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Obama's recess appointment challenge
Los Angeles Times ^ | January 6, 2012 | Editorial

Posted on 01/07/2012 7:52:32 AM PST by Oldeconomybuyer

The appointment of former Ohio Atty. Gen. Richard Cordray did, in fact, push the edge of the constitutional envelope. But it was a rational response to an increasingly gridlocked Congress and a growing willingness among lawmakers to employ procedural tools to stop the executive branch from functioning.

The legal questions raised by Cordray's appointment could ultimately upend any rules the new bureau may adopt for payday lenders and others outside the banking system. So while Obama's tactic plays well with Democrats, it may not help the people the bureau was designed to protect. Nevertheless, Republicans can't complain about Obama resorting to extremes when the Senate so dramatically contorts the notion of "advice and consent."

Senate Republicans have said they don't object to Cordray leading the new bureau. Instead, they want to force the White House to agree to subject the bureau to congressional budgeting and greater oversight by other banking regulators. Those are legislative disputes, not personnel matters.

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: constitution; cordray; election2012; failure; recessappointment; socialism
We are officially a banana republic.
1 posted on 01/07/2012 7:52:37 AM PST by Oldeconomybuyer
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To: Oldeconomybuyer

We sure are


2 posted on 01/07/2012 7:55:42 AM PST by GoCards (I am a Hobbit)
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To: Oldeconomybuyer

IMHO, the senate should file suit Monday, but not make a political show out of it. They will lose the PR war to these clowns, but they will win the legal fight.


3 posted on 01/07/2012 7:56:29 AM PST by Thebaddog (Remember, Obama said he's only 60% done with his agenda.)
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To: Oldeconomybuyer
The LA Slimes, like most of official LLT Land (Liberal-Left-Tard) have chosen expediency over legality, however if such appointments had been made in defiance of the Congress by a Republican president, this very same LA fish wrap and their left-wing ideological brethren would be decrying the 'illegality', the 'unConstitutional' actions of a Chief Executive 'gone power mad' and would be screaming for impeachment. But the LA Slimes like 99 percent of the major lamestream media have been coopted into the OMOI*, and they print mostly what they're told to print based on 'Rat talking points and ask no questions of their masters.

*(0bama Ministry of Information)
4 posted on 01/07/2012 7:58:48 AM 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: Oldeconomybuyer

If I have the LAT reasoning correctly, Bush should have just gone ahead and put his judicial nominees on the court because we can’t let the courts’ calendars get backed up, and the Dem controlled Senate by holding up Bush’s appointments, was creating the backlog? Is that about it?


5 posted on 01/07/2012 8:03:49 AM PST by EDINVA
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6 posted on 01/07/2012 8:05:52 AM PST by deoetdoctrinae (Gun-Free zones are playgrounds for felons)
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To: Oldeconomybuyer

FU la slimes!

LLS


7 posted on 01/07/2012 8:10:34 AM PST by LibLieSlayer (ONWARD CHRISTIAN SOLDIERS!)
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To: Oldeconomybuyer

“When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated.” — Thomas Jefferson, Letter to Charles Hammond [1821]


8 posted on 01/07/2012 8:16:22 AM PST by paratrooper82 (We are kicking Ass in Afghanistan, soon we will be home to kick some more Asses in Congress!)
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To: Oldeconomybuyer

Once again, it’s all the Republican’s fault, and The One can do no wrong. His trashing of our Constitution is only because he was forced into it.

Can you imagine how screwed we would all be if we had to depend on the mass media for ALL of our information?


9 posted on 01/07/2012 8:20:40 AM PST by Tigerized (Occupy Wall Street? Go find the real culprits in the Capitol Building...)
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To: Oldeconomybuyer

Where’s the barf alert on this?


10 posted on 01/07/2012 8:27:08 AM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: Oldeconomybuyer

“Nevertheless, Republicans can’t complain about Obama resorting to extremes when the Senate so dramatically contorts the notion of “advice and consent.””

What is it about the PROTECTION from TYRANNY (via separation of powers) that his writer doesn’t GET?????


11 posted on 01/07/2012 8:31:49 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: SumProVita
Sen. Harry Reid (2005): “I will keep the Senate in pro forma session to block (President Bush) from doing an end run around the Senate and Constitution with his controversial nominations.” The Democrat leadership declared that Bush’s recess appointments were “an abuse of presidential power” that “ignored the will of the Senate.”
12 posted on 01/07/2012 8:35:57 AM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

Yes, I remember this. Their hypocrisy is astounding.


13 posted on 01/07/2012 8:38:09 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: Oldeconomybuyer
Rat leaders, Reid and Pelosi at the top of the list, have no sense of shame. Their blatant hypocrisy is a sight to behold and enough to make any sane person shake their head in disbelief.
14 posted on 01/07/2012 8:47:15 AM PST by JPG (Matters at which the foolish laugh and at whose consequences the prudent weep.)
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To: Oldeconomybuyer

So - basically - the laws only apply to Republicans.

