Keyword: recessappointments

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  • Labor board scrambles after hundreds of decisions thrown into doubt by court ruling

    06/27/2014 10:14:30 AM PDT · by lilyramone · 15 replies
    Fox News ^ | June 27, 2014 | FoxNews.com
    The Supreme Court ruling on Thursday that invalidated three appointments made by President Obama to the National Labor Relations Board has thrown hundreds of the board's decisions into question. The board that rules on labor disputes is now scrambling to determine the impact of the high court decision. At issue is whether board decisions made when the now-invalid appointees were participating will have to be re-decided under the current NLRB.
  • Mark Levin Show,M-F,6PM-9PM,EDT,WABC AM, June 23-27, 2014

    06/23/2014 2:38:57 PM PDT · by Biggirl · 288 replies
    Mark Levin Show ^ | June 23-27, 2014 | Mark Levin
    p>The Legacy Lives On! Mark’s Lost Dog & Cat Rescue Foundation “Conservatism is the antidote to tyranny precisely because its principles are the founding principles.” --Mark Levin in Liberty and TyrannyWelcome to “The Levin Lounge”… Step in and have a virtual FRink.Taking the country by storm, one radio station at a time – and kicking the BUTTS of the competition! Welcome all, to the most FUN LIVE THREAD on FreeRepublic.com! You can call Mark’s show: 1-877-381-3811
  • Despite ‘Powerful Rebuke’ from Supreme Court, Reid Says Ruling Shows Need for Nuclear Option

    06/26/2014 9:14:53 AM PDT · by jazusamo · 25 replies
    PJ Media ^ | June 26, 2014 | Bridget Johnson
    Republicans on the Hill cheered the 9-0 Supreme Court decision that found President Obama’s January 2012 appointments to the National Labor Relations Board were unconstitutional, while the top Democrat in the Senate maintained that the White House was in the right. Obama branded them “recess appointments,” but the Senate was actually in pro-forma session at the time. In September of that year, 41 GOP senators filed an amicus brief in support of the case brought against the presidential appointments. The U.S. Court of Appeals for the District of Columbia ruled the appointments of Sharon Block and Richard Griffin were unconstitutional...
  • Imperial, Lawless Obama Threatens More Unilateral Action

    01/16/2014 3:06:35 PM PST · by jazusamo · 24 replies
    Creators Syndicate ^ | January 17, 2014 | David Limbaugh
    This week, once again, we heard President Obama defiantly pronounce that he has no intention of letting a little thing like constitutional checks and balances get in his way and interrupt his royal prerogative. "We are not just going to be waiting for legislation in order to make sure that we're providing Americans the kind of help that they need," said Obama. "I've got a pen, and I've got a phone." What other president has ever talked like this? I thought Democrats had an aversion to "unilateral" executive action. Wasn't one of their pet peeves against President George W. Bush...
  • Sure sounds like the Supreme Court’s going to rule against Obama on recess appointments

    01/13/2014 2:02:07 PM PST · by SeekAndFind · 21 replies
    Hotair ^ | 01/13/2014 | AllahPundit
    I know, I know: Didn’t we go through this once before? SCOTUS sounded skeptical after oral arguments on ObamaCare’s individual mandate too and we all know how that turned out. We’re setting ourselves up for heartbreak. Again.One big difference between then and now, though, is that everyone assumed a ruling against the mandate would be no better than 5-4. Obama had four liberal justices in the bag for his position, as usual; the only question was whether they could get one conservative. Per Moe Lane, the word from SCOTUSblog about this morning’s arguments is that even some of the liberals...
  • Recess appointments appear in jeopardy

    01/13/2014 11:36:00 AM PST · by Cincinatus' Wife · 35 replies
    The Hill ^ | January 13, 2014 | Ben Goad
    Three of President Obama’s recess appointments appeared in jeopardy Monday of being deemed unconstitutional, as the U.S. Supreme Court took up a case that could help define the limits of executive power. Nearly every justice on the high court questioned the basis of Obama’s 2012 appointments to the National Labor Relations Board, signaling a ruling that could temper presidential authority and bolster the Senate’s hand. At issue is whether Obama overstepped by making the appointments during a limited “pro-forma” session of the Senate and, further, when exactly presidents can install judges and fill top federal vacancies without the upper chamber’s...
  • Justices skeptical of Obama’s recess appointment claim

