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Unconstitutional Recess Appointments
Townhall.com ^ | January 24, 2012 | Phyllis Schlafly

Posted on 01/24/2012 5:47:59 AM PST by Kaslin

Barack Obama's latest unconstitutional action is his attempt to make four so-called recess appointments to high-level, well-paying jobs in the federal bureaucracy when the Senate was not in recess. He appointed three people to the National Labor Relations Board, plus Richard Cordray to head the newly created Consumer Financial Protection Bureau, even though the Senate had declined to confirm his nomination.

Article II gives the president power "by and with the advice and consent of the Senate" to appoint public officials and judges, and also "to fill up all vacancies that may happen during the recess of the Senate." That provision was written to cover the long recesses that were common during the horse-and-buggy days and was certainly not written to enable the president to defy the Senate and appoint persons who the Senate would not confirm.

Obama's action is clearly an attempt to circumvent the U.S. Constitution because the Senate was not in recess when he made these appointments. According to the Constitution, the Senate could not have been in recess when the appointments were made because Article I of the Constitution states that neither House can "adjourn for more than three days without the consent" of the other House, and the House did not consent to a Senate recess.

It seems reasonable that the Senate should have the authority to say whether or not it is in recess. Apparently, President Obama wants to make that a presidential decision.

Obama claims he can call it a recess because the Senate is merely conducting pro forma sessions (i.e., having brief meetings and not doing anything important). In fact, the Senate did pass a bill on Dec. 23 during one of those brief sessions, and the President signed it into law, so it must have been important business.

Even if someone accepts Obama's farfetched argument, that doesn't put him in compliance with the constitutional requirement that the Senate cannot be in recess unless the House has agreed. And the House absolutely did not agree to a recess.

We have a law on the books that requires the attorney general to give the president legal advice on request. Funny thing, Obama won't say whether or not he asked the Justice Department for advice about the constitutional issue before making controversial recess appointments.

The head of the Justice Department's Office of Legal Counsel, Virginia Seitz, issued a statement, dated two days after the appointments were made, that presumes to OK the recess appointments. However, it did not refute the case against the legality of the appointments, and Sen. Chuck Grassley, R-Iowa, says this memo is "unconvincing."

The four positions that Obama filled with recess appointments are important and powerful jobs that should require Senate confirmation. Obama's actions should be struck down by the courts as unconstitutional when presented with legal challenges, and Speaker John Boehner, R-Ohio, is considering whether the House should pursue its own legal action.

The National Federation of Independent Business, the National Right to Work Foundation and the Coalition for a Democratic Workplace have already filed a lawsuit challenging Obama's so-called recess appointments. These organizations argue that the men illegally appointed by Obama should not be permitted to issue regulations or take other regulatory actions.

When we had Republican presidents, the Democrats were very solicitous to prevent them from abusing the power to make recess appointments. The late Sen. Edward Kennedy, D-Mass., filed an amicus brief in 2004 with the 11th U.S. Circuit Court of Appeals opposing President George W. Bush's appointment of Judge William Pryor Jr. to that court.

Kennedy's brief stated that the 10-day recess the Senate took for President's Day was not a recess sufficient to qualify under the Recess Appointments Clause in the Constitution.

Mark Levin summed up the Obama administration when he told CNSNews, "I believe to a great extent we now live in a post-constitutional country, where much of the Constitution is ignored or evaded." It's no wonder Gallup reports that the majority of Americans believe our country is moving in the wrong direction.


TOPICS: Crime/Corruption; Editorial
KEYWORDS: phyllisschlafly; schlafly

1 posted on 01/24/2012 5:48:02 AM PST by Kaslin
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To: Kaslin

The Republicans in Congress are afraid of being called racists by the New York Times and the Washington Post. As such, Obama can pretty much do as he pleases.


2 posted on 01/24/2012 5:51:46 AM PST by Arm_Bears (Journalists first; then lawyers.)
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To: Kaslin

Fiat accompli......

It is done


3 posted on 01/24/2012 5:52:35 AM PST by bert (K.E. N.P. +12 ..... Crucifixion is coming)
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To: Kaslin

When can we expect this to show up in a Court? So far, all I have heard is a lot of talk.


4 posted on 01/24/2012 5:52:59 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: Kaslin

Yeah.
But—do the R leaders have the balls to fight this?

I didn’t think so either.


5 posted on 01/24/2012 5:53:26 AM PST by Flintlock (Photo ID for all voting. Let our dead rest in peace.)
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To: bert

Is that a new model?


6 posted on 01/24/2012 5:54:06 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: Kaslin

The Stain has been pissing on our Constitution and the Role of Law from the very beginning.

What I find to be so infuriating is the FACT that Congress has not done a single thing to slow down, much less stop, the abuses of power committed by this Regime.

Boehner and McConnell are as useless as teats on a boar and must be shown the exit in the same manner as The Stain.


