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Thread: High Court Rebukes President Obama on Recess Appointments

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    Re: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Jack Hays View Post
    On the contrary, the SCOTUS was unanimous in deciding the Senate makes its own rules, and said that in their ruling.
    Like I said, they chose not to wade into what the definition of a Senate session should be. Allowing the Legislature to eliminate Constitutionally granted powers without a Constitutional Amendment is a mistake.

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    Re: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Napoleon View Post
    There were legitimate legal questions concerning the Senate's conduct that the Supreme Court didn't consider. It is not credible for the Senate to claim that a single legislator banging a gavel for 30 seconds before an empty chamber constitutes a session. But, they didn't want to wade into what the definition of a Senate session should be so they chose to allow the Senate to strip the Executive Branch of a power granted to it in the Constitution.
    No, the constitution gives the president the power to make recess appointments. The constitution also gives the house and the senate the power to make their own rules and if one of their rules say the senate is in session by one senators pounding a gavel twice, then it is in session per the constitution.

    No one doubts that the Republicans did this just to prevent recess appointments. But since Reid used the nuclear option, President Obama can just re-appoint them with no fuss, all constitutional wise. Now if I was President Obama, I would re-appointment them today and let the senate work its magic because there is a 50-50 chance come 20 Jan 2015, the senate may be in Republican hands.
    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: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Perotista View Post
    No, the constitution gives the president the power to make recess appointments. The constitution also gives the house and the senate the power to make their own rules and if one of their rules say the senate is in session by one senators pounding a gavel twice, then it is in session per the constitution.
    It is a mistake to allow the Legislature to eliminate powers granted to the Executive by the Constitution through the use of parliamentary smoke and mirrors instead of a Constitutional Amendment. Its the Legislature run amok.

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    Re: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Napoleon View Post
    Like I said, they chose not to wade into what the definition of a Senate session should be. Allowing the Legislature to eliminate Constitutionally granted powers without a Constitutional Amendment is a mistake.
    as opposed to say congress granting itself powers without a constitutional amendment? like say the NEW DEAL?



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    Re: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Napoleon View Post
    Like I said, they chose not to wade into what the definition of a Senate session should be. Allowing the Legislature to eliminate Constitutionally granted powers without a Constitutional Amendment is a mistake.
    The Constitution gives the Senate the right to make its own rules. That's why the decision was unanimous.
    "It's always reassuring to find you've made the right enemies." -- William J. Donovan

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    Re: High Court Rebukes President Obama on Recess Appointments

    Quote Originally Posted by Napoleon View Post
    It is a mistake to allow the Legislature to eliminate powers granted to the Executive by the Constitution through the use of parliamentary smoke and mirrors instead of a Constitutional Amendment. Its the Legislature run amok.
    The way I look at it, who is the best one to say whether or not the senate is in session. The senate or the president? Which one knows the rules of the senate better, the senate or the president? When there is a recess, a formal recess the president still can make all the recess appointment his little heart desires. President Obama is the first president to challenge this quickie gavel session or pro forma sessions.

    Actually I think it was senator Harry Reid who started the pro forma session to block bush appointment. I did find this article about it:

    Reid backs Obama after using pro forma sessions to block Bush | TheHill

    and this one which in it states:

    The Supreme Court casts doubt on claims that allowing the pro-forma session gambit — which Democrats invented to use against President George W. Bush, and Republicans are now using against President Obama — will alter the balance of power between the branches.

    http://www.nytimes.com/interactive/2...sion.html?_r=0

    So right, wrong or indifferent, the pro forma sessions have been now used by both political parties to stop the recess appointments of the other political party. What is good for the goose is good for the gander.
    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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