    01/13/2014 10:31:11 AM PST · by jazusamo · 34 replies
    The Washington Times ^ | January 13, 2014 | Stephen Dinan
    Supreme Court justices took a dim view Monday of President Obama’s claim of almost unlimited powers to appoint top government officials, saying he appeared to be breaking with the founders’ vision of separation of powers between the branches of government when he tried an end-run around the Senate in 2012. Both liberal and conservative justices seemed skeptical of the president’s claim, though they struggled with how far to go in deciding the limits of a president’s recess appointment power. If they ruled narrowly, they could simply overturn Mr. Obama’s 2012 appointments by finding he tried to act when the Senate...
  • The President vs. the Senate

    01/03/2014 11:21:47 AM PST · by IndePundit · 9 replies
    The Wall Street Journal ^ | 1/2/14 | By DAVID B. RIVKIN JR. And LEE A. CASEY
    Later this month the Supreme Court will hear a case that should resolve how much latitude presidents have to make recess appointments to federal offices that otherwise require Senate confirmation. The boundary of this power has never been decided by the high court. Yet the entire scheme of the U.S. Constitution—which is based on a separation of powers, enforced through checks and balances to safeguard individual liberty—is at stake. Noel Canning v. NLRB involves several recess appointments President Obama made to the National Labor Relations Board on Jan. 4, 2012. The federal appeals court in Washington, D.C., correctly held that...
  • Third federal appeals court invalidates Obama NLRB recess appointment

    07/17/2013 3:12:18 PM PDT · by Nachum · 10 replies
    Associated Press ^ | 7/17/13 | Staff
    RICHMOND, Va. – A third federal appeals court ruled Wednesday that President Obama´s recess appointments of three National Labor Relations Board members was unconstitutional. A divided three-judge panel of the 4th U.S. Circuit Court of Appeals joined federal appeals courts in the District of Columbia and Philadelphia in ruling that the Senate wasn´t really in recess when Obama filled the vacancies during an extended holiday break in January 2012. The U.S. Supreme Court has agreed to hear the D.C. case. However, the legal dispute may have been resolved politically. Obama on Tuesday nominated two new NLRB appointees to replace those
  • Senate confirms all five NLRB members

    07/30/2013 4:11:34 PM PDT · by jazusamo · 9 replies
    The Hill ^ | July 30, 2013 | Ramsey Cox
    After a contentious fight over some of President Obama’s nominees, the Senate confirmed five members to the National Labor Relations Board (NLRB). On Tuesday, the Senate voted to clear all five nominees — Harry Johnson III, Philip Miscimarra, Nancy Schiffer, Kent Hirozawa and Mark Pearce. Republicans agreed to hold up-or-down votes on the NLRB nominees as part of a deal to avoid Senate rule changes limiting the minority's right to filibuster executive branch nominations. Two of the NLRB nominees confirmed were GOP picks — Johnson and Miscimarra — and Schiffer, Hirozawa and Pearce were Obama's nominees. As part of the...
  • Senate confirms all five NLRB members

    07/30/2013 4:14:06 PM PDT · by onyx · 30 replies
    The Hill ^ | 07/30/13 06:15 PM ET | By Ramsey Cox
    After a contentious fight over some of President Obama’s nominees, the Senate confirmed five members to the National Labor Relations Board (NLRB).On Tuesday, the Senate voted to clear all five nominees — Harry Johnson III, Philip Miscimarra, Nancy Schiffer, Kent Hirozawa and Mark Pearce.Republicans agreed to hold up-or-down votes on the NLRB nominees as part of a deal to avoid Senate rule changes limiting the minority's right to filibuster executive branch nominations. Two of the NLRB nominees confirmed were GOP picks — Johnson and Miscimarra — and Schiffer, Hirozawa and Pearce were Obama's nominees. As part of the deal, Obama...
  • Obama Violated Constitution With Recess Appointments, Appeals Court Rules

