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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 misterman View Post
    What rule did he break exactly?

    If you can't tell us, then you're breaking the rule against saying things that aren't true.
    use of military force in Libya

    On Legislative authority (Article I, Section VIII, Clause XI-XVI):

    "The Congress shall have Power...To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

    To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

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

    Quote Originally Posted by Thunder View Post
    there is only one Constitutional way to oppose the creation of a new agency, and that is to vote it out of existence. if you don't have the votes, you're **** out of luck.

    using the appointment process to offset their lack of votes, is an abuse of power & the Constitution. The GOP has some ****ing nerve accusing Obama of anything.
    Quote Originally Posted by iliveonramen View Post
    The bill passed the freaking Legislative branch. Please show me where appointing someone to a position that was created via the legislative process is executive over reach!
    Folks, the actions by Senate Republicans, and the 3-day gavel, was within the rules and the process. Dodd Frank was passed by a Democrat super-majority in the summer of 2010. Then the voters chimed in in Nov 2010, did they not ? So the new political lay of the land has the power to do what it wants, within the rules, and at the behest of those who voted them in. What is valid in politics folks is all that the rules allow.

    Further, when passed, Dodd Frank specifically states that the Director will be confirmed by the Senate. It does not say that it can be a Recess Appointment, if the President so chooses. It goes out of its way to state that the Director must be confirmed by the Senate.

    What you get from this folks is a further power grab by the Executive. An erosion of our system. What goes around comes around, and we are no better for it when its a further breakdown of our process.
    Last edited by Eighty Deuce; 01-05-12 at 12:38 PM.

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

    Quote Originally Posted by Samhain View Post
    And that's the way its been done for years. If you have a problem with the current Senate doing pro-forma sessions, perhaps you should complain to the Senator Reed, ya know, the majority leader.
    Ahh so you do support parlor tricks. Just because noone other than Obama has called the senate out on this ridiculousness doesn't make this so called "in session" parlor tricks correct, right, or legal.

    It's being challenged and I think rightfully so.

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

    Quote Originally Posted by Samhain View Post
    And that's the way its been done for years. If you have a problem with the current Senate doing pro-forma sessions, perhaps you should complain to the Senator Reed, ya know, the majority leader.
    Well that's what happens when you tear up the rule book and stop doing things the way they've been done for years. After a while the other side is going to wake and up say, "**** this, we can play that game too."

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

    Quote Originally Posted by iliveonramen View Post
    I'm not complaining, the appointments happened. You're the one complaining.
    I'm not complaining one bit. The next President gets to use and abuse this option now. Its all good.

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

    Quote Originally Posted by Eighty Deuce View Post
    What you get from this folks is a further power grab by the Executive. An erosion of our system. What goes around comes around, and we are no better for it when its a further breakdown of our process.
    No, what we get from you is you consider one guy, a gavel, and 40 seconds in session. Puuuuuhlease.

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

    Quote Originally Posted by TheNextEra View Post
    No, what we get from you is you consider one guy, a gavel, and 40 seconds in session. Puuuuuhlease.
    What I get is the process, established and honored by both sides, to include George Bush with Harry Reid just a few years ago, that at times mandates the Executive and the Legislative to have to work together. That lets a "gimmick" by one side to be nullified by a "gimmick" by the other, and compel the two sides to actually find a compromise.

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

    Quote Originally Posted by Eighty Deuce View Post
    What I get is the process, established and honored by both sides, to include George Bush with Harry Reid just a few years ago, that at times mandates the Executive and the Legislative to have to work together. That lets a "gimmick" by one side to be nullified by a "gimmick" by the other, and compel the two sides to actually find a compromise.
    And what compromise is the other side (the GOP) willing to undertake besides an all out abolishing of the department that Obama is trying to appoint a director to? That's the problem, YOUR SIDE has already said it is NOT going to compromise or work together with Obama.

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

    Folks, the actions by Senate Republicans, and the 3-day gavel, was within the rules and the process. Dodd Frank was passed by a Democrat super-majority in the summer of 2010. Then the voters chimed in in Nov 2010, did they not ? So the new political lay of the land has the power to do what it wants, within the rules, and at the behest of those who voted them in. What is valid in politics folks is all that the rules allow.
    Then change the bill via the legislative process. Problem solved right?
    Further, when passed, Dodd Frank specifically states that the Director will be confirmed by the Senate. It does not say that it can be a Recess Appointment, if the President so chooses. It goes out of its way to state that the Director must be confirmed by the Senate.
    Who ever told you that is an idiot and lied to you...here's the language.

    (a) IN GENERAL.—The Secretary is authorized to perform the functions of the Bureau under this subtitle until the Director of the Bureau is confirmed by the Senate in accordance with section 1011.

    What is section 1011?

    SEC. 1011. ESTABLISHMENT OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION….

    (b) DIRECTOR AND DEPUTY DIRECTOR.—
    (1) IN GENERAL.—There is established the position of the Director, who shall serve as the head of the Bureau.
    (2) APPOINTMENT.—Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate


    You know...basically the same langauge in any bill that requires a confirmation.

    What you get from this folks is a further power grab by the Executive. An erosion of our system. What goes around comes around, and we are no better for it when its a further breakdown of our process.
    Yes, by using a recess appointment to a legislatively created position. Such over reach! The Republic is in jeopardy! Maybe you guys can take the US on the brink of default again in order to revers this atrocity!
    “Capitalism is the astounding belief that the most wickedest of men will do the most wickedest of things for the greatest good of everyone.” John Maynard Keynes

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

    Yawn, This President has made less recess appointments than any other in modern history. It's just another attempt to discriminate against Obama because he is black.


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