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Thread: Supreme Court rules against Obama over appointment power[W:74:88]

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    Re: Supreme Court rules against Obama over appointment power

    Have Obama or any of his staff weighed in on this yet?

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by jmotivator View Post
    No, it isn't a matter of "gaming the system". Obama declared that Congress was in recess even though it wasn't. That is violating the system, not gaming it.
    See post #79.

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by ecofarm View Post
    I think the issue is bigger than Obama, but I will not discuss such further as that's not the topic.
    You seem to have a problem with what is on topic. This topic is about the actions of Obama, and the SCOTUS determination that it was unconstitutional.

    You have tried to shoehorn in a bogus comparison so that you don't have to discuss the actual topic and refuse to discuss the actual topic if you aren't allowed to make bogus comparisons.
    Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by jmotivator View Post
    You seem to have a problem with what is on topic. This topic is about the actions of Obama, and the SCOTUS determination that it was unconstitutional.

    You have tried to shoehorn in a bogus comparison so that you don't have to discuss the actual topic and refuse to discuss the actual topic if you aren't allowed to make bogus comparisons.
    See post #79.

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by 1750Texan View Post
    Just to be clear the court did not make recess appointments today unconstitutional, the court said that the Congress was not in recess when Obama made the appointments.
    Correct, no clarification needed recess appointments are consitutional, its just that Congress and Congress alone is the sole entity that can declare itself in "recess".

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by ecofarm View Post
    FLASHBACK: Bush Recess Appointed 7 of 9 NLRB Members

    Source is probably crap, but it documents whom Bush appointed and how the standard procedure was circumvented in most of his 7/9 recess appointments.



    During Bush's appointees, did congress use a horse and carriage or a train?
    Pay attention to the facts. Pres. Bush didn't decide that the Senate was in recess, the Senate did. What Pres. Obama did was to decide that the Senate was in recess, something that he is not allowed to do.
    Our nation has not always lived up to its ideals, yet those ideals have never ceased to guide us. They expose our flaws, and lead us to mend them. We are the beneficiaries of the work of the generations before us and it is each generation's responsibility to continue that work. - Laura Bush

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by LowDown View Post
    The Senate has absolute authority over its own business. If they choose to remain in session to block the President then that is their prerogative. Advise and consent means that the Senate can obstruct appointments. The President does not have the authority to rule parts of the Constitution "technicalities" and unilaterally dispense with them. That would be highly illegal, a matter for impeachment in fact. But that's what he did in this case.
    The problem obviously is the reason for the recess appointments is the GOP was blocking a vote that would clearly result in those folks being confirmed. Their job, as you describe, is to advise and consent, which requires a vote, and a minority of the Senate was effectively neutering an entire agency by preventing it from having the quorum necessary to conduct any official business. It was an abuse of power. The safety valve of this kind of Senate obstructionism was the recess appointment, but the GOP took that away by preventing any recess.

    Something will have to give, because we can't run a country when 41 Senators can unilaterally prevent votes on ANY nominee, forever, so long as they can round up 41 votes, and therefore bring business in the affected agency to a halt. Maybe the idea is to force the next Senate into the nuclear option, and doing away with filibusters of all nominees. I think that's a shame, actually, because when used in a responsible manner it serves as a useful check on the opposing party. But when it's used for anyone the POTUS submits for approval, the system just has to change. The advise and consent function wasn't intended to give 41 Senators the right to overrule the judgment of the 59, which is why those votes only require a majority.

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    Re: Supreme Court rules against Obama over appointment power

    Moderator's Warning:
    Supreme Court rules against Obama over appointment power[W:74:88]In case the rest of you missed it...that warning in Post# 74 includes everyone else also. All warnings, even directed ones such as what happened in post# 74 applies to everyone else also. So keep this in mind. This is the last warning I will give on this before starting to boot people for violating it.
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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by tres borrachos View Post
    Have Obama or any of his staff weighed in on this yet?
    The replacement for jay carney said they are studying it. What I want to know is what this ruling does to all the FLRB made while these illegal members were apart of it. You hear anything?
    This Reform Party member thinks it is high past time that we start electing Americans to congress and the presidency who put America first and their political party further down the line. But for way too long we have been electing Republicans and Democrats who happen to be Americans instead of Americans who happen to be Republicans and Democrats.

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    Re: Supreme Court rules against Obama over appointment power

    Quote Originally Posted by Deuce View Post
    Yes, and the president picked this fight because their being "in session" was a sham, and everybody knows it. I expected this outcome, but it was an issue that needed to be settled. Now we know: congress gets to pretend to be in session expressly to block a specific presidential power outlined in the constitution. The technicality matters more than the intention.
    The solution is to FIX THE PROBLEM, not create another problem. If the President felt that this situation needed to be addressed, then he should have stepped up to the plate and pushed the issue in a LEGAL manner. That's what leaders do, they solve problems instead of just creating another problem and expecting someone else to step in and fix the situation. Had he gone to the SCOTUS and asked them to address the legality of the "gavel" sessions, you'd have a valid argument, but he didn't. All he did was to create another problem and then pass the buck.
    Our nation has not always lived up to its ideals, yet those ideals have never ceased to guide us. They expose our flaws, and lead us to mend them. We are the beneficiaries of the work of the generations before us and it is each generation's responsibility to continue that work. - Laura Bush

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