    06/24/2013 7:27:33 PM PDT · by VitacoreVision · 28 replies
    The New American ^ | 26 January 2013 | Joe Wolverton, II, J.D.
    The Court of Appeals for Washington, D.C. ruled that President Obama's recess appointments from 2012 violated Article II of the Constitution. Obama Violated Constitution With Recess Appointments, Appeals Court Rules The New American 26 January 2013 On Friday, a federal appeals court ruled that President Obama's 2012 recess appointments to the National Labor Relations Board (NLRB) were unconstitutional. Specifically, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit held that the recess appointments violated the Article II, Section 2 of the Constitution, the so-called Appointments Clause. This article grants the president power to...
  • Breaking: Supreme Court to review Obama recess appointments

    06/24/2013 8:07:55 AM PDT · by SeekAndFind · 65 replies
    Hotair ^ | 06/24/2013 | Ed Morrissey
    It won’t be for a while, as this session of the Supreme Court will come to an end this week with the release of its most controversial decisions of the term. However, next year, the court will hear arguments on what constitutes a recess, and how much power the President has to make appointments without the advice and consent of the Senate: President Obama’s recess appointments to a federal agency– made without Senate confirmation– will be reviewed by the Supreme Court, a major constitutional test of executive power. …The case sets up a high-stakes Supreme Court fight between the other...
  • U.S. justices to hear presidential appointments case

    06/24/2013 7:01:26 AM PDT · by Oldeconomybuyer · 6 replies
    Reuters ^ | June 24, 2013 | by Lawrence Hurley
    (Reuters) - The U.S. Supreme Court on Monday agreed to hear a closely watched case involving the National Labor Relations Board that raises fundamental questions about the authority of the U.S. president to make appointments without Senate approval. In the court's next term, starting in October, the court will consider whether three appointments President Barack Obama made to the board in January 2012 were invalid because the Senate was not technically in recess at the time.
  • Senate GOP asks High Court to invalidate recess appointments

    05/28/2013 2:38:42 PM PDT · by jazusamo · 13 replies
    The Hill ^ | May 28, 2013 | Julian Hattem
    All 45 GOP senators signed a brief calling Obama's appointments an unconstitutional abuse of power. The Senate GOP conference has asked the Supreme Court to invalidate President Obama's January 2012 recess appointments as an unconstitutional abuse of power. All 45 Repubican senators on Tuesday signed on to a brief arguing that Obama overstepped his authority in naming members to the National Labor Relations Board (NLRB) while the Senate was technically still in session. “The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency while the Senate was continuing to hold sessions, and without...
  • Obama asks Supreme Court to review appointments ruling

    04/25/2013 1:35:42 PM PDT · by Oldeconomybuyer · 12 replies
    Reuters ^ | April 25, 2013 | by Lawrence Hurley and Amanda Becker
    Setting the stage for a constitutional showdown, the Obama administration on Thursday urged the Supreme Court to rule that presidents have broad authority to make certain appointments without Senate approval. In January the U.S. Court of Appeals for the District of Columbia Circuit ruled that three appointments to the panel, which normally has five members, were invalid. In the brief filed on Thursday, Solicitor General Donald Verrilli defended the recess appointment powers of the president, disputing the court's conclusion that it can only be used in the period between formal sessions of the Senate. If the appeals court ruling was...
  • Obama to appeal recess appointment ruling to Supreme Court

    03/12/2013 3:08:26 PM PDT · by jazusamo · 55 replies
    The Washington Times ^ | March 12, 2013 | Stephen Dinan
    President Obama will elevate the controversy over his recess appointment powers to the highest level, with the National Labor Relations Board announcing Tuesday it will appeal to the Supreme Court a lower-court ruling that held his appointments to the board were illegal. That move will put the thorny case straight before the justices, who will have to decide whether Mr. Obama overstepped his constitutional powers when he did an end-run around Congress last year and named three board members — using his recess-appointment powers at a time when the Senate considered itself still in session. In January a three-judge panel...
  • *Obama renominates contentious labor board picks

    02/13/2013 12:35:50 PM PST · by libstripper · 7 replies
    Washington Times ^ | Feb. 13, 2013 | Dave Boyer
    In a provocative move, President Obama Wednesday re-nominated two controversial Democratic candidates to the National Labor Relations Board just weeks after a federal court invalided their recess appointments to the posts. Mr. Obama again nominated Sharon Block, a former Democratic Labor Department official, and Richard Griffin, a Democratic union lawyer, to serve on the NLRB
  • White House Condemns Court Ruling On 'Unconstitutional' Obama Appointments [Imperial Presidency!]