7 posted on 01/24/2012 6:01:24 AM PST by Howie66 (I can see November (2012) from my house.)
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To: Howie66
The first sign that he wasn't going to follow protocol should have told us what he was all about:


8 posted on 01/24/2012 6:09:53 AM PST by liberalh8ter (I don't like what the world has become....)
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To: liberalh8ter

There are those of us that saw this coming a mile off. I have no doubt that you were one of us.

The Stain has to go. For the sake of the children, of course.


9 posted on 01/24/2012 6:34:27 AM PST by Howie66 (I can see November (2012) from my house.)
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To: saganite
When can we expect this to show up in a Court? So far, all I have heard is a lot of talk.

It will not show up in court.

Pay attention to what Mark Levin says:

Mark Levin summed up the Obama administration when he told CNSNews, "I believe to a great extent we now live in a post-constitutional country, where much of the Constitution is ignored or evaded."

We are living in a post constitutional Amerika, whereby the statist elitists in both major parties disregard and trample on the US Constitution, only citing it when they can twist and pervert it to their own statist ends.

In his book, "How Should We Then Live? The Rise and Decline of Western Thought and Culture", Francis Schaeffer warned that the biggest threat to the US and western civilization is the rise of statism, and what has developed in the US as a facist economy that goes far beyond just crony capitalism and corporatism to the exaltation of the state to control and decide the fate of every entity within it's grasp of absolute power.

And that is where we are at now.

10 posted on 01/24/2012 6:41:07 AM PST by toro_embolados
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To: Arm_Bears
So the strategy is to win both houses in November and then impeach him as necessary? God help us.
11 posted on 01/24/2012 7:14:52 AM PST by Rockitz (This isn't rocket science- follow the money and you'll find truth.)
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To: toro_embolados

None of which answers my question since none of those comments even addressed it.


12 posted on 01/24/2012 7:17:52 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: bert

Yes: I kept seeing the word “Attempt”.

Hasn’t it been done?

Is anyone challenging it?

It appears to me also that it is a Fait Accompli.

Where are the Republicans.
The only good I see in this is that the Republican President Newt Gingrich can appoint anyone he likes and the Democrats have no legitimate way to complain.


13 posted on 01/24/2012 7:25:51 AM PST by Venturer
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To: saganite
None of which answers my question since none of those comments even addressed it.

You asked when it would show up in court.

I answered that it would not, so I answered your question precisely.

14 posted on 01/24/2012 7:27:06 AM PST by toro_embolados
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To: toro_embolados

And you know this how? Please provide some background besides your own opinion and some unrelated quotes. Something like, for instance, “Speaker Boehner said the case will not go to court”. You know, something relevant.


15 posted on 01/24/2012 7:33:11 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: liberalh8ter

Yeah....and in November he will locate to “The Office of the President Defunct”


16 posted on 01/24/2012 7:37:14 AM PST by spokeshave (Mitt will release his tax returns when 0bambi releases his Birth Certificate and grades)
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To: Kaslin

bttt


17 posted on 01/24/2012 7:49:26 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both)
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To: toro_embolados
We are living in a post constitutional Amerika, whereby the statist elitists in both major parties disregard and trample on the US Constitution, only citing it when they can twist and pervert it to their own statist ends.

Is Gingrich a "statist elitist"? Is Romney? Is Santorum? They all at some time or another in their lives have acted this way right? Is Ron Paul a statist elite?

18 posted on 01/24/2012 7:50:50 AM PST by thirst4truth (The left elected a mouth that is unattached to an eye, brain or muscle.)
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To: toro_embolados; saganite

“...When can we expect this to show up in a Court?...”
“...It will not show up in court...”
-
Try to keep up, noob.

“...The National Federation of Independent Business,
the National Right to Work Foundation
and the Coalition for a Democratic Workplace
have already filed a lawsuit challenging Obama’s so-called recess appointments...”


19 posted on 01/24/2012 7:59:22 AM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: saganite
Not only did I answer your question, but gave the reason why it would not show up in court.

Thank you.

20 posted on 01/24/2012 8:19:21 AM PST by toro_embolados
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To: saganite

I’ve already told you.


21 posted on 01/24/2012 8:19:37 AM PST by toro_embolados
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To: Repeal The 17th

Not a noob but thanks for answering the question.


22 posted on 01/24/2012 8:25:07 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: toro_embolados

No, you told me your opinion which happens to be wrong according to another poster but thanks for playing.


23 posted on 01/24/2012 8:27:00 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: toro_embolados

Just for the record, fascism is a right-wing, conservative ideological form of government, so I have been informed by an idiot liberal who was using Wikipedia as their source!

Of course, I pointed out that ON Wikipedia, it specifically states that fascism “opposes conservatism.” Not that this little fact had any impact on the liberal idiot!

I just thought it would be fun to share liberal stupidity and laugh at that particular idiot here on FR!


