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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
    OK, researched it; interesting too.

    The Senate can do absolutely nothing to remove a recess appointee during that session of Congress
    Not correct. They will always have the power to remove via impeachment.

    The primary point I was making is recess appointments are powers vested in the president, but they are not granted the same length of duty as appointments approved in session, hence no power grab doing a recess appointment.

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by jackalope View Post
    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 ...
    sadly, this is the government we deserve

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

    Quote Originally Posted by jackalope View Post
    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.
    Here's the key. There was NO pro-forma session that day.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by danarhea View Post
    Here's the key. There was NO pro-forma session that day.
    I think there was, dan. They're gaveling in and out every three days, or something like that.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Its very simple: the GOP is playing games to prevent recess appointments.

    Obama simply played a better hand, and now the GOP is crying cause they lost the game.

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

    Quote Originally Posted by Thunder View Post
    Its very simple: the GOP is playing games to prevent recess appointments.

    Obama simply played a better hand, and now the GOP is crying cause they lost the game.

    Yes, picking a fight with Congress when they're at historical low approval levels is kinda a win win situation for him. And the fact that it's a fight over obstruction makes it even better, from Obama's pov, I'd think.
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    Re: Obama defies Congress with ‘recess’ picks

    here is the best take i have found on the matter of recess appointments:
    http://www.senate.gov/CRSReports/crs...B%20P%20%20%0A

    it would seem harry reid initiated a process to impair bush's opportunity to effect recess appointments which the republicans have now turned against Obama
    will be interesting how this will play our. my speculation is that Obama is going to have to ask for forgiveness instead of permission
    his recess appointments may very possibly be found unConstitutional
    we are negotiating about dividing a pizza and in the meantime israel is eating it
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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Imnukingfutz View Post
    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.

    Congressional Action
    CRS-13

    Very detailed report to Congress on this very issue.

    "Republicans had attempted to block the president from installing nominees they opposed over the long break by holding “pro forma” sessions over the holidays, in which members of both chambers — usually those who live in states close to the Capitol — gavel in for minutes or even seconds before gaveling out to try to meet the definition of holding a Congressional meeting. Senate Democrats had taken similar steps to block President George W. Bush from making what are known as recess appointments, which can last up to two years. Until Wednesday, the tactic had prevented two administrations from putting their choices in place without Senate confirmation.

    The action by Mr. Obama immediately sparked questions of what constitutes an actual Congressional recess, the legality of Mr. Obama’s move and the future of the Congressional confirmation process."


    http://www.nytimes.com/2012/01/05/us...pointment.html





    Think the bigger issue is getting missed on this particular Obama appointment. The "pro forma" sessions have been recognized by both parties as constituting a valid active Senate session. So the current outstanding question is whether or not the senate was legally in recess when Obama made the recess appointment.

    Likilhood is that a court will need to resolve the final conclusion...


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

    Quote Originally Posted by Thunder View Post
    Its very simple: the GOP is playing games to prevent recess appointments.
    disagree
    the republicans are playing the same game begun by one harry ass reid, senate leader

    Obama simply played a better hand, and now the GOP is crying cause they lost the game.
    Obama will have to use his superior knowledge of the Constitution to defend his actions; i centainly cannot see where the legitimate bases for these "recess" appointments exist
    here is what i have read to come up with my lay determination:
    http://www.senate.gov/CRSReports/crs...B%20P%20%20%0A
    we are negotiating about dividing a pizza and in the meantime israel is eating it
    once you're over the hill you begin to pick up speed

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    Re: Obama defies Congress with ‘recess’ picks

    Quote Originally Posted by Cole View Post
    Think the bigger issue is getting missed on this particular Obama appointment. The "pro forma" sessions have been recognized by both parties as constituting a valid active Senate session. So the current outstanding question is whether or not the senate was legally in recess when Obama made the recess appointment.
    And the even bigger issue is why the Senate can't just take a damn vote on appointees instead of either opposing everyone Obama sends over (this is his second try with the consumer agency) or putting holds on nominees as bargaining chips on sometimes completely unrelated issues. If the Senate would at least hold votes, let alone actually confirm some of these people, the president wouldn't have to do all this recess appointing stuff just to keep the government functioning.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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