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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
    Why don't you just call me a racist while you are at it ? Kiss my ass, btw. My brother is as gay as a $3 bill. And I have loved him for over 50 years. I have forgotten more about the travails of being gay than you will ever learn.
    The completely undisguised gay slur you posted above puts the lie to your claim. Or maybe you're just drunk or stoned?

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

    Quote Originally Posted by Cole View Post
    <rolls eyes>

    You really have the partisan goggles on for this one. Am not (stupidly) standing up for anything of the such.

    No. Am looking at the whole picture and there is politics being played heartily on both sides of the aisle. Obama and crew have just played a large partisan maneuver which was brilliant, but sort of suspect he (Obama) will get overturned by the courts. Either way Obama is going to likely come out of this smelling like a rose. The structure of this new consumer bureau does have some genuinely questionable elements, but the partisan blind see nothing but "Our team versus Their team'.

    This whole event/issue is a great example of just how ****ed up this country has become. And day by day it is only getting worse.

    Incorrect. What the GOP has done is try a partisan maneuver and Obama called them on it by asserting constitutional authority.

    <shakes head>


    I can't believe that you're calling an assertion of constitutional power a partisan maneuver ....



    The GOP refusing - by way of a partisan block of votes - to confirm ANYONE to a legislatively authorized body is the epitome of a partisan maneuver.

    And yes, you are saying that they had cause to, because they don't like the way the agency is set up.



    What Obama is engaged in is a constitutional battle over authority. That is not a partisan maneuver. It's a maneuver, but it's not partisan.



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

    So, when does the GOP file the court challenge? I'm pretty interested in what will happen about the determination of whether the gimmick is a real recess or not.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Looks like the GOP may be bringing their tantrum to new heights:


    There could be more recess appointments, if not in the coming days, then next month, when Congress is expected to recess over the Washington’s Birthday Day holiday. Some Senate Republicans, furious over the recess appointments, said they would retaliate by not approving any more Obama nominees. But since so many of Mr. Obama’s nominees have been held up anyway, the president may simply continue the precedent he established Wednesday, and use the break in February to appoint another batch of people, administration officials said.

    More recess appointments to come? - The Washington Post


    They are SUCH a bunch of WATBs ....
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by jackalope View Post

    What Obama is engaged in is a constitutional battle over authority. That is not a partisan maneuver. It's a maneuver, but it's not partisan.
    It can be both, and it is.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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

    Two former Bush Justice officials in 2010, saying the pro forma sessions are a sham, and the President should call the Senate on their bluff to usurp Presidential authority:


    Call the Senate's bluff on recess appointments
    By Steven G. Bradbury and John P. Elwood
    Friday, October 15, 2010


    (snip ... )

    In a 1905 report that the Senate still considers authoritative, the Senate Judiciary Committee recognized that a "Recess of the Senate" occurs whenever the Senate is not sitting for the discharge of its functions and when it cannot "participate as a body in making appointments." The committee cautioned that a "recess" means "something actual, not something fictitious." The executive branch has long taken the same common-sense view. In 1921, citing opinions of his predecessors dating back to the Monroe administration, Attorney General Harry M. Daugherty argued that the question "is whether in a practical sense the Senate is in session so that its advice and consent can be obtained. To give the word 'recess' a technical and not a practical construction, is to disregard substance for form."

    The Senate, of course, does not meet as a body during a pro forma session. By the terms of the recess order, no business can be conducted, and the Senate is not capable of acting on the president's nominations. That means the Senate remains in "recess" for purposes of the recess appointment power, despite the empty formalities of the individual senators who wield the gavel in pro forma sessions.

    The president should consider calling the Senate's bluff by exercising his recess appointment power to challenge the use of pro forma sessions. If the Senate persists, then the federal courts may need to resolve the validity of the Senate's gambit.

    The alternative will likely be greater gridlock in Washington. This practice will inevitably become the standard operating procedure, and the recess appointment power could become a virtual dead letter -- undermining what the Founders viewed as an essential tool for the effective functioning of our government.

    --

    The writers are Washington attorneys. From 2005 to 2009, Bradbury headed the Office of Legal Counsel in the Justice Department, and Elwood served as deputy assistant attorney general. Although Bradbury was nominated as assistant attorney general in 2005, his nomination was never voted on by the full Senate. Individual senators put holds on the nomination, and Senate leaders instituted pro forma sessions to prevent a recess appointment.

    Call the Senate's bluff on recess appointments
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by Harshaw View Post
    It can be both, and it is.

    False. What the GOP is doing is a partisan maneuver. What Obama is doing is not.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by jackalope View Post
    Two former Bush Justice officials in 2010, saying the pro forma sessions are a sham, and the President should call the Senate on their bluff to usurp Presidential authority:
    And Harry Reid, 2007:

    On the other side of the argument at that time was Reid, who began holding pro forma sessions in 2007 to block Bush nominees.

    "I had to keep the Senate in pro-forma session to block the Bradbury appointment. That necessarily meant no recess appointments could be made," he said on the Senate floor in 2008, as Democrats blocked a potential recess appointment of Steven Bradbury to be the assistant attorney general for the Justice Department's Office of Legal Counsel in the Bush administration. Bradbury is one of the attorneys cited by the Obama White House in justifying the Cordray move.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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

    Quote Originally Posted by Harshaw View Post
    And Harry Reid, 2007:

    Ayup, Harry Reid did it too. Pres Bush didn't call him on his bluff.
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by jackalope View Post
    False. What the GOP is doing is a partisan maneuver. What Obama is doing is not.
    Uh, no. It is.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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