Skip to comments.Obama's recess appointment challenge
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 ...
We sure are
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.
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?
FU la slimes!
“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 
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?
Where’s the barf alert on this?
“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?????
Yes, I remember this. Their hypocrisy is astounding.
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.
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?
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.
In a word, bullshit. The pubbie candidates - all of them - need to hammer "this increasingly lawless presidency"
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.
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.
“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
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?