What a joke.

Not a threat - but someone should just take this author’s car. These people are shameless.


15 posted on 01/07/2012 9:12:51 AM PST by Eldon Tyrell (question,.)
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To: Thebaddog; Oldeconomybuyer
This, as we all know, is how the left works, chipping away at the grey areas and the weak spots in the fabric of our national being.

Although the Constitution doesn't define what a "recess" is… there has been a 90 year precedence (per Fox) of presidents not invoking their power to make recess appointments unless Congress was on at least a 10-day break.

The Repubs very recently denied a House Democrat the floor stating in essence, “we do not do business during the pro forma session. Some would argue that "no business" and forbidding the opposition to take the floor sounds pretty much like a recess.

I do not know how long the House has been in pro forma session but it appears O, a Marxist who promised to remake America (not rebuild), has concluded the House had been effectively in recess for 10 plus days and is ready to challenge the notion that a pro forma session prevents his appointment. What else should we have expected?

What do you suppose is the legal point that will serve as the basis for a Senate lawsuit?

16 posted on 01/07/2012 9:28:06 AM PST by frog in a pot
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To: Oldeconomybuyer

Liberalism/progressivism is a disease deserving radical treatment. When two adversaries play by different rules, the one with the desire to win by whatever means - wins. Time for the conservatives to change their mindset.


17 posted on 01/07/2012 9:35:16 AM PST by pacpam (action=consequence and applies in all cases - friend of victory)
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To: Oldeconomybuyer
Nevertheless, Republicans can't complain about Obama resorting to extremes when the Senate so dramatically contorts the notion of "advice and consent."

In a word, bullshit. The pubbie candidates - all of them - need to hammer "this increasingly lawless presidency"

18 posted on 01/07/2012 9:45:46 AM PST by rockrr (Everything is different now...)
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To: pacpam

That is the bottom line. I usually smirk when I hear the old saw, “If we do that, then we become just like them.”

The Repubs and the Dems are in a knife fight for control of our nation, but only the Dems realize that.


19 posted on 01/07/2012 9:45:46 AM PST by frog in a pot
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To: SumProVita; Oldeconomybuyer
Their hypocrisy is astounding.

In their minds they are merely being pragmatic, not hypocritical. They believe fervently in their Marxist motto: By any means necessary.

Sometimes I think our side fails to comprehend the profound evil implicit in that. The Left doesn't feel bound by any laws, rules or ethical system. Their only focus is winning.

20 posted on 01/07/2012 9:47:50 AM PST by Bernard Marx
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To: Oldeconomybuyer

Rome v2.0


21 posted on 01/07/2012 9:48:31 AM PST by Reagan Disciple (Peace through Strength)
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To: EDINVA
This looks like a set up and precedent to ignoring the debt ceiling law. Mr. Obama, by the silent consent of the Congress, can simply, by Executive Order, spend as much as he dammed well pleases.
Mr. Obama, with the collusion of Congressional Democrats, has overthrown the American Government, at this point. He may lose in Court.
The Congressional Republicans and the Republican Party as a whole, by their silence or weak sniveling, shown themselves to be unfit to continue as a major political party.
TWB
22 posted on 01/07/2012 10:17:45 AM PST by TWhiteBear (Jobs, Peace, Food, Security .... Down with Obama(Peacefully))
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To: Bernard Marx

“Sometimes I think our side fails to comprehend the profound evil implicit in that.”

How right you are! I can’t tell you how many times in the last few years that I’ve wanted to respond ( to any number of individuals): “But, if you follow that thinking to its logical conclusion....”

_________________________________________________________

“The Left doesn’t feel bound by any laws, rules or ethical system.”

BUT, they often USE such laws, rules, ethics against anyone who opposes them.

Overall, they can’t see where they are ultimately heading because they have lost their common sense.

“The first effect of not believing in God, is that you lose your common sense.” ...GK Chesterton


23 posted on 01/07/2012 12:12:16 PM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: Oldeconomybuyer
There's a whole lot of deemin' goin' on out there!

SanFranNan DEEMED that the health care insurance bill was a done deal.
Now Mr. Soetoro DEEMED that the Senate was in recess.

If the House is the hot coffee cup, and the Senate is the cooling saucer, then Mr. Soetoro's Presidency is an out of control ballistic missile.

Simple question: When did the White Crib "deem" that the Senate was in recess - what date and time is the White Crib using for determining WHEN the Senate was gaveled to recess?

24 posted on 01/07/2012 2:04:59 PM PST by SERKIT ("Blazing Saddles" explains it all......)
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