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Thread: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee list

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Paschendale View Post
    Wouldn't it be nice if they actually debated and discussed the merits of the appointment, instead of trying to use procedural rules to screw each other over?
    Going to have to agree with Mycroft here, although I sympathisize with aspects of your wish. The basic issue is will the minority in the Senate have any power beyond its ability to vote simple up-or-down on any issue. This has long been an issue, and although it has modified over the years, both sides have always agreed to some level of filibuster. If one is going to have such rules, then one has to honor them at all times.

    One thing that must be acknowledged here is that since this position was created, but prior to it being filled, the voters have said that they want the GOP to have more say in all matters. They did this Nov 2010. The House passed 3 resolutions, listed earlier, that they wanted to negotiate. It was in full accordance with how the original HR 4173 was written, in that the Senate held a specific right to confirm. The Senate GOP told Obama they would take his guy if some changes were made. If not, then that guy was unacceptable.

    Its upfront. Its not only within the Constitutionally authorized Senate rules, but its in the very bill HR-4173.

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Eighty Deuce View Post
    It fell within the 3-day gavel rule.
    Can you cite this rule in the Constitution or Senate rulebook?
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Eighty Deuce View Post
    Well, they followed the exact same process that Reid and Senator Obama advocated and used in 2007. So can you explain that ? Inquiring minds want to understand the hypocrisy that you support.
    Who said I support hypocrisy? Who said I supported using it in 2007?
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by misterman View Post
    Can you cite this rule in the Constitution or Senate rulebook?
    The requirement for the House to grant Recess is already noted. There are earlier links in this, and other threads, where Obama's own Solicitor General argued the 3-day rule as established protocol to SCOTUS. It is imperitive on you to read the thread, not for me or anyone else to continue to put your homework in front of you.


    Hypocrisy is not whether you agree or disagree with the process that was in place. Hypocrisy is Obama supporting the rule before, but not now. All who endorse the flip-flop by the President are supporting hypocrisy.

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Eighty Deuce View Post
    The requirement for the House to grant Recess is already noted. There are earlier links in this, and other threads, where Obama's own Solicitor General argued the 3-day rule as established protocol to SCOTUS.
    Obama's Solicitor General argued this? I missed that.

    Hypocrisy is Obama supporting the rule before, but not now. All who endorse the flip-flop by the President are supporting hypocrisy.
    No it's not. I could believe that Obama had the power to do this before, even if he didn't take advantage of it.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by misterman View Post
    Obama's Solicitor General argued this? I missed that.
    Below is the basis of the claim, with a link. At that link you wil also find more of the argument as to how Obama violated the Constitution.

    And to top this off, Obama’s own Deputy Solicitor General argued in the Supreme Court in 2010 that Obama could not make a recess appointment unless the recess were longer than three days (via Washington Examiner):


    CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?

    MR. KATYAL: The — the recess appointment power can work in — in a recess. I think our office has opined the recess has to be longer than 3 days. And — and so, it is potentially available to avert the future crisis that — that could — that could take place with respect to the board. If there are no other questions –

    CHIEF JUSTICE ROBERTS: Thank you, counsel.
    Why Obama’s “recess” appointments are unconstitutional | The Right Scoop
    No it's not. I could believe that Obama had the power to do this before, even if he didn't take advantage of it.
    It is not an issue of what you thought then, vs. what you think now. It is about Obama and Reid. Their hypocrisy, and those who now support it. You and I vote, but we do not make the rules, much less the law.
    Last edited by Eighty Deuce; 01-08-12 at 02:23 PM.

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Eighty Deuce View Post
    Below is the basis of the claim, with a link.
    Thank you.

    Glad I asked, because that falls short of saying they are unconstitutional. He is making reference to the fact that a previous administration decided 3 days was the limit. That's not the same thing as agreeing with that, just saying that's where things stood.

    I think our office has opined the recess has to be longer than 3 days.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by misterman View Post
    Thank you.

    Glad I asked, because that falls short of saying they are unconstitutional. He is making reference to the fact that a previous administration decided 3 days was the limit. That's not the same thing as agreeing with that, just saying that's where things stood.
    No, he is arguing what the current administration understands the standard to be. All in accordance with the Constitution. I do not think that you understand the law at this level. The Founders enabled the Senate to make its rules. The Solicitor General's Office is a part of the Executive. They are acknowledging that they recognize and understand the current rule. In a court of law, including SCOTUS, the judges look to prior precedent and communications in order to ascertain what the understanding was by both sides of a dispute.

    There it is. And you are about to become a waste of time.
    Last edited by Eighty Deuce; 01-08-12 at 04:41 PM.

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    Quote Originally Posted by Eighty Deuce View Post
    No, he is arguing what the current administration understands the standard to be.
    He said what he said.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

    The intent of the rule was designed to keep the government functioning in an age that pre-dated the telegraph. They realized that some appointments would have to be made without Senate oversight, likely for emergency use, and made the according provisions. The initial power grab was using it as a loophole to avoid "Advise and Consent," the three-day pro forma rule enacted to counter it. And now, apparently, it's ok to brazenly ignore checks and balances.

    I'm moving to the moon as soon as there is a colony. F- this noise.
    "Political speech and writing are largely the defense of the indefensible. . . . Thus political language has to consist largely of euphemism, question-begging and sheer cloudy vagueness."
    ~Orwell, Politics and the English Language

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