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

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

    Obama defies Congress with ‘recess’ picks
    Nominations could provoke constitutional fight

    President Obama used his recess appointment powers Wednesday to name a head for the controversial Consumer Financial Protection Bureau and three new members to the National Labor Relations Board — moves Republican lawmakers said amounted to an unconstitutional power grab.
    The president acted just a day after the Senate held a session — breaking with at least three different precedents that said the Senate must be in recess for at least three days for the president to exercise his appointment power. Mr. Obama himself was part of two of those precedents, both during his time in the Senate and again in 2010 when one of his administration’s top constitutional lawyers made the argument for the three-day waiting period to the Supreme Court.

    read more: Obama defies Congress with 'recess' picks - Washington Times
    The Senate has followed the proper protocols. Protocols that Obama's own Justice Department argued for. These protocols compel a President to act with the advice and consent of Congress. Such advice and consent Obama has shunned. Now Obama has taken a further unprecedented step to take power from the Legislative. The community organizer needs to be shown the door.

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

    Quote Originally Posted by Eighty Deuce View Post
    The Senate has followed the proper protocols. Protocols that Obama's own Justice Department argued for. These protocols compel a President to act with the advice and consent of Congress. Such advice and consent Obama has shunned. Now Obama has taken a further unprecedented step to take power from the Legislative. The community organizer needs to be shown the door.
    Yeah, but this agency also needs a director, so until the Senate and the President can come to an agreement, they have someone to serve in that capacity until the compromise can be made.
    Also, we need to legalize recreational drugs and prostitution.

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

    funny, did Obama break any laws by doing this?

    no, no he has not.

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

    Quote Originally Posted by samsmart View Post
    Yeah, but this agency also needs a director, so until the Senate and the President can come to an agreement, they have someone to serve in that capacity until the compromise can be made.
    Actually, that is the point. The GOP wanted more Congressional oversight, with it being run by a Board, rather than a single entity. In any case, it is a valid political concern. And the Congress followed the established procedure, one which Obama himself, and his DoJ, had earlier endorsed.

    I would hope that the GOP declares all actions by that Department as unconstitutional, not in accordance with the Law, and directs all US entities to not recognize actions by either agency. This is what happens when one skirts the Constitution. It is one more sign of hugely inept leadership by the inept moron in the WH.

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

    Quote Originally Posted by Thunder View Post
    funny, did Obama break any laws by doing this?

    no, no he has not.
    That is why they call it a "Constitutional crisis", as the argument is that Obama violated the Constitution. When you own DoJ successfully argues a point, then violates that same argument because it suits the President, we have a big problem.

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

    Quote Originally Posted by Eighty Deuce View Post
    That is why they call it a "Constitutional crisis", as the argument is that Obama violated the Constitution. When you own DoJ successfully argues a point, then violates that same argument because it suits the President, we have a big problem.
    There is no constitutional crisis here. Whether Obama waits 1 day, 3 days or 10 to appoint somebody makes absolutely no difference. Obama broke with tradition, get over it and if you don't like it, write it into the legal framework. Otherwise, much ado about nothing. From your article:

    And there is a precedent for making a recess appointment then. In 1903 President Theodore Roosevelt used the instant one session was gaveled out and another was gaveled in to make a series of appointments. That is known as an “inter-session” appointment.

    But Mr. Obama did not follow that route, instead choosing to make what scholars call an “intra-session” appointment, where the Constitution is far more vague.
    In other words, Obama used the very ambiguity of the Constitution to his advantage.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

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

    Quote Originally Posted by Hatuey View Post
    There is no constitutional crisis here. Whether Obama waits 1 day, 3 days or 10 to appoint somebody makes absolutely no difference. Obama broke with tradition, get over it and if you don't like it, write it into the legal framework. Otherwise, much ado about nothing. From your article:



    In other words, Obama used the very ambiguity of the Constitution to his advantage.
    Except that he had himself argued otherwise, and had his own DoJ argue to SCOTUS otherwise. What you call an "ambiguity" at this level is a Constitutional crisis if the GOP wants to make it one. Obama had an absolute obligation to work with Congress. That is the law. Instead of withdrawing his appointment earlier, or negotiating the requested changes, he chose to violate protocols which had been set up to avoid these ambiguities. Obama was waiting for a "recess appointment" opportunity, which is a misuse of the intent of the Constitution to begin with. And the GOP denied a recess. All of that is/was within everyone's interpretation of the Constitution. Now the GOP is faced with breaking with protocols as well, so that we just log-jam everything. That is not effective leadership, but as Obama is not a leader, it would seem it is to be expected.

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

    Recess appointments are only valid for around 9 months, I believe. Its not like Obama or any other President who uses this power, is totally circumventing the Legislative branch.

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

    Bush makes recess appointments, no problem. Obama makes recess appointments, it's a constitutional crisis. For gods sake people, whether something is right or wrong is not determined by who did it.
    We became a great nation not because we are a nation of cynics. We became a great nation because we are a nation of believers - Lindsey Graham

    Quote Originally Posted by Fiddytree View Post
    Uh oh Megyn...your vagina witchcraft is about ready to be exposed.

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

    Quote Originally Posted by Redress View Post
    Bush makes recess appointments, no problem. Obama makes recess appointments, it's a constitutional crisis. For gods sake people, whether something is right or wrong is not determined by who did it.
    don't you get it? when Conservative Republicans do things...its good.

    when Liberal Democrats do it...its bad. No matter what the thing is.


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