Posted on 04/17/2012 7:53:38 PM PDT by Semper911
In a double-barrelled blast at President Obama, Senate Republicans today moved to join a lawsuit challenging the White House’s Christmas “recess appointment” of National Labor Relations Board members even though the Senate was technically in session. To handle their case, they hired Miguel Estrada, who in 2002 became the first-ever judicial nominee to be torpedoed by a Democratic filibuster.
“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab,” McConnell said. “We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”
The fight is over a simple issue: When is the Senate technically in session. The GOP argues that there was enough action over the holidays to determine that the chamber was in session, but the president disagreed and went ahead with the appointments.
(Excerpt) Read more at washingtonexaminer.com ...
“The Senate should decide when the Senate is in session,” said Sen. Roy Blunt, R-Mo., who joked that Obama might try to make “recess appointments” when the chamber is in lunch recess.
Sue? That’s for liberals. why not hold impeachment hearings?
Which court? Straight to the top?
I am happy with it at least being in the courts and in the news. And it will piss off Obama, so there’s that.
All I know is what is in the article. There is a piece about it on Breitbart too, but neither article gets specific about the court proceeding.
But I think this is huge.
This “should be” a very simple case, ruled in the favor of the Senators! The Constitution has left it pretty clear that Congress has the power to determine it’s own rules and such, so if Congress had not declared a “recess” then Obama is simply WRONG and does NOT have the authority to determine when Congress is in “recess!” PERIOD, END OF STORY!
“Senate Minority Leader Mitch McConnell said that his side would join a suit brought by Noel Canning, a family-owned business in Washington State that bottles and distributes soft drinks. The company is challenging the NLRB’s determination that it must enter into a collective bargaining agreement with a labor union.”
WHY did the republicans not file a suit instead of waiting for a private company to do the heavy lifting?
Really, forget filing a lawsuit, impeach him and sue him later. Let’s see who’s going to be for or against impeachment before the coming elections.
Of course, that would be asking Congress to do their intended job. Gonna need a recess to think about the definition of ‘recess’.
It was posted earlier today, different source and title...
Miguel Estrada, victim of Democrat filibuster, to fight Obama appointments
As I said on the earlier thread, good move by the Republicans, it proves they occasionally have a pulse.
It also should have been acted on the minute it happened. But instead, we got **crickets** from the Senate.
Well said! Thanks for this thread.
IMHO, Obama is a Dictator because our RINO Congress won’t shout him down.
Perhaps Boehner and McConnell will have the backbone to not cave-in to Obama on this issue.
A dictator, such as Obama, only has the power that the people give him.
Currently, at least 40 % of American voters are gladly willing to give Obama the necessary power to continue his dictatorship.
Dictator Obama has designed Obama”care” to become active only AFTER he is re-elected, thus enabling THE NINE SUPREMES to delay ruling on the Constitutionality of the dictate of the individual mandate until Obama is once again the Illegal Foreign White House Occupier, (IFWHO).
The purpose of Dictator Baby-Doc Barack is simple: 1.) Regulate; 2.) Control; and 3.) Destroy. By his own count he as achieved 60 % of his goals, according to the note he says he carries in his pocket.
Obama’s obvious deep hatred of America could have only come from his childhood.
Since there are no known networks of childhood friends from Obama’s past, Obama was probably a member of a Marxist sleeper cell funded by wealthy men with a Marxist view of the World.
The lack of credible evidence that has NOT been forged requires a long-term, highly skilled and well-funded support group.
Who the key members of Obama’s probable support group and probable sleeper cell were and are is well known to the CIA and the FBI.
Will the “Citizen Journalists” such as Breitbart Editor Joel Pollack be able to out-spy these two tax-funded spy entities?
BTW, forget about the LAM, (Liberal Agenda Media), as they are saving their notes to write their tell-all Obama books after Obama has SAFELY retired back home in Kenya.
BTW, BTW, to all the doubters of the above speculation: what does your gut tell you?