    01/25/2013 10:10:21 PM PST · by Steelfish · 38 replies
    Guardian (UK) ^ | January 25, 2013
    White House Condemns Court Ruling On 'Unconstitutional' Obama Appointments Spokesman says ruling heralded by Republicans' lawyers as 'stinging rebuke' to president is 'novel and unprecedented' 25 January 2013 The Obama administration is likely to appeal to the Supreme Court over its right to make direct appointments when Congress is in recess. Barack Obama breached the constitution when he bypassed Congress to make appointments to a labour relations panel, a federal appeal court ruled on Friday in a decision that was condemned by the White House as "novel and unprecedented". The judgement, from a three-judge panel of the US court of...
  • NOEL CANNING v. NATIONAL LABOR RELATIONS BOARD

    01/26/2013 8:09:20 AM PST · by libstripper · 4 replies
    amazonaws.com (D.C. Circuit Court of Appeals) ^ | January 25, 2013 | D.C. Circuit Court of Appeals
    SENTELLE, Chief Judge: Noel Canning petitions for review of a National Labor Relations Board (“NLRB” or “the Board”)decision finding that Noel Canning violated section 8(a)(1) and (5) of the National Labor Relations Act . . .
  • Yes, President Obama, the Constitution applies to you, too (Surprise, surprise. He's not the king)

    01/25/2013 5:33:17 PM PST · by Kaslin · 32 replies
    FOX News.com ^ | January 25, 2013 | Loyd Green
    Sometimes, Barack Obama acts like the Constitution does not apply to him and the Congress is an imaginary being. Friday, the United States Court of Appeals brought the president back to Earth and reminded him that that the Constitution’s Appointments Clause and the U.S. Senate are very much part of reality by voiding three of Obama’s recess appointments to the National Labor Relations Board. The D.C. Circuit ruled that the president could not end-run the confirmation process merely because at the beginning of 2012 the U.S. Senate was meeting every three business days in, what lawyers call, pro forma session....
  • A Federal Court Had Three Words For Obama's Recess Appointments

    01/25/2013 4:57:02 PM PST · by The Looking Spoon · 14 replies
    The Looking Spoon ^ | 1-25-13 | The Looking Spoon
    In case you missed it... Finally a good day for America, it's been a while.
  • Senators join suit over Obama’s constitutional powers (Recess appointments)

    09/26/2012 3:16:19 PM PDT · by jazusamo · 14 replies
    The Washington Times ^ | September 26, 2012 | Stephen Dinan
    Republican senators on Wednesday joined a lawsuit arguing President Obama violated the Constitution when he used his recess appointment powers earlier this year to fill several controversial jobs. The move elevates the stakes in what has been a simmering constitutional battle. The senators, led by Minority Leader Mitch McConnell, have long argued the Senate was still in session, not in recess, when Mr. Obama made his move in January. They said the picks — to the National Labor Relations Board and to a top consumer advocacy post — are therefore illegal. “The Constitution empowers the Senate, not the president, to...
  • Consumer Protection Financial Bureau Director Richard Cordray Doubted Constitutionality of His...

    04/18/2012 4:30:42 PM PDT · by jazusamo · 5 replies
    Judicial Watch ^ | April 18, 2012
    Complete title: Consumer Protection Financial Bureau Director Richard Cordray Doubted Constitutionality of His Own Appointment, Documents Uncovered by Judicial Watch Show “There is a chance…that the appointment would be invalidated by a court.” Cordray Told Staff His Short Stint “should give to each one of us…a fierce urgency to accomplish the work we are doing together.” (Washington, DC) –Judicial Watch, the organization that investigates and fights government corruption, announced today that it has obtained documents from the Consumer Financial Protection Bureau (CFPB) that indicate the agency’s director, Richard Cordray, doubted the constitutionality of his own appointment. On January 4, 2012,...
  • Resist Obama/Reid's nomination power play (absurd and dangerous - hits around Easter)