24 posted on 01/24/2012 9:19:47 AM PST by ExTxMarine (PRAYER: It's the only HOPE for real CHANGE in America!)
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To: saganite
You are welcome, by the way, Boehner is an incompetent boob and lacky for the statist elitist of the liberal republican establishment and will do nothing.

It would help you if you became better informed on the rise of statism in both major parties since the early 20th century. Then you might know what Mark Levin, myself and many others are talking about.

Thanks for playing.

25 posted on 01/24/2012 9:31:33 AM PST by toro_embolados
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To: thirst4truth
Is Gingrich a "statist elitist"? Is Romney?

Yes.

26 posted on 01/24/2012 9:31:39 AM PST by toro_embolados
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To: Repeal The 17th
“...When can we expect this to show up in a Court?...”

“...It will not show up in court...”

- Try to keep up, noob.

Why the insults?

Do you think your insults are intimidating? Yes or no?

Tell me, is this the kind of place that allows the "oldies" to insult the newbies but then the oldies report newbies in some sort of petty territorial ploy? Yes or no?

“...The National Federation of Independent Business, the National Right to Work Foundation and the Coalition for a Democratic Workplace have already filed a lawsuit challenging Obama’s so-called recess appointments...”

Which mean nothing, since they will be bogged down in legal maneuverings forever.

If Boehner and the elist rebooblican establishment were not big government statists, they would bring articles of impeachment, which is what should be done.

27 posted on 01/24/2012 9:31:46 AM PST by toro_embolados
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To: saganite

other one not you


28 posted on 01/24/2012 10:03:33 AM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: toro_embolados

Lessons for noobs:
Work on your reading comprehension.
If you say something, try to be correct.
If you say something wrong, admit it.


29 posted on 01/24/2012 10:08:13 AM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: toro_embolados

Lol. Whatever dude.


30 posted on 01/24/2012 10:12:55 AM PST by saganite (What happens to taglines? Is there a termination date?)
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To: Howie66

Thank you. I feel we have an obligation to our children, grandchildren and their children and grandchildren, to maintain and nurture this free and prosperous Nation so that they may enjoy the freedoms and opportunities that we had. Anything less makes us selfish ingrates.


31 posted on 01/24/2012 10:34:02 AM PST by liberalh8ter (I don't like what the world has become....)
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To: saganite
Lol. Whatever dude.

ROFLMFO....backatcha dude.(wink)

32 posted on 01/24/2012 10:56:10 AM PST by toro_embolados
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To: ExTxMarine
Just for the record, fascism is a right-wing, conservative ideological form of government, so I have been informed by an idiot liberal who was using Wikipedia as their source!

Of course, I pointed out that ON Wikipedia, it specifically states that fascism “opposes conservatism.” Not that this little fact had any impact on the liberal idiot!

I just thought it would be fun to share liberal stupidity and laugh at that particular idiot here on FR!

It's not only the liberals who are ignorant of what constitutes a facist economy and state, but many so called "conservatives" as well.

The classic definition of a facist economy and state is one that is of a supreme centralized government that allows the means of production to be private(read--corporate), but is completely regulated and controlled by the state. Thus, "Obamacare" is "privatized" but directed, regulated and controlled by the centralized supreme government.

I am a sonstitutional conservative, and most of those who claim to be "conservative" still are on the side of big government, and have no problem with the EPA, and all the other alphabet soup agencies that circumvent the constitutional power of congress to write laws by writing their own laws and establishing penalties in the form of regulations.

Mark Levin is absolutely correct, we are living in a post constitutional Amerika, that is a big, centralized and controlling state run by statist elitists on both the right and the left.

33 posted on 01/24/2012 11:07:57 AM PST by toro_embolados
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To: Repeal The 17th
Lessons for noobs:

What's with the petty, condescending attempt at a bullying intimidation tactic like you think it scores points for you?

I love all you inexperienced dudes who seem to think that your being a participant here for a longer period makes you special and superior to a "noob".

I may be new here, but am not to these kinds of boards, and it's the same at most all, whether left or right with all the oldies, who try these petty, little intimidation tactics with "noobs", as if you have some sort of territory to protect. It's rather hilarious actually, and sad that one is so insecure as to resort to such silliness.

Work on your reading comprehension.

My reading comprehension is fine, so take your own advice and heal thyself.

If you say something, try to be correct.

I was and am correct and if you two guys had better reading comprehension you wouldn't be so confused.

If you say something wrong, admit it.

Physician heal thyself.

34 posted on 01/24/2012 4:34:08 PM PST by toro_embolados
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To: toro_embolados

You are a poopy head.
Bite me, noob.


35 posted on 01/24/2012 6:05:29 PM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th
You are a poopy head.

Bite me, noob.

You have my prayers.

36 posted on 01/25/2012 5:51:54 PM PST by toro_embolados
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To: toro_embolados

I have gone into my account settings and put you on “ignore”.


37 posted on 01/25/2012 6:03:06 PM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th

I will continue to pray for you.


38 posted on 01/26/2012 11:24:31 AM PST by toro_embolados
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