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Obama’s recess appointments are unconstitutional (Impeach the Communist Slimeball)
WASHINGTON POST ^ | 1/5/2012 | Edwin Meese III and Todd Gaziano

Posted on 01/05/2012 8:03:23 PM PST by tobyhill

President Obama’s attempt to unilaterally appoint three people to seats on the National Labor Relations Board and Richard Cordray to head the new Consumer Financial Protection Bureau (after the Senate blocked action on his nomination) is more than an unconstitutional attempt to circumvent the Senate’s advise-and-consent role. It is a breathtaking violation of the separation of powers and the duty of comity that the executive owes to Congress.

Yes, some prior recess appointments have been politically unpopular, and a few have even raised legal questions. But never before has a president purported to make a “recess” appointment when the Senate is demonstrably not in recess. That is a constitutional abuse of a high order.

As a former U.S. attorney general and a former Office of Legal Counsel lawyer who provided advice to presidents on recess appointment issues, we have defended and will continue to defend the lawful use of the recess appointment power. Although originally conceived by the Framers for a time when communicating with and summoning senators back to the Capitol might take weeks, it is still valid in a modern age — but only as long as the Senate is in recess. Not only was the Senate not in recess when these purported appointments were made, it constitutionally could not have been.

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


TOPICS: Extended News; News/Current Events
KEYWORDS: cordray; recessappointments
The Libtards and the Lame Stream Media claim Obama taught Constitutional Law yet nobody has seen any proof of his teachings or any former students.
1 posted on 01/05/2012 8:03:26 PM PST by tobyhill
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To: tobyhill

But impeachment is a House duty and it is the Senate that he is in contempt of.

The Senate must act before the House impeaches.

Sadly, if the Senate accepts Obama’s contempt the only recourse is the third branch.


2 posted on 01/05/2012 8:07:09 PM PST by mrsmith (It's 2012 now. Have you found a Tea Party nominee for your House seat yet?)
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To: tobyhill

WOW!
This in the WaPo?


3 posted on 01/05/2012 8:09:32 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: tobyhill

The Libtards and the Lame Stream Media claim Obama taught Constitutional Law yet nobody has seen any proof of his teachings or any former students.


He hates the Constitution.

This evil man is going to become a real dictator if he is re-elcted.

We’re already in a Marxist dominated Oligarchy.


4 posted on 01/05/2012 8:10:39 PM PST by unkus (Silence Is Consent)
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To: tobyhill
Obama is 'rewriting' the Constitution and what He says is Constitutional is Constitutional.

Oh...and get used to calling him King Obama. Lest ye be scrutinized by His minions and hauled away for re-education. Just BO. HICA.

5 posted on 01/05/2012 8:11:31 PM PST by Bloody Sam Roberts ("The price of freedom is willingness to do sudden battle anywhere, anytime..." - Robert A. Heinlein)
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To: tobyhill

Congress would tie itself up with impeachment hearings if it went that route. I think ‘bam would like that.

They need to get him where it hurts— in the purse.

If ‘bam wins the election, impeach him then.


6 posted on 01/05/2012 8:12:24 PM PST by tsomer
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To: mrsmith

And that ‘third branch’ (specifically the Roberts court) has no balls at all. They’ll whine and opine, and then essentially rubber stamp what the little Emperor has done.


7 posted on 01/05/2012 8:13:04 PM PST by mkjessup (Jimmy Carter is the Skidmark in the panties of American history, 0bama is the yellow stain in front.)
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To: Bloody Sam Roberts

FUBO!!!

Evil sonofabitch.


8 posted on 01/05/2012 8:13:16 PM PST by unkus (Silence Is Consent)
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To: mylife

I bet it was an opinion piece written by Edwin Meese III and Todd Gaziano. However you have to give WaPo credit for publishing it.


9 posted on 01/05/2012 8:13:39 PM PST by Parley Baer
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To: tsomer
If ‘bam wins the election, impeach him then.

