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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 Eighty Deuce View Post
    And we also know that the current day "Recess Appointment" is a game. And we know that Reid played the game 4 years ago. And that Obama's solicitor generals's office argued to same game to SCOTUS. All linked earlier in the thread.

    So the question is ... why do you ignore the rules of the game, and now give Obama a pass to go nuclear ? You are endorsing the erosion of the Republic, and of principle, for cheap political gain.
    In my opinion the rules of the game should be followed. But Republicans were not following the rules. They have been abusing the ever living **** out of the filibuster rule for five years, and in this case they completely abused the advice and consent rule by admittedly using it to try to force a change in existing law, as opposed to the legitimate purpose of vetting the candidate. So when you throw out the rule book, don't whine like a ****in baby when your opponent doesn't follow the rules either. Clear enough?

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

    Quote Originally Posted by AdamT View Post
    Yep, exactly like that. The difference is that Obama had the balls to call Republicans on it. Finally.

    Then your boy has a problem with this part of the Constitution....

    Section 5:
    Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

    Transcript of the Constitution of the United States - Official Text
    Now you can show us when Boehner gave permission to recess.

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

    Quote Originally Posted by AdamT View Post
    In my opinion the rules of the game should be followed. But Republicans were not following the rules. They have been abusing the ever living **** out of the filibuster rule for five years, and in this case they completely abused the advice and consent rule by admittedly using it to try to force a change in existing law, as opposed to the legitimate purpose of vetting the candidate. So when you throw out the rule book, don't whine like a ****in baby when your opponent doesn't follow the rules either. Clear enough?
    Again, what do you not understand about politics ? About rules put in place, or enabled, by our very Founders, so as to compel compromise, and avoid what Madison and Jefferson and others referred to as "the tyranny of the majority". Do you even understand the difference between a "Democracy", which we are not, and a "Democratic Republic", which we are ? It is a great study, with many volumes at your disposal to read. I suggest you start now. I am not tring to be a smartass, but you are making absurd and near-sighted arguments.

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

    Quote Originally Posted by AdamT View Post
    In my opinion the rules of the game should be followed. But Republicans were not following the rules. They have been abusing the ever living **** out of the filibuster rule for five years, and in this case they completely abused the advice and consent rule by admittedly using it to try to force a change in existing law, as opposed to the legitimate purpose of vetting the candidate. So when you throw out the rule book, don't whine like a ****in baby when your opponent doesn't follow the rules either. Clear enough?
    Just to be clear. I do not whine. But you do need a diaper change.

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

    Quote Originally Posted by j-mac View Post
    Then your boy has a problem with this part of the Constitution....

    Section 5:

    Now you can show us when Boehner gave permission to recess.

    j-mac
    Again, we all understand that Boner was gaming the rules to try to prevent recess appointments. The fact that Congress did recess, with no objection from Boner, implies that he gave permission. Where was he while all this happened, btw?

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

    Quote Originally Posted by AdamT View Post
    Again, we all understand that Boner was gaming the rules to try to prevent recess appointments. The fact that Congress did recess, with no objection from Boner, implies that he gave permission. Where was he while all this happened, btw?
    You do not see what you are doing. You are deciding that there are scenarios where the rules apply, and then scenarios where the rules can be ignored, all based on your analyisis of what has merit, and what does not.

    How long do you think that game will be played ? It is a fail before it starts. The rules are the rules. We are a nation of laws, not men. Obama is a cheap two-bit hack. That's it. But libs cannot admit that even when it walks like a duck, and looks like a duck, and talks like a duck, its a ****ing duck !!

