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Senate Republicans to challenge recess appointments in court
The Hill ^ | February 3, 2012 | Kevin Bogardus

Posted on 02/03/2012 10:50:14 AM PST by jazusamo

Republican senators announced Friday that they plan to challenge President Obama's recent controversial appointments in court.

Thirty-nine GOP senators have signed onto a letter announcing their intention to file a joint amicus brief in a court challenge against Obama's recess appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board last month.

"We refuse to stand by as this President arrogantly casts aside our Constitution and defies the will of the American people under the election-year guise of defending them," Sen. John Cornyn (R-Texas) said in a statement.

The White House has argued that the recess appointments were legal because the Senate's pro forma sessions, in which a lone senator typically bangs the gavel once every three days, count as the chamber being in recess. Republican lawmakers disagree and say that the pro forma sessions do mean the Senate is in session and so no appointments could be made.

The court challenge with which the senators plan to file the brief has not been chosen yet.


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: cfpb; nlrb; obama; recessappointments

1 posted on 02/03/2012 10:50:17 AM PST by jazusamo
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To: jazusamo
Token resistance on the part of the Congress, IMO.
Yet the Democrats can't claim they're "doing something" about it as they're doing nothing.
2 posted on 02/03/2012 10:55:32 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: jazusamo

Every senator should be challenging this, since it is an encroachment on senate power.


3 posted on 02/03/2012 10:56:11 AM PST by cotton1706
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To: jazusamo
So, 39 GOP Senators endorse the cheesy fiction started by their rival, Senator Reid. Pretending to be in session, and lacking a quorum, is the same as being in session.

Next thing you know, they'll be claiming debt is the same as prosperity.

After the caucuses here, I'm dropping my Republican affiliation. These clowns are an embarrassment.

4 posted on 02/03/2012 10:59:10 AM PST by Cboldt
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To: philman_36; cotton1706

Yes, every Senator should be fighting this usurping of Senate power by the arrogant Marxist in the WH.


5 posted on 02/03/2012 11:02:01 AM PST by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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Please bump the Freepathon or click above and donate or become a monthly donor!

6 posted on 02/03/2012 11:03:43 AM PST by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: Cboldt

Maybe 1 day in the future we will finally get some conservatives in the Senate. Maybe Col Allan West can be convinced to run for congress instead of the RINO Connie Mack. He Mc Lost and Graham are even slightly conservative.

Florida please do not vote for Mack he does not even live in Florida him and his wife live in DC full time or is it California???????
Wasnt Charlie Crist and Le Meuix bad enough for you?


7 posted on 02/03/2012 11:05:31 AM PST by straps (Electric Jack)
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To: jazusamo
>>The court challenge with which the senators plan to file the brief has not been chosen yet.

"Yeah! We're sorta kinda maybe perhaps file an appeal in some case we haven't yet decided to pursue." A true Profile in Courage!

8 posted on 02/03/2012 11:09:18 AM PST by pabianice (")
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To: jazusamo

I’ll believe it when I see it. Most are too afraid to be called “racists” for challenging the poser in chief.


9 posted on 02/03/2012 11:24:58 AM PST by freeangel ( (free speech is only good until someone else doesn't like it)
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To: jazusamo

That’s nice if you like symbolism, but they should play hardball. Congress should immediately cut all funding to the Consumer Financial Protection Bureau and the National Labor Relations Board. They should keep the funding at zero until the unconstitutional appointments are canceled. Why is that hard for politicians?


10 posted on 02/03/2012 11:59:16 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Cboldt

Actually they should not even have to do the three day thing. The House and Senate are the only ones who can say if they are or are not in session or in recess. They get to set their own rules. What O did is unconstitutional, period.


11 posted on 02/03/2012 12:08:41 PM PST by Ratman83
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To: jazusamo

so when this finally winds its way through all of the appeals five years from now they can wag their finger at Obama and tell him “you were a bad, bad boy”.


12 posted on 02/03/2012 12:18:43 PM PST by Buckeye McFrog
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To: Ratman83
-- They get to set their own rules. --

Including things such as a 20% vote is a majority, and a 1% presence is a quorum? I mean, I know they SAY they are in session (which implies a quorum is present), but are they really in session?

Reid was wrong when he did it (ran fake sessions, by calling a nearly empty chamber a session), and now the Republicans are saying it was okay. Nonsense on stilts. Oh well, it's one place where the Republicans and Democrats are in complete agreement - non-sessions are sessions.

13 posted on 02/03/2012 12:19:12 PM PST by Cboldt
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To: Cboldt

Anyoine have a list of the senators who signed ?


14 posted on 02/03/2012 12:20:34 PM PST by Eric in the Ozarks (Eh ?)
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To: Eric in the Ozarks; All

Haven’t found a list yet but here’s a pdf link to letter with the signatures.

http://images.politico.com/global/2012/02/senate_gop_amicus_intent_letter_3_feb_12.pdf


15 posted on 02/03/2012 12:34:17 PM PST by jazusamo (Character assassination is just another form of voter fraud: Thomas Sowell)
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To: Cboldt
Article 1 Section 5 Clause 2: Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

The Constitution is the Constitution, they get to set the rules of thier chamber.

Additionally an adjorunment is not a recess

16 posted on 02/03/2012 12:47:04 PM PST by Ratman83
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To: jazusamo

There are 100 Senators in Congress and every last one of them should be signed on to this usurpation of power.

This should be bi-partisan.


17 posted on 02/03/2012 1:16:00 PM PST by Venturer
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To: Ratman83
-- . . . they get to set the rules of thier chamber. --

My question was whether or not that power admits them to say an absence of quorum is the same as a presence of quorum.

I thought Reid was making nonsense with this practice while Bush was president, and it (claiming absence of quorum amounts to being in session) is nonsense when the Republicans claim it, too.

A legislative body has certain organic properties. One of them is that a number of them less than a quorum is unable to conduct business. In this case, the body is not even trying to make a quorum - it is, instead, expressly avoiding one.

I have an issue with the president exercising the recess appointment power for vacancies that did not occur during the recess; but that practice is long-standing, in part due to the dysfunction of the Senate in timely acting on nominees.

18 posted on 02/03/2012 1:41:20 PM PST by Cboldt
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To: cotton1706

The House should be defunding these positions. Let them work for free. That will last about 15 minutes.


19 posted on 02/03/2012 2:09:02 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: Cboldt

Pro-forma sessions are as old as the Republic itself. One chamber can’t adjourn for more than three days without consent of the other chamber. It’s a constitutional requirement.


20 posted on 02/03/2012 8:05:43 PM PST by newzjunkey
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To: newzjunkey
-- Pro-forma sessions are as old as the Republic itself. --

But not for the purpose of thwarting recess appointments. That's a new gig. Typical uses were the day before or after a recess, so members could bail out, yet the chamber was open to accept bills, amendments, and other communications, like from the president.

I understand that the general sentiment at FR is that Reid started a "good" thing. I have the opposite point of view, seeing the pro-forma sessions with the chamber otherwise closed as sophistry akin to calling a tail a leg, then saying the dog has five legs.

21 posted on 02/03/2012 9:13:13 PM PST by Cboldt
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