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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

    Quote Originally Posted by Imnukingfutz View Post
    jackalope is correct. Congressional approved nominations are for the full term of the appointment, recess appointments are only good until the end of that Congressional session.

    I do believe there is a process that Congress can use to remove the recess appointee. Im still researching that.

    Maybe impeachment? It'd have to be a high bar, for cause, rather than just 'cause they don't like it, I'd think.
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by ARealConservative View Post
    the recess appointment position is automatically vacated if they don't approve it by the end of the session, but I believe they can vote to reject at any time during the session.

    It is not automatically vacated, the Constitutionally specified length of term for the recess appt expires. And no, you are not correct, they may not vote to reject a recess appt at any time during the session.
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Imnukingfutz View Post
    They can filabuster the vote and delay it, but they can not stop it. All Harry Reid has to do is call the vote, the Repubs can only hold the floor for so long until the vote comes up.
    No, filibusters can and do stop them. Unless they can successfully overcome a filibuster, there is no up or down vote.
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    Re: Obama defies Congress with ‘recess’ picks

    ok, I am wrong. the senate has no ability to eliminate the appointment, only to refuse to allow them to stay on beyond the current session.

    the real problem with this activity though, is the senate is not in recess, which makes the activity taken by the president to be illegal.

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

    Quote Originally Posted by iliveonramen View Post
    Bad economy, low approval ratings, Tea Party support, I don't know but they see their victory last electiong as vindication for their behavior.
    Congress has an approval rating of 9%, is that how low do the Reps. set the bar? They are working for the 9% who approve of their behavior?

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    Re: Obama defies Congress with ‘recess’ picks

    OK, researched it; interesting too.

    The Senate can do absolutely nothing to remove a recess appointee during that session of Congress HOWEVER, Congress can and has refused to pay a recess appointee while he or she is in that position.

    http://www.fas.org/sgp/crs/misc/RL33009.pdf

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    Very detailed report to Congress on this very issue.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by danarhea View Post
    I still don't support Obama, but I can see how Democrats should be ruthless. After all, Republicans have also been ruthless, and they have been ruthless for many years. It's called fighting fire with fire. Scorched earth? Republicans are famous for that, so they are in no position to complain when Democrats do it too. The GOP reaped what it sowed. Does it make it right? No, which is why I support neither major party. It's all BS, and on both sides, but Republicans have no cause to gripe. It was they who started the war, and they should stop being crybabies just because it doesn't sometimes go their way.

    I'm no fan of the GOP, but they kinda do have cause to gripe. Should it come to a court case, I kinda think they'd lose, but the 'pro forma session' of Congress to block recess appts has been used in the past. Interesting that noone ever felt like challenging it before. I find the fight that Obama chose to pick over this fascinating.
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by jackalope View Post
    No, filibusters can and do stop them. Unless they can successfully overcome a filibuster, there is no up or down vote.
    and to overcome it, they force the filibustering side to hold the floor...once the floor is relinquished a vote happens. Granted, a filibuster can last weeks or months but eventually it is broken.
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by ARealConservative View Post
    ok, I am wrong. the senate has no ability to eliminate the appointment, only to refuse to allow them to stay on beyond the current session.

    the real problem with this activity though, is the senate is not in recess, which makes the activity taken by the president to be illegal.

    Your last sentence is the fascinating part to me - does a fake session of Congress really count, in terms of deciding whether or not the Senate is able to confirm appointees? It's a gimmick, absolutely. But, will it hold up under scrutiny? I don't know ...
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Imnukingfutz View Post
    and to overcome it, they force the filibustering side to hold the floor...once the floor is relinquished a vote happens. Granted, a filibuster can last weeks or months but eventually it is broken.

    Actually, no, they do not have to force the filibustering side to hold the floor. That is how it SHOULD work, but it doesn't. There is no longer any such thing as a filibuster like you may have remembered from movies, or from history books. It's all bull****, and it's the reason the Senate is broken.
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