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Even Obama Agrees that the Senate Was Not in Recess
Heritage ^ | January 5, 2012 | Andrew Grossman

Posted on 01/05/2012 6:41:02 PM PST by Qbert

Defenders of President Obama’s unprecedented “recess” appointments of Richard Cordray to the new Consumer Financial Protection Bureau and three members to the National Labor Relations Board argue that the Constitution is vague on when Congress is in session and that the President can therefore take a “functionalist” approach that considers whether the Senate is available to vote on nominations.

Yet even the President doesn’t buy that argument.

Proof is that on December 23, President Obama signed a two-month extension of the payroll tax cut.  He said that Congress passed the bill “in the nick of time” and that it was “a make-or-break moment for the middle class in this country.”  The compromise extension really did come through at the last minute, but in a different sense: most members of the Senate had already departed Washington, D.C. That’s why on December 17, the Senate agreed to an order instituting “pro forma” sessions, of the kind the President now claims are actually recess.  (See the PDF of the Congressional Record here.)  But it was at one of those sessions, on December 23, that the Senate passed the payroll tax cut extension that the President signed into law later that day.  (Again, see the Congressional Record entry.)

Of course, if the Senate was actually on recess that day, it couldn’t have passed the bill, and the President couldn’t have signed it into law.  (The President has not claimed—at least, not yet—that he can enact laws that have not passed Congress.)  But in that case, the President chose to respect the Senate’s own view as to whether it was open for business.

And he was right to do so.  The Constitution empowers the Senate to “determine the rules of its proceedings,” and that’s just what the Senate did by scheduling pro forma sessions at the end of the year.  That much of the Senate was out of town is irrelevant, as passage of the tax cut extension demonstrates.  Indeed, the Constitution specifically provides that, although it states that “a majority . . . shall constitute a quorum to do business” in the Senate, “a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members.”  In this way, the Constitution specifically authorizes rump sessions that, if necessary, can recall the rest of the body to conduct vital business.

Nothing even suggests that the President gets to overrule Congress on this point.  To the contrary, the Constitution prevents either chamber from adjourning for more than three days “without the consent of the other” and, while it requires that all bills and resolutions be presented to the President for signature or veto, carves out a sole exception for votes “on a question of adjournment.”

It is little surprise that an Administration which finds the Constitution flexible enough to support an individual mandate for individuals to purchase health insurance would also argue that its seemingly clear text is sufficiently pliable to empower the President to overrule Congress’s decision that it’s actually in session.

But to make that argument less than two weeks after embracing the very opposite position, that takes chutzpah!


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: bhofascism; cfpb; cordray; corruption; democrats; nlrb; obama; recessappointments

1 posted on 01/05/2012 6:41:06 PM PST by Qbert
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To: Qbert

Sooooo.l..who’s ever going to stop this destructive creep?????? Congress? Supreme court? Voters?


2 posted on 01/05/2012 6:43:43 PM PST by hal ogen (1st Amendment or Reeducation Camp?)
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To: Qbert

What is the name of the crime Obama knowingly committed, what are the penalties, and who must now enforce it?


3 posted on 01/05/2012 6:47:25 PM PST by Proud2BeRight
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To: Qbert

The twilight of a Republic: The law and the Constitution mean what the government says it means, when the government says it


4 posted on 01/05/2012 6:47:31 PM PST by Truth29
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To: Qbert
But to make that argument less than two weeks after embracing the very opposite position, that takes chutzpah!

Obama's word for it would be "audacity."

-PJ

5 posted on 01/05/2012 6:49:35 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: Qbert

Great article!

Heritage always brings in the gold.


6 posted on 01/05/2012 6:51:48 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: hal ogen

Santorum says the Senate should sue him:

http://thehill.com/blogs/blog-briefing-room/news/202491-santorum-says-senate-should-sue-over-obama-appointments


7 posted on 01/05/2012 6:53:01 PM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: Qbert
OBAMADOLF, OBAMADOLF
8 posted on 01/05/2012 6:55:31 PM PST by FrankR (What you resist...PERSISTS!)
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To: Qbert

Another reason to Impeach loose cannon Obama, the desperate Bolshevik.


9 posted on 01/05/2012 6:55:31 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: Qbert

Impeach Obama


10 posted on 01/05/2012 6:56:09 PM PST by RightGeek (FUBO and the donkey you rode in on)
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To: Qbert

So all the libs just ecstatic about this, would they be this happy if Bush would’ve tried this?


11 posted on 01/05/2012 6:58:36 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: hal ogen

Who is going to stop him? Hopefully the voters in the 2012 election.

