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Were Obama’s Recess Appointments Constitutional?
OfficialWire ^ | 02/14/2012 | Staff

Posted on 02/14/2012 11:45:57 AM PST by american_steve

The 2012 election year has just begun, and already controversies have swirled around a number of President Obama’s actions. Constitutional issues are at the forefront as the president seeks to improve his chances of reelection by delivering on his promises. But is the president violating the Constitution as he tries to implement his program of transformation? Constitutional attorney David Rivkin believes he is. The American Enterprise Institute (AEI) in Washington D.C. will be facilitating a discussion on one of the recent controversies, President Obama’s “recess appointments.”

On January 4, 2012, President Obama made the following appointments: Richard Cordray as Director of the CFPB; and Richard Griffin, Jr., Sharon Block, and Terence F. Flynn as members of the NLRB. At the time of the appointments, the Senate was holding a series of "pro forma" sessions. The U.S. Department of Justice claims that the President has the authority to make these appointments, in essence, to decide based on his own analysis about when Congress is in session. David Rivkin and other constitutional law experts disagree.

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


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: aei; davidrivkin; obama; recessappointments
"he President is, in effect, claiming an open-ended authority to determine when the Senate is in recess, despite that body's own judgment and the factual realities. That is an astonishing and unprecedented usurpation. It is not up to the President to decide whether the Senate is organized properly or working hard enough. " - David Rivkin
1 posted on 02/14/2012 11:46:06 AM PST by american_steve
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To: american_steve

No, the appointments are illegal and should be treated as such.


2 posted on 02/14/2012 11:51:46 AM PST by Shadow44
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To: american_steve
Were Obama’s Recess Appointments Constitutional?

Had a Republican President done exactly the same thing under the same circumstances, would it have been constitutional? There's your answer.

3 posted on 02/14/2012 11:55:22 AM PST by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: Shadow44

Just another part of the Constitution President Chavez, I mean Obama, has trashed.


4 posted on 02/14/2012 11:55:39 AM PST by colorado tanker
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To: american_steve

The Constitution says whatever 5 out of 9 Supreme Court Justices say it says.

Supreme Court Justices generally stay on the bench for 30 years or more. The next president will get to replace at least 2 or 3 them.

Be afraid. Be very afraid.


5 posted on 02/14/2012 11:56:46 AM PST by Bubba_Leroy (The Obamanation Continues)
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To: american_steve
Obama is not Constitutional
6 posted on 02/14/2012 11:56:55 AM PST by Gaffer
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To: Shadow44
No, the appointments are illegal and should be treated as such.

I agree. So don't pay them. Who authorizes the pay checks?

7 posted on 02/14/2012 12:03:15 PM PST by mc5cents
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To: american_steve
Were Obama’s Recess Appointments Constitutional?

No, an unconstitutional president can't make constitutional appointments!

8 posted on 02/14/2012 12:04:44 PM PST by varon (Allegiance to the Constitution, always. Allegiance to a party, never!)
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To: american_steve
What difference does it make?
Nobody will do anything about it.
ZERO himself is unconstitutional.
Yes, I am a Birther.
9 posted on 02/14/2012 12:08:21 PM PST by DeaconRed (What is worse? Bad men doing bad things or good men doing nothing.)
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To: mc5cents

“Who authorizes the pay checks?”

That would be the spineless House led by John “boohoo” Boehner....who has yet to stand up to the Boy King.

So the answer to the original question of whether the appointments were Constitutional is NO. Sadly, the answer to the question of whether the Republicans will do anything about it is also NO!


10 posted on 02/14/2012 12:12:26 PM PST by VikingMom (I may not know what the future holds but I know who holds the future!)
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To: american_steve
OBAMAIWON
11 posted on 02/14/2012 12:15:44 PM PST by FrankR (You are only enslaved to the extent of the entitlements you receive.)
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To: american_steve

So long as Congress will not challenge and exert their powers then yes.


12 posted on 02/14/2012 12:19:19 PM PST by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: colorado tanker
Just another part of the Constitution President Chavez, I mean Obama, has trashed.


13 posted on 02/14/2012 12:19:45 PM PST by re_nortex (DP...that's what I like about Texas.)
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To: american_steve

Political theater. It seems most of our ‘representatives’ are interested only in scoring points for the next election cycle.

1) Paul Ryan/John Boehner and the debt limit deal which cut virtually no spending.

2) Investigations of Eric holder and the DOJ (Holder should have been impeached already:
- Fast and Furious
- The voter intimidation in Philadelphia
- The illegal firing of a US attorney in California (can’t rember the specifics) because he was investigating Obama’s political appointees and donors.
- lawsuits against any states that enforce their own illegal immigration laws
- others?
Issa has enough for indictments on multiple counts for Fast and Furious. But Issa is only using this to bolster his image in the news ...

3) Obama’s eligibility.

4) Obama’s giving GM to unions, shafting creditors and shareholders, and closing of dealerships based on politics

... and many more


14 posted on 02/14/2012 12:25:56 PM PST by ChiefJayStrongbow
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To: american_steve

Does it matter anymore? Doesn’t seem to.


15 posted on 02/14/2012 12:54:32 PM PST by ThePatriotsFlag (Still a contributing Republican? Why?)
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To: american_steve

The question is moot.

They are there, no one will remove them, no one will punish them or the person who installed them.

There is no constitution.


16 posted on 02/14/2012 1:00:34 PM PST by chris37 (Heartless.)
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To: american_steve

I wonder in grief why no one has addressed these issues to “preserve and protect” our Constitution. Sure looks like SCOTUS will ride the bench to the bottom.


17 posted on 02/14/2012 1:55:01 PM PST by mcshot (CHECKS AND BALANCES WHERE ART THOU? LORD HEAR OUR PRAYERS.)
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To: american_steve

This is not important. What is important is that Freepers get on FR and declare their intention not to vote for a particular Republican if he is the candidate, because it really doesn’t matter to them which party wins the Presidency if they can’t have their way.


18 posted on 02/14/2012 2:08:50 PM PST by LZ_Bayonet ( I AM THE TEA PARTY LEADER !)
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