He is not even a natural born citizen and he sits in office.

His presidency is illegal on its face!

10 posted on 01/05/2012 8:15:09 PM PST by Stepan12
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To: unkus

I have said for months that there is not going to be an election. I have been mocked for that comment but this most recent act only validates my theory.


11 posted on 01/05/2012 8:15:25 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: mrsmith
That's not exactly correct. The House has a legal obligation to impeach since it's a Constitutional violation, not just contempt of congress.
12 posted on 01/05/2012 8:17:09 PM PST by tobyhill (Obama, The Biggest Thief In American History)
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To: Parley Baer

I know it was! LOL

You just don’t tend to expect this stuff to be printed in the WaPo


13 posted on 01/05/2012 8:19:21 PM PST by mylife (The Roar Of The Masses Could Be Farts)
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To: VikingMom

I have to believe you might be right. He’s pure evil and I put nothing past him. If he is defeated, look out for nasty things between Nov. 6 and Jan. 20.


14 posted on 01/05/2012 8:20:57 PM PST by unkus (Silence Is Consent)
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To: tobyhill

That’s not exactly correct. The House has a legal obligation to impeach since it’s a Constitutional violation, not just contempt of congress.

They will do nothing and Obama will keep doing what ever he wants ,maybe even stay in office as long as he wants ,if he’s not natural born and can’t be president ,then he has already taken power


15 posted on 01/05/2012 8:21:35 PM PST by molson209
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To: tobyhill

Nothing will happen. When the republicans have the house senate and presidency they pass nothing. When they don’t have all three they put up the bills and they never get passed. The republicans have no follow thru. We have seen it with social security reform, border control, fannie and fredy reform. And the list goes on and on. This is just more of what they say they are against but never do any thing about. They will stand by while our great country is flushed down the drain and say they did their best to stop it. I am so feed up with them.


16 posted on 01/05/2012 8:22:10 PM PST by jimpick
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To: tobyhill
We are at the brink of losing our country and FREEDOMS! This evil bastard is seriously harming our nation to the very core....WHERE have all the fighting men gone?! We can't afford to stay on the sidelines anymore. Either we sink or swim .. there is only one solution to this evil problem...and Egypt has the right solution how to handle evil dictators!!
17 posted on 01/05/2012 8:22:18 PM PST by RoseofTexas
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To: Bloody Sam Roberts

I can’t believe he is actually getting away with this.

Join a conservative group in your neighborhood and let them know how how angry you are.


18 posted on 01/05/2012 8:25:18 PM PST by Enough is ENOUGH (The PC name for 'trashing our Constitution' is fundamental transformation.)
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To: RoseofTexas

congress just gave the power to Obama to throw congress in Gitmo hotel ,so congress will do nothing


19 posted on 01/05/2012 8:26:45 PM PST by molson209
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To: tobyhill

I can’t believe the attention this latest power grab is getting, after all the many times before this Obama has gone around Congress and invalidated the will of the people.

I hope I don’t wake up and find out this was a dream.


20 posted on 01/05/2012 8:27:08 PM PST by firebrand
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To: tobyhill

The Senate is the judge of their rules- not the House.

If the Senate acquiesces to Obama’s definition of when they are in recess then it is not the House’s place to say otherwise.

Absent a resolution from the Senate that Obama has transgressed on their prerogative, the House must repect their abasement, leaving only the courts to act.


21 posted on 01/05/2012 8:30:20 PM PST by mrsmith (It's 2012 now. Have you found a Tea Party nominee for your House seat yet?)
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To: tobyhill

Shep was reporting that Bush admin workers were saying it was all ok. We are so screwed.