    03/14/2012 5:38:03 PM PDT · by Libloather · 6 replies
    The Hill ^ | 3/14/12 | Rick Manning
    Resist Obama/Reid's nomination power playBy Rick Manning - 03/14/12 03:56 PM ET Senate Majority Leader Harry Reid’s (D-Nev.) nomination power play under the guise of a created emergency on the federal bench is both absurd and dangerous. The truth is that Reid is setting up a constitutional crisis over the Easter congressional district work period allowing President Obama to “recess”-appoint a bevy of judges and others without the advice and consent of the Senate. The Constitution does not require that the Senate approve the president’s choices for the judiciary, and in fact, the Senate is supposed to be anything but...
  • Were the President’s Recess Appointments Constitutional?

    02/23/2012 7:45:07 AM PST · by Martin_Schmidt · 23 replies
    American Enterprise Institute ^ | 02/23/2012 | Staff
    Tuesday at AEI, four distinguished lawyers aggressively debated the constitutionality of the president’s recent "recess" appointments during the Senate's 2011-2012 pro forma sessions. First, Morton Rosenberg asserted that the president was explicitly violating the Constitution by making recess appointments when the Senate was in pro forma sessions, thereby avoiding recess by its own constitutional authority to develop its own rules. Douglas Kmiec countered that the Senate's creation of pro forma sessions simply to inhibit the executive branch violated the honest interface that the framers intended between the branches of government. David Rivkin Jr. concurred with Rosenberg's conclusion about the unconstitutionality...
  • Were Obama’s Recess Appointments Constitutional?

    02/14/2012 11:45:57 AM PST · by american_steve · 17 replies
    OfficialWire ^ | 02/14/2012 | Staff
    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...
  • Senate Republicans to challenge recess appointments in court

    02/03/2012 10:50:14 AM PST · by jazusamo · 20 replies
    The Hill ^ | February 3, 2012 | Kevin Bogardus
    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...
  • President’s “Recess” Appointments Unconstitutional, David Rivkin Testifies

    02/01/2012 9:04:23 AM PST · by american_steve · 22 replies · 1+ views
    OfficialWire, DavidRivkin.com ^ | 02/01/2012 | Staff
    The Committee on Oversight and Government Reform chaired by Darrell Issa (R-CA) is set to begin a hearing on the morning of February 1 on President Obama's recess appointments to the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB). During the hearing, titled "Uncharted Territory: What are the Consequences of President Obama's Unprecedented 'Recess' Appointments?", constitutional attorney David Rivkin will assert that the appointments are unconstitutional.
  • Labor Board Chief to Push Union Organizing Rules

    01/27/2012 10:23:34 AM PST · by DBCJR · 3 replies
    ABC News ^ | January 26, 2012 | By SAM HANANEL Associated Press
    The chairman of the National Labor Relations Board plans to push for new rules that would give unions a boost in organizing members, despite an outcry from Republicans and business groups who say the board is going too far. Mark Pearce said he hopes the board will propose the rules soon, now that it has a full component of five members. President Barack Obama bypassed the Senate earlier this month to fill three vacancies...
  • Are Obama's NLRB Appointments Constitutional?

    01/19/2012 3:51:46 PM PST · by jazusamo · 10 replies
    National Legal & Policy Center ^ | January 18, 2012 | Carl Horowitz
    Republican objections to President Obama's temporary appointments last week to the National Labor Relations Board (NLRB) haven't been unexpected. The board, by law, must consist of three members of one major party and two of the other. And so long as he remains in the White House, Democrats will enjoy an automatic majority. But at least two appointments may also be unconstitutional, say critics. That's because the president's referrals to the Senate of the two Democratic nominees, Sharon Block and Richard Griffin, were made during a period in which senators were not on official recess. Block, Griffin and the...
  • Obama admin taken to court for recess appointments

    01/13/2012 7:44:45 PM PST · by afraidfortherepublic · 18 replies
    Daily Caller ^ | 1-13-12 | Neil Munro
    A right-to-work organization is taking the White House to court over the president’s controversial decision to install three new members on the National Board Relations board without Senate approval. The legal challenge came after the three new members approved a legal response in an existing lawsuit. The plaintiffs asked the judge on Friday to rule that their participation is invalid because President Barack Obama did not have the authority to appoint them. “We asked [the judge] to consider the question of whether they are constitutionally seated,” said Mark Mix, president of the National Right to Work Foundation. Without legitimate appointments,...
  • First court challenge filed against Obama's recess appointments