Thank you. I was starting to think FR was dying.
That pic! Ewww!
LOL.... Seriously? The self described foreign law professor barack hussein obomba doesn’t care what the law or law enforcement thinks. I can still see him chiding the Supreme Court of the United States during one of his State of the Union addresses and listening to him instruct the Supreme Court on how they should rule on his obombacare monstrosity. Doe anyone really think he gives a rat’s rear about a few Senators filing suit against him for a few questionable ‘recess’ appointments? When these same Senators do something about impeaching this illegal alien for illegally occupying the White House let me know.
LOL.... Seriously? The self described foreign law professor barack hussein obomba doesn’t care what the law or law enforcement thinks. I can still see him chiding the Supreme Court of the United States during one of his State of the Union addresses and listening to him instruct the Supreme Court on how they should rule on his obombacare monstrosity. Does anyone really think he gives a rat’s rear about a few Senators filing suit against him for a few questionable ‘recess’ appointments? When these same Senators do something about impeaching this illegal alien for illegally occupying the White House let me know.
No, we're definitely not dying. :-)
Glad you posted this, it needs all the exposure it can get!
Thanks for the ping, smooth.
Federal Court in N.Y. Won't Rule on Obama Recess Appointments - WSJ.com)
March 28, 2012A federal judge in New York declined to rule on whether President Barack Obama's recess appointments to the National Labor Relations Board violate the U.S. Constitution, leaving the widely debated question unresolved for now. The decision marked the second time a court has declined to rule on the matter.
The first legal challenge to the appointments was made in January. The judge overseeing that case, which challenged an NLRB regulation that was approved last year before the recess appointments, also declined to rule on the constitutionality question. That judge said the regulation was created by a quorum of "undisputedly" authorized board members well before the recess appointments were announced. Several other cases are pending that challenge the recess appointments, though it's unclear when and if those will be decided.
“Recess” has as many letters as less letters than “shall not”, and they still haven’t figured that one out!
My question: by what authority did the judge “decline” to rule? Is that like nobama deciding to not support DOMA?
Damn. McConnell is showing faint signs of testicles. I am impressed.
Start somewhere.
Congress begging the Judicial Branch to intervene...when Congress has the power to remove a POTUS and the judicial branch does not.
Silly pussies. Disgusting excuses for citizens if you ask me.
Putting his buddies on the NLRB is not too different from when FDR sought to pack the Supreme Court by expanding it from 9 to 15 with the additional 6 being his hand-picked far left pals. This should be shot down though The One might withdraw these appointments before push comes to shove; after all, he IS a chicken.
I like your idea about impeachment - that is what needs to happen but not til after the elections when we own both the House and Senate. As it stands now, Reid would never bring the bill up for a vote.
Putting his buddies on the NLRB is not too different from when FDR sought to pack the Supreme Court by expanding it from 9 to 15 with the additional 6 being his hand-picked far left pals. This should be shot down though The One might withdraw these appointments before push comes to shove; after all, he IS a chicken.
I like your idea about impeachment - that is what needs to happen but not til after the elections when we own both the House and Senate. As it stands now, Reid would never bring the bill up for a vote.
From the article I linked:
In his decision issued Tuesday, District Judge Brian Cogan said the constitutional question has no bearing on his opinion about the injunction. "In the interest of judicial restraint, the Supreme Court has counseled that a court should not decide a constitutional question unless the question is absolutely necessary to the court's decision," he said.
P.S. I first found the referenced article through a google search and just noticed that when you follow a direct link it only shows a preview. A trick to get around this and see the complete article is to search for the title in google then click the link in google and you should see the complete article...
Ping for tomorrow.
Sue him? The Republican led House should impeach the treasonous usurper!!
Payback’s a bitch, eh Miguel?
Revenge is sweet.
Time to take the bastards down!
I agree. How about starting with enforcing the laws he's already broken, having him arrested and tried for treason?
