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Thread: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by AdamT View Post
    Huntsville, AL, eh?
    Yes. Huntsville. It used to be one of the smartest towns in the US with more masters and Ph.Ds per capita than any other city. But that has all changed with the destruction of NASA and the elimination of a great many defense contracts intended to prevent the loss of future wars, including nuclear wars.

    Now Washington DC with it plague of lawyers is the smartest (but not in quite the same way).

    If you want to solve problems you bring them to Huntsville where the engineers are. If you want to create problems you take them to Washington DC where the lawyers are.
    Last edited by Misterveritis; 01-05-12 at 01:04 AM. Reason: incorrect comma usage.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by danarhea View Post
    There was no pro-forma session in the Senate the day Obama made those appointments, which means they were in recess.
    Correct. Republicans took every possible liberty with the rules to prevent Obama from filling these positions which effectively forced Obama to resort to the same tactics.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by danarhea View Post
    There was no pro-forma session in the Senate the day Obama made those appointments, which means they were in recess.
    Are you a lawyer. I believe Shakespeare had the right idea.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by Eighty Deuce View Post
    The Senate has followed the proper protocols. Protocols that Obama's own Justice Department argued for. These protocols compel a President to act with the advice and consent of Congress. Such advice and consent Obama has shunned. Now Obama has taken a further unprecedented step to take power from the Legislative. The community organizer needs to be shown the door.
    Spare us your disingenuous-ness..... unless, of course, you can document your equivalent outrage over the John Bolton's appointment to the UN, which was also a recess appointment. Sorry, but the Republican's played games with this appointment and Obama has joined into that game with his move.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by upsideguy View Post
    Spare us your disingenuous-ness..... unless, of course, you can document your equivalent outrage over the John Bolton's appointment to the UN, which was also a recess appointment. Sorry, but the Republican's played games with this appointment and Obama has joined into that game with his move.
    I don't think that you quite understand what the outrage is about. It doesn't have to do with Obama using his ability to appoint someone during a congresional recess. It was the fact that despite the fact that Obama defended the rule that Presidents must wait 3 days before appointing someone into an office against Bush and despite the fact that Obama's own lawyers said that the 3-day rule was completely constitutional and Obama agreed with them in 2010, Obama went and broke that rule.
    I have an answer for everything...you may not like the answer or it may not satisfy your curiosity..but it will still be an answer. ~ Kal'Stang

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by Kal'Stang View Post
    I don't think that you quite understand what the outrage is about. It doesn't have to do with Obama using his ability to appoint someone during a congresional recess. It was the fact that despite the fact that Obama defended the rule that Presidents must wait 3 days before appointing someone into an office against Bush and despite the fact that Obama's own lawyers said that the 3-day rule was completely constitutional and Obama agreed with them in 2010, Obama went and broke that rule.
    He would have been quite happy to wait three days if Republicans weren't gaming the recess process. But they were so he had the choice of breaking the rule, or allowing Republicans to subvert the implementation of major legislation that they passed and he signed into law. It's beyond ridiculous to complain about it. It's like forcing a car off a road and complaining because the other car drove on the sidewalk.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by Kal'Stang View Post
    I don't think that you quite understand what the outrage is about. It doesn't have to do with Obama using his ability to appoint someone during a congresional recess. It was the fact that despite the fact that Obama defended the rule that Presidents must wait 3 days before appointing someone into an office against Bush and despite the fact that Obama's own lawyers said that the 3-day rule was completely constitutional and Obama agreed with them in 2010, Obama went and broke that rule.
    That is not the least bit true. The original intent of pro forma sessions was to satisfy a constitutional requirement that one chamber of Congress could not adjourn for more than 3 days without consent of the other chamber. Nowhere in the Constitution does it say that this also applies to the president.

    A pro-forma session counts only as one day's business. If a pro-forma session is not held on a day, the chamber, in this case, the Senate, is considered adjourned, and not in business, which gives the president the power to use a recess appointment. Bush understood that well when he appointed John Bolton. Democrats cried foul, but there was nothing legally that could be done. This time, it is Republicans who are whining, and just as in the case of Bolton, they can piss and moan all they want to, but there is nothing legally they can do.

    In short, Republicans have reaped what they sowed.
    Last edited by danarhea; 01-05-12 at 01:47 AM.
    The ghost of Jack Kevorkian for President's Physician: 2016

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    The law itself, creating this position, specifically said that the candidate must be confirmed by the Senate.

    However, one question a judge could need to answer is whether Cordray will actually be able to assume those powers since he has been recess-appointed. The text of the Dodd-Frank law states that those powers will not take effect until the CFPB director "is confirmed by the Senate."

    Court fight over recess appointments 'almost certain,' Chamber says - TheHill.com
    Obama. Anything to try to make something as politicized as he can. What a jackass.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by danarhea View Post
    That is not the least bit true. The original intent of pro forma sessions was to satisfy a constitutional requirement that one chamber of Congress could not adjourn for more than 3 days without consent of the other chamber. Nowhere in the Constitution does it say that this also applies to the president.

    A pro-forma session counts only as one day's business. If a pro-forma session is not held on a day, the chamber, in this case, the Senate, is considered adjourned, and not in business, which gives the president the power to use a recess appointment. Bush understood that well when he appointed John Bolton. Democrats cried foul, but there was nothing legally that could be done. This time, it is Republicans who are whining, and just as in the case of Bolton, they can piss and moan all they want to, but there is nothing legally they can do.

    In short, Republicans have reaped what they sowed.
    Not according to the Obama Administration ....... oooooops !

    It turns out that the action not only contradicts long-standing practice, but also the view of the administration itself. In 2010, Deputy Solicitor General Neal Katyal explained to the Supreme Court the Obama administration’s view that recess appointments are only permissible when Congress is in recess for more than three days. Here’s the exchange with Chief Justice John Roberts:


    CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

    MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions –

    CHIEF JUSTICE ROBERTS: Thank you, counsel.
    Unprecedented
    The "3 day rule" was part of the established checks-and-balances. But as Obama is so inept politically, he resorts to such as the Kornhusker Kickback, Florida Flim-Flam, Louisiana Purchase .............. and we have the much maligned and unwanted Obamacare. How's that joint-session "pass this JOBS bill" going ? This guy can't even hold a candle to Bill Clinton's dick.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by upsideguy View Post
    Spare us your disingenuous-ness..... unless, of course, you can document your equivalent outrage over the John Bolton's appointment to the UN, which was also a recess appointment. Sorry, but the Republican's played games with this appointment and Obama has joined into that game with his move.
    Spare me your being ignorant as to process. Bolton was not appointed in contradiction to standard recess protocols.

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