    01/13/2012 2:42:42 PM PST · by jazusamo · 28 replies
    The Hill ^ | January 13, 2012 | Kevin Bogardus
    The National Right to Work Foundation filed a motion Friday that challenges the legality of President Obama’s recess appointments to the National Labor Relations Board (NLRB). The motion, filed in the U.S. District Court for the District of Columbia, is a joint action with the Coalition for a Democratic Workplace and the National Federation of Independent Business (NFIB). It is the first legal action that questions the president’s recent recess appointments, which he made earlier this month over the fierce objections of Republican lawmakers. The president recess-appointed Richard Cordray as director of the Consumer Financial Protection Bureau, along with three...
  • Justice memo argues Obama recess appointments were legal

    01/12/2012 10:11:53 AM PST · by Sopater · 26 replies
    The Hill ^ | 01/12/12 12:32 PM ET | Alexander Bolton
    The Department of Justice offered a defense on Thursday for President Obama’s controversial decision to make several recess appointments while Congress was in pro forma sessions. In a memo, Justice argued the pro-forma sessions held every third day in the Senate do not constitute a functioning body that can render advice and consent on the president’s nominees. It said the president acted consistently under the law by making the appointments.
  • Stand Against President Obama’s Abuse of Recess Appointments (ACTIVISM TIME!)

    01/11/2012 2:38:45 PM PST · by tutstar · 26 replies
    citizens united ^ | 1 11 2012 | David Bossie
    Congressman Jeff Landry (R-LA) has just introduced the Executive Appointment Reform Act to reverse the Constitutional damage President Obama has done with his unprecedented “recess” appointments. Contact your Representative today by calling (202) 224-3121 to urge them to cosponsor and support Rep. Landry's Executive Appointment Reform Act and stand against President Obama’s abuse of the recess appointment process. The text of Rep. Landry's letter to his colleagues in the United States House of Representatives is below:
  • Obama Recess Appointments The Worst Kind Of Politics

    01/10/2012 8:40:55 AM PST · by Kaslin · 12 replies
    Townhall.com ^ | January 9, 2012 | Fred Wszolek
    President Obama’s decision to recess appoint Richard Griffin and Sharon Block to the National Labor Relations Board (NLRB) is but another example of the stark contrast between his actions as president and his words as a candidate. Obama promised the American people that if elected president he would change the tone of politics in Washington, D.C. and turn the economy around. He has done neither. He recess appointed labor radical Craig Becker after his nomination received bipartisan opposition, who together with Obama’s other nominees have poisoned the atmosphere of labor relations in the U.S. They have engaged in an unprecedented...
  • GOP: Could Obama make a recess appointment overnight or on weekend? (strongly worded letter to DOJ)

    01/09/2012 6:05:42 AM PST · by Libloather · 33 replies
    The Hill ^ | 1/06/12 | Pete Kasperowicz
    GOP: Could Obama make a recess appointment overnight or on weekend?By Pete Kasperowicz - 01/06/12 03:01 PM ET Sen. Chuck Grassley (R-Iowa) is asking the Obama administration whether recess appointments overnight and on the weekend are possible after the president's decision this week to appoint four federal officials despite pro forma sessions by Congress. In a letter to Attorney General Eric Holder, Grassley and seven other Republican senators on Friday pressed the Obama administration for more details about its decision to make the controversial recess appointments. Grassley's letter said the White House broke with 90 years of precedent on Wednesday...
  • Obama, the constitutional anarchist

    President Obama’s recess appointment of three members of the National Labor Relations Board and Richard Cordray to the Consumer Financial Protection Bureau continues to reverberate. The most compelling legal analysis on the subject is offered by conservative legal figures, most aptly today by Todd Gaziano of the Heritage Foundation and former attorney general Ed Meese: Article I, Section 5, of the Constitution states that neither house of Congress may adjourn for more than three days without the consent of the other house. The House of Representatives did not consent to a Senate recess of more than three days at the...
  • Obama Takes Victory Lap