The first order of business performed at the new opening of Congress should be to take Obama’s appointments and discharge them. The next order of business should be to inpeach Obama for the knowing violation of the Constitution and the oath of office he took.

Tell them flat out that they have no job.

Do I expect that? I do not.


12 posted on 01/05/2012 6:58:49 PM PST by Venturer
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To: Qbert
(The President has not claimed—at least, not yet—that he can enact laws that have not passed Congress.)

Give it some time.

13 posted on 01/05/2012 7:02:33 PM PST by MAexile (Bats left, votes right)
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To: Qbert
Obama obviously thinks that whenever HE is at recess, the entire federal government is in recess.

Nothing good can come of this, other than his replacement.

14 posted on 01/05/2012 7:03:35 PM PST by elkfersupper ( Member of the Original Defiant Class)
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To: Qbert

It seems like Saturdays debate would be a good time to broach the topic.


15 posted on 01/05/2012 7:11:39 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: mylife

Newt broached the topic tonight on Sean Hannitys TV show. Newt said what Obama did was clearly unconstitutional. You can expect it to be a hot topic at the debates.


16 posted on 01/05/2012 7:14:19 PM PST by Parley Baer
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To: Graewoulf
Another reason to Impeach loose cannon Obama, the desperate Bolshevik.

Just stop to realize who would be the "jury" in an impeachment of Obama.

17 posted on 01/05/2012 7:14:28 PM PST by oldbrowser (They are Marxists, don't call them democrats)
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To: Parley Baer

Good!


18 posted on 01/05/2012 7:15:21 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: Qbert

I wish people would just listen to what Obama says. He just said in so many words that he will govern without Congress. Just like he promised to “fundamentally transform” America. He’s doing it and with lots of help.


19 posted on 01/05/2012 7:19:14 PM PST by JimSEA
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To: Qbert

This IMHO is part of Obama’s ghetto interpretation of the Constitution: the Constitution means whatever Obama thinks it means... at the moment.


20 posted on 01/05/2012 7:40:17 PM PST by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: RightGeek

Then what, hmm? The dem controlled Senate is going to remove him?

Not one chance in hell that happens and you know it so impeachment is a waste of time.


21 posted on 01/05/2012 7:43:01 PM PST by Grunthor (Mitt better than Obama? Give me three examples.)
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To: elkfersupper

“Nothing good can come of this, other than his replacement.”

He is EVIL...He is the first PONS Potus...EVIL to the core.

Yes, he must be replaced. Sooner is better.


22 posted on 01/05/2012 7:52:47 PM PST by GGpaX4DumpedTea (I am a tea party descendant - steeped in the Constitutional legacy handed down by the Founders)
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To: Grunthor

Tie him up with impeachment on his paying off donars with energy contracts and with multiple violations of the constitution and make his life as miserable as he makes the lives of Americans. He’s NOT a natural born citizen either.


23 posted on 01/05/2012 7:55:00 PM PST by SaraJohnson
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To: All

Miss Cleo predicts:

He will be treated just like Nicolae CeauÅŸescu was.

Obama’s government will be overthrown in a Sept 2012 revolution, and he and his wife will be executed following a televised and hastily organised two-hour court session.


24 posted on 01/05/2012 7:58:32 PM PST by troy McClure
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To: oldbrowser

” - - - Just stop to realize - - - “ that between now and 11-2012 Obama will complete his Bolshevik agenda, while we sit sit on our hands and sadly watch our sorry Congress make angry speeches.

Dictators only have the power that we allow them to have.

Game on!


25 posted on 01/05/2012 8:01:17 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: JimSEA
I wish people would just listen to what Obama says. He just said in so many words that he will govern without Congress. Just like he promised to “fundamentally transform” America. He’s doing it and with lots of help.

I don't think we've changed much, fundamentally. We put up with a boatload of the same kind of crap from the British once upon a time. For a while.

26 posted on 01/05/2012 8:02:16 PM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: SaraJohnson

You are exactly correct. However, there are no Republicans with cahonas to do it.


27 posted on 01/05/2012 8:10:39 PM PST by AGreatPer (Obama has NEVER given a speech where he did not lie!!!)
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To: Qbert

The Republicans dont have the balls to do anything about this. No balls at all.


28 posted on 01/05/2012 8:36:55 PM PST by capydick (''Life's tough.......it's even tougher if you're stupid.'')
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To: Qbert

Since the “recess” appointments by Obama are unconstitutional then any order that the appointees make does not have to be obeyed.


29 posted on 01/05/2012 9:25:20 PM PST by Chewbacca (woof woof. That's my other wookie impression.)
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