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.
I’ve already told you.
Not a noob but thanks for answering the question.
No, you told me your opinion which happens to be wrong according to another poster but thanks for playing.
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 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.
Yes.
“...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.
other one not you
Lessons for noobs:
Work on your reading comprehension.
If you say something, try to be correct.
If you say something wrong, admit it.
Lol. Whatever dude.
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.
ROFLMFO....backatcha dude.(wink)
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.
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.
You are a poopy head.
Bite me, noob.
Bite me, noob.
You have my prayers.
I have gone into my account settings and put you on “ignore”.
I will continue to pray for you.
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