    01/06/2012 12:04:05 PM PST · by Iron Munro · 58 replies
    The Hill ^ | Jan. 6, 2011 | Amie Parnes
    Two days after defying Republicans and appointing Richard Cordray to head the Consumer Financial Protection Bureau, President Obama visited the new agency to take a little time to gloat. Making a victory lap of sorts at the independent agency, Obama cracked a joke, telling employees that he came by to help their new director move in. More seriously, a seemingly content Obama called the man he tapped a “great director who is tailor-made to lead this agency.” With Cordray at the helm, after months of delay, the agency will help Americans better digest mortgages, student loans and credit card fees...
  • An Imperial Sham

    01/06/2012 4:14:29 AM PST · by Kaslin · 14 replies
    Townhall.com ^ | January 6, 2012 | Jonah Goldberg
    Senate Majority Leader Harry Reid, a man whose political success is largely attributable to the aura of befuddled incompetence he uses to disarm his adversaries, was a failed Watergate baby. In 1974, a slew of often sanctimonious and very liberal Democratic politicians rode the tide of understandable national disgust with Richard Nixon to Congress. Then the lieutenant governor of Nevada, Reid ran for the U.S. Senate, hoping to tie his opponent to the "imperial presidency" that had allegedly sprung up ex nihilo under Nixon. Given Nevada's inherent conservatism (at least back then), Reid cast himself as an incorruptible champion of...
  • Obama's reckless recess ploy

    01/06/2012 7:05:27 AM PST · by american_steve · 10 replies
    The Wall Street Journal ^ | 01/06/2012 | David B. Rivkin, Jr. and Lee A. Casey
    Mr. Obama is claiming an open-ended authority to determine that the Senate is in recess, despite that body's own judgment and the factual realities. That is an astonishing and, so far as we can tell, unprecedented power grab. It is not up to the president to decide whether the Senate is organized properly or working hard enough. However much the supposedly power-hungry President George W. Bush may have resented the Senate's practice of staying "in session" to defeat his recess-appointment power, he nevertheless respected the Senate's judgment on the point. The president has done his new appointees and the public...
  • Obama’s recess appointments are unconstitutional (Impeach the Communist Slimeball)

    01/05/2012 8:03:23 PM PST · by tobyhill · 45 replies
    WASHINGTON POST ^ | 1/5/2012 | Edwin Meese III and Todd Gaziano
    President Obama’s attempt to unilaterally appoint three people to seats on the National Labor Relations Board and Richard Cordray to head the new Consumer Financial Protection Bureau (after the Senate blocked action on his nomination) is more than an unconstitutional attempt to circumvent the Senate’s advise-and-consent role. It is a breathtaking violation of the separation of powers and the duty of comity that the executive owes to Congress. Yes, some prior recess appointments have been politically unpopular, and a few have even raised legal questions. But never before has a president purported to make a “recess” appointment when the Senate...
  • Even Obama Agrees that the Senate Was Not in Recess

    01/05/2012 6:41:02 PM PST · by Qbert · 28 replies
    Heritage ^ | January 5, 2012 | Andrew Grossman
    Defenders of President Obama’s unprecedented “recess” appointments of Richard Cordray to the new Consumer Financial Protection Bureau and three members to the National Labor Relations Board argue that the Constitution is vague on when Congress is in session and that the President can therefore take a “functionalist” approach that considers whether the Senate is available to vote on nominations. Yet even the President doesn’t buy that argument. Proof is that on December 23, President Obama signed a two-month extension of the payroll tax cut.  He said that Congress passed the bill “in the nick of time” and that it was...
  • Obama's Recess Appointments: An Impeachable Offense?