Nahhhh We don't have anyone in washington with the eggs to honor the oath they took to protect and defend the Constitution of the United States from all enemies both foreign and domestic. Obomba is a foreign citizen of two countries and has yet to prove he is even a citizen of the United States and NO ONE in authority is arresting him. He is the most corrupt world leader that has ever lived and nobody is doing anything to stop him. Like Rush replies when asked, why does obomba do the things he does? Rush, "Because he knows nobody is going to stop him."
If romney wins the Republican nomination we can seriously kiss our country goodbye.
I guess my point is... If we're going to "start somewhere" start with enforcing the Constitution and immediately. Where are the Joint Chiefs?
Aaaaahhhhh.... Now I'm ranting. Rome's burning and the inmates are too stupid to put out the flames.
Perhaps we’re all still in shock that a few near-worthless Senate RINOs might have finally started trying to grow a pair...?
That or we all figure the good Senator Mitch “Reach Around” McConnell will eventually torpedo this before it gets started.
I recall reading an article around the time of the "appointments", ie within one or two news cycles, that the nature of the transgression required the injured party to bring suit. The injured party, though, not being the Senate but rather any subsequent NLRB action and it's directly affected parties.
The Pubs may have waited so the courts didn’t refuse to hear their case under the political question doctrine. IANAL but that’d be my first guess.
The Pubs control only the House. So they can bring impeachment charges, but what would that accomplish? The Dems control the Senate where the impeachment must be tried.
If I had to guess, I’d say he declined under the political question doctrine. ICBW.
“So they can bring impeachment charges, but what would that accomplish? The Dems control the Senate where the impeachment must be tried.”
Yes - and that’s exactly what the problem was with impeaching Slick Willie. The House “impeached” him, but the Senate didn’t seal the deal.
WHY did the republicans not file a suit instead of waiting for a private company to do the heavy lifting?...The court would have decided the Republicans had no standing (crassly put, they had no skin in the game) to bring this lawsuit up.
That was rhetorical, right? The eGOP barely cares more about the Constitution than obastard...
Should???? Maybe he should read the Constitution:
Each House may determine the Rules of its Proceedings
Should???? Maybe he should read the Constitution:
Each House may determine the Rules of its Proceedings
And why hasn’t Boehner cut the funding? Tell the appointees to go home there is no job.
"It has been wittily observed that the Constitution has married the President and Senate — has made them man and wife. I believe the consequence that generally results from marriage will happen here. They will be continually supporting and aiding each other: they will always consider their interest as united. They can with facility act in concert, and on a uniform system: they may join, scheme, and plot, against the people without any chance of detection. The Senate and President will form a combination that cannot be prevented by the representatives. The executive and legislative powers, thus connected, will destroy all balances: this would have been prevented by a constitutional council, to aid the President in the discharge of his office, vesting the Senate, at the same time, with the power of impeaching them. Then we should have real responsibility. In its present form, the guilty try themselves. The President is tried by his counsellors."
George Mason, Virginia Ratification Convention, 1788.
Excellent post and very informative.
Right now, we have that bagman and shill Reid being used as a blocker for His Excellency’s running game.
Yesterday was the vote on the “buffet rule”. Since that had to do with Taxes, how did this begin its life in the Senate...I thought all tax legislation must begin in the house? However, in this upside down world of obamaland politics, whatever he wants, he gets out of Reid and those pussheads in the senate, the dems, whom I believe are akin to hemmoroids on the republic including that RINO from Maine who voted with them.
Catch 22. The House can deny funding, but when appropriations bills aren’t earmarked for specific spending, the decision on spending becomes discretionary. That pretty much allows Obama to spend appropriated funds where he wants. Thus his ability to pay his czars. Boehner would have to attach an amendment to an appropriations bill specifically preventing Obama from spending money to fill those positions and Reid’s Senate would never pass it.
That was prescient!
Bam’s Blocker. Perfect.
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