22 posted on 01/05/2012 8:36:34 PM PST by dandiegirl
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To: tobyhill

“these purported appointments”

Purported?? Has Obama backed out and is he trying to ‘walk it back’? Hmmmm


23 posted on 01/05/2012 8:38:31 PM PST by Gator113 (~Just livin' life, my way~..... GO NEWT GO.....!)
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To: Stepan12

‘bam shouldn’t even be in the equation at this point.

Throughout his term he and his Dem-minions have set the agenda (or vice-verse) and the Republicans have been reacting to it. He’s got us running in circles.

First thing is to bust up Holder’s justice department. Second, win the election.


24 posted on 01/05/2012 8:39:42 PM PST by tsomer
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To: dandiegirl
Of course the staff said it was ok but Bush was smart enough not to go down that road.

Obama can't win with this move he just did because he was one of the Senators involved in the Pro-Forma Sessions that blocked Bush's nominees while claiming it would be unconstitutional for Bush to do an end-round congress.

25 posted on 01/05/2012 8:42:20 PM PST by tobyhill (Obama, The Biggest Thief In American History)
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To: dandiegirl
Shep was reporting that Bush admin workers were saying it was all ok. We are so screwed.

Say what??? Great, another favor for Obie, from the Bushies.

26 posted on 01/05/2012 8:43:48 PM PST by Jane Long (Soli Deo Gloria!)
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To: tobyhill
I for one want to hear from each GOP Presidential Candidate this week if they personally feel this Presidential action rises to the level of an Impeachable Offense under the Constitution. Particuarly I want to hear what MITT ROMNEY has to say about this. (Gingrich, too).

27 posted on 01/05/2012 8:46:29 PM PST by AmericanInTokyo (If FR slowly morphs from anti-Romney, via rationalizing, into supporting him like McCain, FR is over)
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To: VikingMom

I do not mock you: all the pieces are in place. He has the motive and he has the means. And if there IS an election, it won’t be legit.


28 posted on 01/05/2012 8:48:43 PM PST by dagogo redux (A whiff of primitive spirits in the air, harbingers of an impending descent into the feral.)
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To: dagogo redux

I do not mock you: all the pieces are in place. He has the motive and he has the means. And if there IS an election, it won’t be legit.


Agreed.

I now believe that most people on our side and many democrats as well have been told not to cross the line. Their families have been threatened. Call me crazy but I firmly believe that.


29 posted on 01/05/2012 8:54:55 PM PST by unkus (Silence Is Consent)
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To: AmericanInTokyo

I agree! Of course, they’ve spent the last few months fighting amongst themselves over trivial matters but won’t bring up Fast & Furious so I don’t hold out hope they’re gonna jump onto this travesty either!


30 posted on 01/05/2012 9:00:53 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: mrsmith

And the steady sound of crickets continues to emanate from the GOP leadership.


31 posted on 01/05/2012 9:07:50 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: tsomer
If ‘bam wins the election, impeach him then

And if he does not win the election this still must be addressed even if it means he gets jailed as a civilian.

32 posted on 01/05/2012 9:21:53 PM PST by tsowellfan (http://www.cafenetamerica.com)
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To: tobyhill
This is just another of many many offenses by the fraud in the White House.

He never did prove his constitutional eligibility. He may be legal and eligible but that's not the point he's trying to make (IMHO). If he does not have to prove himself eligible then he's showing the world just how important the US Constitution is. Obama has set the precedence of "American citizen until proven otherwise".

many other offenses followed...

And now it's serious????

Amazing how so many accept the man's eligibility to be President but all else about him is a crime and a fraud. But he was honest becoming out President.

33 posted on 01/05/2012 9:27:45 PM PST by tsowellfan (http://www.cafenetamerica.com)
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To: VikingMom

Is it any wonder there is a record sales for guns this last December, all across the Land? People know something is “up”. Many may not be politically sophisticated, but they feel it in their left knees and they know Obama and his fascist thugs for what they are.