    01/05/2012 5:46:33 PM PST · by Kaslin · 59 replies
    IBD Editorials ^ | January 5, 2012 | Editor
    Constitution: President Obama's nonrecess "recess appointments" can't be excused as over-the-top electioneering. This president has crossed over from socialistic extremism into lawlessness and, perhaps, impeachability. The U.S. Constitution established a strong presidency — so strong that even one of the most esteemed founding fathers, Patrick Henry, worried it would be kinglike. But this week saw a president exceed even those broad constitutional powers because doing so fits his election-year narrative of a "do-nothing Congress" so well. Now we have the makings of a banana republic, where the rule of clearly written constitutional law is compromised by a ruler's subjective whim....
  • The White House Is Wrong – The Senate Conducted Business During Its ‘Recess’

    01/05/2012 4:54:51 PM PST · by jazusamo · 28 replies · 1+ views
    PJ Tatler ^ | January 5, 2012 | Hans von Spakovsky
    In the uproar over President Obama’s unconstitutional “recess” appointments (Richard Cordray to head the Consumer Financial Protection Bureau and three new members of the National Labor Relations Board), one fact has gotten too little attention . Attempting to justify the president’s violation of the Constitution and 90 years of legal precedent, presidential spokesman Dan Pfeiffer claimed that the president can exercise recess appointment powers because the Senate’s pro forma sessions—conducted since mid-December—are merely “a gimmick” during which “no Senate business is conducted and instead one of two Senators simply gavel in and out of session in a matter of...
  • Reid may shortchange August break with "pro forma" sessions (Blast to the past. 7/29/2008)

    01/05/2012 3:51:21 PM PST · by tobyhill · 4 replies
    Politico ^ | 7/29/2008 | Martin Kady II
    Majority Leader Harry Reid may get the last laugh on Senate Republicans who are vowing to oppose adjournment for the long August recess. Reid is considering simply adjourning Friday for the weekend and scheduling very short "pro forma" sessions throughout the August recess. The move would not only prevent President Bush from making recess appointments on controversial executive nominations, it would short circuit efforts by Senate Republicans who would like to filibuster any adjournment resolution in the Senate on Friday night. Senate aides caution that no final decisions have been made on the schedule, but the pro-forma sessions are under...
  • Contempt for Congress

    01/05/2012 12:35:20 PM PST · by radioone · 8 replies
    Wall Street Journal ^ | 1-6-12 | Staff
    Remember those terrible days of the Imperial Presidency, when George W. Bush made several "recess appointments" to overcome Senate opposition? Well, Czar George II never did attempt what President Obama did yesterday in making recess appointments when Congress isn't even on recess. Eager to pick a fight with Congress as part of his re-election campaign, Mr. Obama did the Constitutional equivalent of sticking a thumb in its eye and hitting below the belt. He installed Richard Cordray as the first chief of the Consumer Financial Protection Bureau and named three new members to the National Labor Relations Board. He did...
  • Court fight over recess appointments 'almost certain,' Chamber says

    01/04/2012 8:27:51 PM PST · by bigbob · 17 replies
    The Hill dot com ^ | 1-4-2012 | Peter Schroeder
    The recess appointments President Obama announced Wednesday are “almost certain” to be challenged in court, according to a top official with the nation’s largest business lobby. The U.S. Chamber of Commerce has not decided whether it will file a legal challenge to the appointments, according to David Hirschmann, who heads the Chamber’s Center for Capital Markets Competitiveness. But he said he’s confident that Obama’s precedent-shattering move will land the administration in court. "We've made no decisions ourselves," Hirschmann told The Hill. "What we do know is ... it's almost certain ultimately a court will decide if what the president did...
  • Pro forma sessions block Bush (5/24/2008. More proof Democrats are nothing but liars)

    01/04/2012 2:30:51 PM PST · by tobyhill · 9 replies
    Politico ^ | 5/24/2008 | ap
    The Senate is famed for its long-winded debates, but on Friday it took Democratic Sen. Sherrod Brown just seconds to stop Republicans in their tracks. With the Senate entering the first day of its Memorial Day recess, the Ohio senator was briefly in the chair, before a near-empty chamber, to gavel in and gavel out what is called a pro forma session. Without that procedural move, the Senate would technically be adjourned and President Bush could install administration officials or judges as "recess appointments" — without Senate confirmation. "That's the fastest I've ever done it," said Brown, who like other...
  • Obama to end-run Congress with appointees?

    12/27/2011 12:48:33 PM PST · by pabianice · 22 replies
    12/27/11 | vanity
    Caught a piece of this on TV. Haven't seen it on FR. Reporter was saying that Obama may make recess appointments despite Congress remaining in pro-forma session, breaking the rules of the Constitution. Can anyone clarify this for me?