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Thread: Court: Obama Appointments are UNCONSTITUTIONAL.....

  1. #51
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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by tererun View Post
    Presently the republicans in congress are voluntarily dysfunctional.
    Almost as bad as the Dems in the senate, eh?
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Unitedwestand13 View Post
    The problem is not the rules themselves, it is how the rules have been abused. How can you have a functional government when many important positions have not been filled because the candidates for these positions are not even given a hearing or a up or down vote?
    The problem - and the solution - lies with those who put Harry Reid in charge of the Senate.
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
    - Abraham Lincoln

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by ChezC3 View Post
    3 years?!?!?!? You know how much damage these politicians can do in 3 years????
    We do now.
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
    - Abraham Lincoln

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Objective Voice View Post
    As to the issue at hand concerning the President's recess appointments, I think folks should also read this segment from the OP article:



    Simply put: If prior federal appeals courts have upheld these same types of pro forma recess appointment by sitting Presidents in the past, there's no way the SCOUS will uphold the lower court's ruling because the precidence for such Presidential appoints has long been established.

    Although I did find other articles and/or white papers that addressed the parameters of Presidential recess appointments conducted in the past, I thought this article summarized the issue much clearer, "President's Power to Recess Appoint". What's in question is simply this: "Do pro forma recesses constitute an break from Congress conducting their normal day-to-day business or is it merely a mechanism used by the minority party in Congress to block Presidential recess appointments much as the filibuster is used to block passage of Senate legislation?"

    In short, if all you're doing is taking attendance, reading some letter from grandma before the Senate President Pro Tempe or just gavelling in to chew the fat then gavel out to leave after a 5 minute water cooler chat, do such brief interactions by members of Congress constitute Congress as being in full recess per the Constitution, which reads:

    Art. II, Sect. 2:



    Notice that there's nothing in this section of the Constitution that sets a limit on how long Congress must be in recess before the President can make his recess appointment. However, here's what Art. I, Sect. 5 says on the matter of Congressional recesses and adjournments:

    Clause 1:

    Clause 4:

    Doesn't say that the Congress must be adjourned (or in recess) for no less than 3-days before a recess appointment can be made; just that no House of Congress - House of Reps or the Senate - can adjourn for more than 3 days without the consent of the other.

    In my view, the President's recess appointments are Constitutional. Once the Senate "gavels out", they're no longer in session and, therefore, ARE in recess even if only for a minute.
    As stated in the Constitution, Article Two, Section Two...

    The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

    (emphasis added)

    Meaning the President declared the Senate to be in recess when it was not. There is only one recess and that occurs every two years when a new Congressional session begins.

    I expect that the Supreme Court will Uphold the decision. Obama sat there and waited then tried to rush in these Appointments for the NLRB.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by Diogenes View Post
    We do now.
    Ha! Indeed. Now just imagine if these buffoons were competent...

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by ChezC3 View Post
    Ha! Indeed. Now just imagine if these buffoons were competent...
    Define competence.
    Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.

    Alexis de Tocqueville

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by j-mac View Post
    Define competence.
    I would define competence as achieving what they set out to do, whether constructive or destructive and whether or not it is what they claimed to be selling. In that respect Obama has been marginally competent in extending the recession, creating more poor people, and dragging the US down toward being a second class nation. If he really intended his administration as he sold it - healing the earth, slowing the rise of the oceans, ad nauseam - he has been miserably incompetent.
    "We the people are the rightful masters of both Congress & the courts, not to overthrow the Constitution, but overthrow the men who pervert the Constitution."
    - Abraham Lincoln

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by j-mac View Post
    Define competence.
    Heh, well it is a subjective determination...

    I would say it could be measured by comparing the end results to the stated intent.

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by ChezC3 View Post
    Heh, well it is a subjective determination...

    I would say it could be measured by comparing the end results to the stated intent.
    Ok, and so by that measure, can you tell me if you think the end results of Rep's v Demo's has been a success so far, concerning these appointments?
    Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.

    Alexis de Tocqueville

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    Re: Court: Obama Appointments are UNCONSTITUTIONAL.....

    Quote Originally Posted by j-mac View Post
    Ok, and so by that measure, can you tell me if you think the end results of Rep's v Demo's has been a success so far, concerning these appointments?
    Well, are we talking competence or are we talking success?

    Further, what was the parameters to which we are suppose to determine competence or success?

    What was the stated goal? To appoint? Well than yes.
    Was the stated goal to appoint following the rules and guidelines of the Constitution? Not sure, but apparently No.

    Of course, I could be taking your meaning completely wrong and you're not asking my opinion on either of these two scenerios but on something completely different.

    Seeing as you've asked me these questions regarding posts of mine which were in the context of light-hearted banter, I'm not sure what you're looking for?

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