34 posted on 01/05/2012 9:58:28 PM PST by AmericanInTokyo (If FR slowly morphs from anti-Romney, via rationalizing, into supporting him like McCain, FR is over)
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To: AmericanInTokyo

I’ll take good old American common sense and intuition over all the “intellectuals” in the Beltway bubble who spent all their time at Ivy League Universities and wouldn’t know what to think without someone from the New York Times telling them what “matters”.......


35 posted on 01/05/2012 10:21:22 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: AmericanInTokyo
obama-tank1

Countdown until Zer0 leaves Office: 380 days as of January 6, 2012.

36 posted on 01/05/2012 11:42:45 PM PST by BobP (The piss-stream media - Never to be watched again in my house)
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To: tobyhill

This administration is more slimy than a tile floor at a netti-pot convention.


37 posted on 01/06/2012 12:05:30 AM PST by The Duke
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To: The Duke

“This evil man is going to become a real dictator if he is re-elcted.”.........”Going to become a dictator” my ass, He already IS a dictator.

It is time for him to be removed but then, who has the gonads to do such a thing? Nobody currently elected to represent “the people” (that would be us).


38 posted on 01/06/2012 5:05:46 AM PST by DaveA37
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To: tobyhill

As much as I respect Meese, I don’t think that he or any of the other talking heads have read the applicable provision of the Constitution.

Article II, §1 c. 3 reads, “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.”

This provision clearly and unequivically provides that the POTUS has the power to fill vacancies that occur when the Senate is in recess. In other words, the operative time frame is not when the POTUS fills the vacancy, but when the vacancy occurs. If the Senate was in session when the vacancy occurred, then O’Dumbo has no authority to unilaterally appoint a successor even if the Senate is in recess at the time of the appointment.


39 posted on 01/06/2012 5:26:06 AM PST by Labyrinthos
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To: Labyrinthos

The question was raised by several yesterday, why have the Republicans not sought an injunction?

Good thought......but, The Senate is the organization with grounds. The Senate is controlled by Harry Reid. Is he the only person with grounds and authority to bring suit?

What Republican has the ability and authority to act for the Senate?

While the Constitution may rule, the inability/unwillingness of the Senate to challenge makes the point moot

What will be really great is the judgement demanding refund of all salaries and expenses made during an illegal appointment


40 posted on 01/06/2012 5:31:35 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: bert
THe next time the NLRB rules against an employer, then that employer will have legal standing to challenge the ruling on the grounds that three members of the NLRB were illegally appointed and therefore, the NLRB's ruling is ultra vires.
41 posted on 01/06/2012 5:40:59 AM PST by Labyrinthos
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To: Labyrinthos

But can that non senate entity file for an injunction?

That is can a fiat accompli be countered immediately or must it be bogged down in court for a year or two? Time is of the essence


42 posted on 01/06/2012 5:44:41 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: bert
That is can a fiat accompli be countered immediately


43 posted on 01/06/2012 6:33:43 AM PST by Bloody Sam Roberts ("The price of freedom is willingness to do sudden battle anywhere, anytime..." - Robert A. Heinlein)
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To: Bloody Sam Roberts

The appointments are accomplished fact. The discussion was noting a call for injunction to stop any action resulting from the appointments, to put them on hold. . Another poster provided a legal means for businesses harmed by Labor Relations Board rulings to attack and overcome the appointments but it requires a law suit and much time, perhaps too much time.

So, what means is available for immediate action. The Democrat Senate will not act and will accept the slap by the President bent on dictatorship


44 posted on 01/06/2012 7:22:11 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: Bloody Sam Roberts

Fiat Accompli is the new Italian car.


45 posted on 01/06/2012 7:41:30 AM PST by SoothingDave
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To: SoothingDave
Fiat Accompli is the new Italian car.

I guess I just have not been keeping up.

46 posted on 01/06/2012 8:59:08 AM PST by Bloody Sam Roberts ("The price of freedom is willingness to do sudden battle anywhere, anytime..." - Robert A. Heinlein)
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