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

    The bottom line is that Obama has manned up over the past couple months. He's done trying to compromise with the scorched earth Republican Tea Party. From here on out I think you can expect that when the GOP does something to intentionally try to harm the country, and it is within President Obama's power to stop them, he's going to stop them no matter how much they cry about it. He stopped Boehner from imposing his tax increase on working people and now he's stopping them from sabotaging the functioning of the federal government by blocking all the key nominees. I think you can expect more of the same going forward. He tried for years to get them to work together with the Democrats and form bi-partisan compromises, but the GOP told the Democrats to go screw themselves every single time and did a lot of damage to the country in the process. That's over. From here on out, if the GOP want a war, they get a war.

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

    Quote Originally Posted by Eighty Deuce View Post
    Again, what do you not understand about politics ? About rules put in place, or enabled, by our very Founders, so as to compel compromise, and avoid what Madison and Jefferson and others referred to as "the tyranny of the majority". Do you even understand the difference between a "Democracy", which we are not, and a "Democratic Republic", which we are ? It is a great study, with many volumes at your disposal to read. I suggest you start now. I am not tring to be a smartass, but you are making absurd and near-sighted arguments.
    You do realize that the Founding Fathers didn't write the filibuster rule, right? There is nothing in the Constitution allowing the minorty party to block legislation via a filibuster. Nothing at all.

    Let's have a look at what the Constitution actually says about advice and consent.

    Article 2, Section 2:

    ...

    [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
    Interesting. So two thirds of Senators are necessar to approve treaties, but NOT to approve "other Officers of the United States". Other officers, according to the Constitution, can be approved by a simple majority. So the filibuster of an appointment is a Congress-made rule -- not a Founder-made rule. And I would say that, once it's clear that Congress has no intention of performing its advise and consent function -- has thrown out the rule book -- the President should not be bound by Congress' rule.

    Of course that's not what happened here. In this case the President simply refused to give credence to the Republicans' ruse that they were not in recess, when for all practical purposes there were in recess.
    Last edited by AdamT; 01-06-12 at 12:31 AM.

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

    Quote Originally Posted by AdamT View Post
    You do realize that the Founding Fathers didn't write the filibuster rule, right? There is nothing in the Constitution allowing the minorty party to block legislation via a filibuster. Nothing at all.

    Let's have a look at what the Constitution actually says about advice and consent.

    Interesting. So two thirds of Senators are necessar to approve treaties, but NOT to approve "other Officers of the United States". Other officers, according to the Constitution, can be approved by a simple majority. So the filibuster of an appointment is a Congress-made rule -- not a Founder-made rule. And I would say that, once it's clear that Congress has no intention of performing its advise and consent function -- has thrown out the rule book -- the President should not be bound by Congress' rule.

    Of course that's not what happened here. In this case the President simply refused to give credence to the Republicans' ruse that they were not in recess, when for all practical purposes there were in recess.
    Look, the Founders wrote that the Congress can make its own procedural rules. So they did. And Congress can vote to change them. They have before, and likely will again. But you do not just blow them up when you do not like them. Especially when another branch, the Executive, decides to blow up the Legislative.

    Just IMMHO. There are real troubles that are possible once we decide that rules are to be ignored at our convenience. Especially when done by the rule-maker, and supposed rule-abider, in charge.

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

    Quote Originally Posted by Eighty Deuce View Post
    Look, the Founders wrote that the Congress can make its own procedural rules. So they did. And Congress can vote to change them. They have before, and likely will again. But you do not just blow them up when you do not like them. Especially when another branch, the Executive, decides to blow up the Legislative.

    Just IMMHO. There are real troubles that are possible once we decide that rules are to be ignored at our convenience. Especially when done by the rule-maker, and supposed rule-abider, in charge.
    I agree. Unfortunately Republicans started jacking with the rules 2006 and they haven't stopped yet. If they had real questions about Obama's appointment I would be the first to cry foul. They should have the right to question him. But, again, they don't have a problem with the nominee. They have a problem with the law that was passed and they were trying to circumvent the advice and consent process to get a second bite at that apple. It's like trying to rob a store and complaining when the owner shoots you with an unregistered handgun. I can't get too worked up about the handgun.

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