Countdown until Zer0 leaves Office: 380 days as of January 6, 2012.
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 ...
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.
Shep was reporting that Bush admin workers were saying it was all ok. We are so screwed.
“these purported appointments”
Purported?? Has Obama backed out and is he trying to ‘walk it back’? Hmmmm
‘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.
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.
Say what??? Great, another favor for Obie, from the Bushies.
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.
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.
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!
And the steady sound of crickets continues to emanate from the GOP leadership.
And if he does not win the election this still must be addressed even if it means he gets jailed as a civilian.
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.
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.
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”.......
Countdown until Zer0 leaves Office: 380 days as of January 6, 2012.
This administration is more slimy than a tile floor at a netti-pot convention.
“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).
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.
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
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