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 ...
LMAO..... THAT has to be one of your best!!!!!!!!!!!
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.
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.
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.)
You left out drug-addled.
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!!!
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?
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.
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.
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.
Interesting plan
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
He will be long gone and finished with us by the time the courts do anything.
Any of those three possibilities seem very plausible to me....with nary a word from the Republicans in protest!
I want my country back!
FUBO
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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!
Convict all you want in the House. Who here really believes that the Senate will remove him?
Anyone?
Anyone at all?
Convict all you want in the House. Who here really believes that the Senate will remove him?
Anyone?
Anyone at all?
All we can hear from DC is crickets.
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