33 posted on 01/05/2012 7:04:00 PM PST by boomop1 (term limits is the only way to save this country.)
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To: grumpygresh

Any of those three possibilities seem very plausible to me....with nary a word from the Republicans in protest!

I want my country back!


34 posted on 01/05/2012 7:04:58 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: grumpygresh
The Homo can declare all the martial law he wants but he'll be stifled by
states refusing to enforce it and the Election will go forward with or without
his mulatto ass. He has no military to bring enforcement. And our military leaders
will laugh in his face. I would love to see him try this treasonous act.


FUBO

35 posted on 01/05/2012 7:09:18 PM PST by MaxMax
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To: Kaslin

When in the course of human events the USA has a president who “just can’t wait,” this is the usual result: “ - - - But this week saw a president exceed even those broad constitutional powers - - -.”

It is then duty of the US House of Representatives to draw up Articles of Impeachment for the purpose of determining his guilt or innocence of the charges included in said Articles of Impeachment.

GAME ON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


36 posted on 01/05/2012 7:19:33 PM PST by Graewoulf (( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.))
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To: Kaslin

And congress has done NOTHING to stop this outrage!

I hope we can just boot him out via election or we are toast as a country!


37 posted on 01/05/2012 7:23:48 PM PST by LUV W (This tagline reserved for a hero.......)
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To: Kaslin

Convict all you want in the House. Who here really believes that the Senate will remove him?

Anyone?

Anyone at all?


38 posted on 01/05/2012 7:25:24 PM PST by Grunthor (Mitt better than Obama? Give me three examples.)
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To: Kaslin

Convict all you want in the House. Who here really believes that the Senate will remove him?

Anyone?

Anyone at all?


39 posted on 01/05/2012 7:25:32 PM PST by Grunthor (Mitt better than Obama? Give me three examples.)
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To: Graewoulf

All we can hear from DC is crickets.


40 posted on 01/05/2012 7:27:58 PM PST by LUV W (This tagline reserved for a hero.......)
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To: LUV W
All we can hear from DC is crickets.

I can't even hear the crickets. But I'm far from there, maybe that's why.

41 posted on 01/05/2012 7:29:44 PM PST by Revolting cat! (Let us prey!)
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To: Steve Newton
The foundations of our country are strong and we can survive this for a short time longer.

Once upon a time, I would have agreed with you, but that seems like such a long time ago now. As it is, I'm holding out for divine intervention.

The only thing that can save us is our fellow Americans' understanding of what is being done to us and how we have been and are being deceived.

Unfortunately, most believe the deceivers.

42 posted on 01/05/2012 7:31:34 PM PST by GBA (Natural Born American)
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To: VikingMom

Just This week: appointments without recess, agree to share missile secrets with Russia and China, gut the military, release Taliban prisoners to Taliban after secret negotiations with them. After his 4million $ vacation. He keeps moving along at a steady pace to destroy America.


43 posted on 01/05/2012 7:33:47 PM PST by maranatha
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To: Kaslin
..."do-nothing Congress"...
That expression is going to get a whole new meaning from that currently in use if Congress doesn't do something about these appointments.
44 posted on 01/05/2012 7:36:22 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Victor

HELL YES! Impeach the SOB!! Who cares if the Democratic led Senate will convict him? They’re nothing but partisan traitors anyway. The House should file articles of impeachment immediately; start the freaking process!! Time and again, Obama has slapped the GOP across the face, taken advantage of them, insulted them, consistently lied to them, spit on them, makes them the butt of jokes in public, kicked them in the groin, and now he just laughs and dares the GOP to do anything... Obama plays hard ball demon politics to win and the damn weak ass GOP leadership simply takes their licks and rolls over. Seems their only worries are that the Washington Post might write something bad about them if they strike back! Apparently, they don’t realize how weak, inept and impotent they seem to be.


45 posted on 01/05/2012 7:49:06 PM PST by Smnz (Frogmarch Obama and Holder in chains.)
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To: grumpygresh
Keep stretching your imagination.
You've left out another possibility...
Declare a state of national emergency to deal with the economic crisis

EO 12148

2-203. For purposes of this Order, "civil emergency" means any accidental, natural, man-caused, or wartime emergency or threat thereof, which causes or may cause substantial injury or harm to the population or substantial damage to or loss of property.

Pretty scary, IMO, considering the economic times...and it's all legal and waiting in the wings.

Codification of Presidential Proclamations and Executive Orders
Chapter 44--Emergency Management and Assistance

46 posted on 01/05/2012 7:52:55 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Kaslin
The U.S. Constitution established a strong presidency

Another flaw. We got ourselves Putinism 200 years before Putty was born.

47 posted on 01/05/2012 7:54:45 PM PST by Revolting cat! (Let us prey!)
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To: Revolting cat!

I am, too....thank goodness!

Just when we think it can’t get worse.....


48 posted on 01/05/2012 7:57:27 PM PST by LUV W (This tagline reserved for a hero.......)
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49 posted on 01/05/2012 8:01:13 PM PST by RedMDer (Forward With Confidence!)
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To: mojitojoe
I feel as if I am supporting the destruction of my country.

If it's any consolation, you're not the only one who feels that way.

50 posted on 01/05/2012 8:09:51 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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