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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 Eighty Deuce View Post
    That it "makes no difference" ... can you show us that in the Constitution ? In the "Advise and Consent" protocols ? Does the Senate have a right, and obligation, to background check folks in performing their Constitutional role ?

    I will have my hip waders on awaiting your reply.
    Yes, they have that right and obligation, and they waived the right and defaulted on their obligation when they refused to carry it out. That's why we have recess appointments.

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

    Quote Originally Posted by Thunder View Post
    oh, so you're ok with pro forma sessions to make it appear that Congress is NEVER in recess all year long, so as to prevent any recess appointments by POTUS?
    I am as tired of the political games on both sides as I am of the folks on this site who blindly applaud when their side does something and demonizes whatever the other side does. It seems to me that it is the lemmings that allow politics as usual.

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

    Quote Originally Posted by washunut View Post
    I am as tired of the political games on both sides as I am of the folks on this site who blindly applaud when their side does something and demonizes whatever the other side does. It seems to me that it is the lemmings that allow politics as usual.
    Well, at least your post is half truthful. The fact is that when President George Bush faced the same legal maneuver by Harry Reid in 2007 (and endorsed by then Senator Obama) with the appointment of Bradbury to Asst Atty Gen, Bush honored the Constitution. He did not make the pro-forma appointment. You can claim all you want about who you think applauded when, as you do not know, and we cannot document such. But what we can document is that the GOP did not go nuclear. Obama and the Democrats did. That is a fact.

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

    Quote Originally Posted by MaggieD View Post
    I think the whole idea of Congress wasting it's time (months sometimes) holding hearings about filling some position is a waste of their time and our money. Does the Constitution cover these hearings? Probably just "guy rules" to make the game more fun. What CEO doesn't have the power to hire and fire? The axe falls on him if it's a mistake...remember Brownie?
    Agree,Maggie, but when the Senate becomes a bunch of spoiled children who want to take their ball home if they do not get their way,someone has to be the adult.

    Obama was the adult in this case,saying,"OK,if you want to act that way,you are not playing at all!" End of story,start of whining.)

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

    Quote Originally Posted by washunut View Post
    I am as tired of the political games on both sides as I am of the folks on this site who blindly applaud when their side does something and demonizes whatever the other side does. It seems to me that it is the lemmings that allow politics as usual.
    A Newbie here, but am already reaching that opinion)

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

    Quote Originally Posted by AdamT View Post
    Yes, they have that right and obligation, and they waived the right and defaulted on their obligation when they refused to carry it out. That's why we have recess appointments.
    Wrong.

    Their refusal does NOT waive their rights or obligations...unless you can find something in the Constitution that says it does. If you can't, then you are only expressing an opinion that has no basis in fact.
    TANSTAAFL

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

    Quote Originally Posted by MaryAnne View Post
    Agree,Maggie, but when the Senate becomes a bunch of spoiled children who want to take their ball home if they do not get their way,someone has to be the adult.

    Obama was the adult in this case,saying,"OK,if you want to act that way,you are not playing at all!" End of story,start of whining.)
    Quote Originally Posted by MaryAnne View Post
    A Newbie here, but am already reaching that opinion)
    Then maybe you can explain a few things to us who see this as a violation on several levels:

    1) Dodd-Frank (HR 4173) passed 60-39. Point being, it needed three GOP Senators to pass (Brown, Collins, Snowe). Here is a blurb explaining exactly what it is they agreed to:

    .... More importantly the “recess” appointment of Cordray doesn’t solve the President’s problem. The Dodd-Frank Act is very clear, even a law professor can probably understand this section, that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”. A recess appointment is not a Senate confirmation ......

    more: Doubling down: Obama follows Cordray recess appointment with three more to NLRB « Hot Air
    This is a specific clause of the Statute as voted. The Senate specifically reserved for itself authority above and beyond the usual appointment process, and Obama signed it. Forgetting the Constitutional issue of "advise and consent", and pro-forma recess, the statute itself has been usurped, in a power grab by the Executive that violates the Statute as voted and signed.

    Is this a legitimate point of contention by those of us who disagree with the President's actions ?

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    Quote Originally Posted by Thunder View Post
    please show in the Constitution where it says the Senate is in session even if they don't have a quorum.

    It says they MUST have 51% to do business. If you can't do business, then the Senate isn't really in session.

    without 51 members, they can't vote on nominees or even filibuster them, thereby making a Recess appointment legal.
    Ok, let me try one more time, the senate is allowed to set their own rules according to article 1 section 5 of the constitution. The current senate rule under a demo majority is that 1. Pro forma sessions are not recesses, and 2. That 60 votes are needed to move an appointee forward.

    Also in the constitution it is clear that either house, or senate can not adjourn to recess unless the other approves.

    Now, you have danced all around these points repeatedly, and have failed to show where the senate was in constitutional recess for Obama to do what he did. In fact, your only excuse seems to be that Obama can do what he wants in this regard because it is just too hard to work with repubs.

    Winning an election doesn't mean that Obama can just decide he is going to do whatever he wants if he can't get his way. If that were the case then why even have the three branches? Why not just declare Obama supreme leader and be done with the whole shooting match all together. That's the direction he seems to want anyway.

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

    Quote Originally Posted by MaryAnne View Post
    Agree,Maggie, but when the Senate becomes a bunch of spoiled children who want to take their ball home if they do not get their way,someone has to be the adult.

    Obama was the adult in this case,saying,"OK,if you want to act that way,you are not playing at all!" End of story,start of whining.)
    Off topic, but I wanted to say welcome to the board! Don't give up on us yet. We do have partisans, but there are also a ton of intelligent people of nearly all various leans. You just have to do a little sifting to get some great insights.
    Omniscience just sucks without omnipotence!

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

    I expect the next President to use and abuse the new precedent.

    Appointments no longer need to be listed by the White House, can be appointed at anytime there isn't a human body in the Senate, and all the President needs to say is "I felt that they weren't going to accept anyone".

    Its all good.
    Last edited by Samhain; 01-07-12 at 02:33 PM.

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