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Kagan in 2010: Pro-forma Senate sessions enough to block recess appointments
Hot Air ^ | 1/12/12 | Ed Morrissey

Posted on 01/12/2012 1:01:07 PM PST by Nachum

Republicans outraged over the recess appointments of Richard Cordray and three NLRB commissioners argue that the pro forma Senate sessions every three days means that the Senate has not recessed at all. The Congressional Research Service notes that no President in the 20 years prior to Barack Obama’s actions in the past two weeks has attempted a recess appointment unless Congress has been out of session more than nine days. Today, to no one’s great shock, Obama’s own Department of Justice says that these arguments aren’t good enough to stop the President from the exercise of his constitutional power:

President Barack Obama’s decision last week to snub Congress and make a series of recess appointments while the Senate claimed it was technically in session had the legal blessing of the Justice Department, according to a formal legal opinion released Thursday.

“We conclude that while Congress can prevent the president from making any recess appointments by remaining continuously in session and available to receive and act on nominations, it cannot do so by conducting pro forma sessions during a recess,” the head of Justice’s Office of Legal Counsel, Virginia Seitz, wrote in a 23-page opinion. …

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


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: bhofascism; congress; cordray; democrats; elections; kagan; liberalfascism; liberalhypocrisy; nobama2012; obama; proforma; senate; sessions

1 posted on 01/12/2012 1:01:11 PM PST by Nachum
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To: Nachum

The New, Simplified Constitution: Whatever democrats do is okay. Whatever republicans do is not okay.


2 posted on 01/12/2012 1:07:41 PM PST by TruthShallSetYouFree (Was Millard Fillmore's nickname Witt?)
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To: Nachum

Nowhere in the Constitution does it allow the Executive Branch to decide the proceedings of the Legislative Branch.

Raw, naked politics on display and utter disregard for our founding principles.

The absence of the patriotism in our current President will drive us over the cliff and destroy our nation’s precious establishment.

Where are the patriots in the Democratic Party? Scoopy Jackson, we need you.


3 posted on 01/12/2012 1:10:21 PM PST by bestintxas (Somewhere in Kenya, a Village is missing its Idiot.)
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To: Nachum

Nowhere in the Constitution does it allow the Executive Branch to decide the proceedings of the Legislative Branch.

Raw, naked politics on display and utter disregard for our founding principles.

The absence of the patriotism in our current President will drive us over the cliff and destroy our nation’s precious establishment.

Where are the patriots in the Democratic Party? Scoop Jackson, we need you.


4 posted on 01/12/2012 1:10:27 PM PST by bestintxas (Somewhere in Kenya, a Village is missing its Idiot.)
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To: Nachum

If Bush had pulled this trick the mainstream media would have gone nuts.

When Obama turns to the Mussolini model the Dems and the MSM see him as powerful and appropriately confrotational.

They would have tried to impeach Bush.


5 posted on 01/12/2012 1:15:25 PM PST by kjo
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To: Nachum
And the spineless GOP, led by Craybaby Himself, simply looks the other way.

I'm going to return EVERY single GOP/RNC request for donation letter with an abridged version of Nachum's List attached.

6 posted on 01/12/2012 1:16:13 PM PST by Jane Long (Soli Deo Gloria!)
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To: bestintxas
The absence of the patriotism in our current President will drive drove us over the cliff and destroy destroyed our nation’s precious establishment.

Fixed it for ya.

7 posted on 01/12/2012 1:17:32 PM PST by rarestia (It's time to water the Tree of Liberty.)
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To: Jane Long

I haven’t heard a peep about this anywhere in the news lately. Once again, the Republicans have let the dems roll over them and squish their jello spines.


8 posted on 01/12/2012 1:19:05 PM PST by dandiegirl
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To: Nachum

Three equal branches of government although some are more equal than others.


9 posted on 01/12/2012 1:31:38 PM PST by JPG (Matters at which the foolish laugh and at whose consequences the prudent weep.)
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To: kjo

I remember when Bush was trying to get an up/down vote on his Nominees and the media was going crazy because he may use the Nuclear Option(which the Dems did without too much fanfare). Of course our side wimped out as usual and RINO’s like McCain and Graham made a deal


10 posted on 01/12/2012 1:32:07 PM PST by jakerobins
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To: TruthShallSetYouFree

Lol, and true unfortunately.


11 posted on 01/12/2012 1:32:28 PM PST by 92nina
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To: kjo
If Bush had pulled this trick the mainstream media would have gone nuts. When Obama turns to the Mussolini model the Dems and the MSM see him as powerful and appropriately confrontational. They would have tried to impeach Bush.

We know this. We have known it for decades. So, what does the opposition do about it? Nothing. You see we are living in a Banana Republic. Get used to it & plan to get the heck out of here before it's too late.

12 posted on 01/12/2012 1:39:00 PM PST by Digger (If RINO is your selection then failure is your election)
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To: Nachum

“...if the Supreme Court takes this up, Kagan will have no choice but to recuse herself from the case.”

Along with another certain case she shouldn’t be hearing...


13 posted on 01/12/2012 1:40:17 PM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: bestintxas

I don’t think Zell Miller would be supportive of what Obama’s doing.


14 posted on 01/12/2012 1:41:47 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: kjo

Could the MSM be afraid of Obama or are they all a bunch of
fools?


15 posted on 01/12/2012 1:50:39 PM PST by FreedBird (p)
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To: bestintxas; Secret Agent Man

“Where are the patriots in the Democratic Party? Scoopy Jackson, we need you.”

Zell, yes. But also Robert Byrd.


16 posted on 01/12/2012 2:37:40 PM PST by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: TruthShallSetYouFree

Constitution...what Constitution? Isn’t that in some museum somewhere?


17 posted on 01/12/2012 2:49:09 PM PST by surfer (To err is human, to really foul things up takes a Democrat, don't expect the GOP to have the answer!)
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