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

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

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

MaryAnne said:
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.:eek:)
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MaryAnne said:
A Newbie here, but am already reaching that opinion:eek:)
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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
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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 ?
 
Thunder said:
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.
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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.

J-mac

Sent from my PC36100 using Tapatalk
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

MaryAnne said:
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.:eek:)
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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.
 
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.
 
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Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

Samhain said:
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.
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Exactly. But what is most likely to happen is that a GOP President will respect the Constitution, as Bush did with Reid, while a Democrat will now always go nuclear. We all will suffer in the long run with the latter approach.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

Eighty Deuce said:
Plays a better hand ? LOL ..... when you play as this in a real poker game in the Wild Wild West, you get shot for cheating.

The GOP followed the rules. Liberals whine because they disagree with the motive. But they followed the rules.

Here, Obama does not follow the rules. To Hell with oversight. To hell with checking these folks out. And to hell with the same process he endorsed as a Senator. The jackass just put two folks on the NLRB via his own whim. Completely bypassed the Senate. Completely ignored the Constitution.

And the libs cheer. :roll:
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Really? Show me what part of the Constitution Obama ignored.

And, as an aside, since when is a partisan hack rag like the Daily Caller considered to be mainstream media? This belongs in blogs.
 
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Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

danarhea said:
Really? Show me what part of the Constitution Obama ignored.

And, as an aside, since when is a partisan hack rag like the Daily Caller considered to be mainstream media? This belongs in blogs.
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The president can't make appointments while Congress is still in session. It's illegal. He broke the law. Period.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

apdst said:
The president can't make appointments while Congress is still in session. It's illegal. He broke the law. Period.
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Perhaps the far right Konservative Kool-aid Konsumers should push for immediate impeachment? As soon as the House returns you should all get started on that right away.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

haymarket said:
Perhaps the far right Konservative Kool-aid Konsumers should push for immediate impeachment? As soon as the House returns you should all get started on that right away.
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No, the appointment should nullified and Obama be issued a copy of the Constitution, so he can do some remedial training.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

apdst said:
No, the appointment should nullified and Obama be issued a copy of the Constitution, so he can do some remedial training.
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And somehow, someway, you figured this out while the President of the USA and all the kings men did not?

I strongly suspect that they did what they did and know damn well why they did it. I also strongly suspect that you can do one of two things about it
1- take it while loudly bitching, whining, moaning and complaining about it for pure political partisan reasons, or
2- start your impeachment hearings

I am betting the ranch that even the massive kool-aid konsumers do not step into #2.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

haymarket said:
And somehow, someway, you figured this out while the President of the USA and all the kings men did not?

I strongly suspect that they did what they did and know damn well why they did it. I also strongly suspect that you can do one of two things about it
1- take it while loudly bitching, whining, moaning and complaining about it for pure political partisan reasons, or
2- start your impeachment hearings

I am betting the ranch that even the massive kool-aid konsumers do not step into #2.
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Oh, so now you're suggesting he knowingly and intentionally broke the law?

I've seen Libbos call for the hangman's noose for much less, in the past. Why are ya'll so forgiving, now?
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

danarhea said:
Really? Show me what part of the Constitution Obama ignored.

And, as an aside, since when is a partisan hack rag like the Daily Caller considered to be mainstream media? This belongs in blogs.
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Read the thread. The Senate's obligation, and right, to advise and consent.

Further, the links also reference Jay Carney, government sources, and other major media, addressing this issue.

As noted, now a President can bypass the Senate on every nomination. Does not even need to submit the entity for the Senate to check the person out. Now you tell me if that was how the Founders drafted things up ? Thanks in advance. :roll:
 
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Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

apdst said:
That's where he ****ed up...Congress was still in session.
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Then tell me where they are hiding. I haven't seen a one of them for weeks.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

All your whining is not only for naught, the more the Reps. in Congress even mention it the worse they will look in the eyes of most Americans. With an approval rating of 9%, Americans are fed up with Congress and the obstuctionist T's in particular.

Constitutionally, President Obama could have gone further. He could have filled other executive branch positions that the Senate has been holding hostage for reasons unrelated to the merits of the nominees. He could have filled judicial vacancies. He could have used his power under Article II to adjourn Congress, thus creating his own recess of the Senate during which he could make these appointments.
That President Obama has not gone to these lengths demonstrates a commendable inclination to continue to respect the Senate's confirmation power. It also continues a tradition of making recess judicial appointments only in extremely rare circumstances, in large part because - although such appointments are constitutional under the text - their limited duration stands in tension with the Framers' conspicuous commitment to judicial independence, embodied in the constitutional guarantee of lifetime tenure.

Some Senate Republicans have apparently reacted to President Obama by threatening to be even less cooperative with the executive branch. But it's hard to see how much less cooperation they could offer. The intransigence of the House Tea Party Caucus, plus the GOP Senate minority's filibuster abuse, has rendered the 2011 session of Congress the least productive in terms of non-trivial legislation since the late 19th century. The White House has correctly discerned that the public has tired of this obstinacy. As Larry Lessig has said, our uncooperative Congress has earned approval ratings probably lower than the approval ratings of Parliament in the thirteen colonies on the eve of the American Revolution. (One suspects, if the public were yet more familiar with the bills the House was trying to pass, its opinion would actually be even lower.) For this reason, the White House is surely undaunted by the prospect of congressional hearings examining its appointments powers. The charts and graphs the Administration can produce illustrating the current Senate's unprecedented delays for even the most routine appointments would make for impressive video
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Peter M. Shane: Recess Appointments and President Obama's Surprising Restraint
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

iguanaman said:
All your whining is not only for naught, the more the Reps. in Congress even mention it the worse they will look in the eyes of most Americans. With an approval rating of 9%, Americans are fed up with Congress and the obstuctionist T's in particular.



Peter M. Shane: Recess Appointments and President Obama's Surprising Restraint
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I reckon that's why the Republicans won the biggest landslide in 60 years during the midterms.

He could have used his power under Article II to adjourn Congress, thus creating his own recess of the Senate during which he could make these appointments.
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The president can't arbitrarily adjourn Congress.
 
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Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

apdst said:
Oh, so now you're suggesting he knowingly and intentionally broke the law?

I've seen Libbos call for the hangman's noose for much less, in the past. Why are ya'll so forgiving, now?
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No. You are attempting to trump up a case to pretend that he did.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

apdst said:
I reckon that's why the Republicans won the biggest landslide in 60 years during the midterms.
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I guess alot of people believed that the Reps. actually had a plan to help the economy and unemployment. There is already alot of buyers regret about that lie. Get ready for a BIG surprise come November.

apdst said:
The president can't arbitrarily adjourn Congress.
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Oh yes he can.

Section 3 - State of the Union, Convening Congress

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The United States Constitution - The U.S. Constitution Online - USConstitution.net
 
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Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

iguanaman said:
Oh yes he can.

Section 3 - State of the Union, Convening Congress

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The United States Constitution - The U.S. Constitution Online - USConstitution.net
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Nothing in there about the president having the power to arbitraily adjourn Congress, nor adjourn Congress as his will, or convenience.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

haymarket said:
No. You are attempting to trump up a case to pretend that he did.
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Well, no, it's a fact that Congress was still in session when he made the appointment. He circumvented the law.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

Eighty Deuce said:
Plays a better hand ? LOL ..... when you play as this in a real poker game in the Wild Wild West, you get shot for cheating.

The GOP followed the rules. Liberals whine because they disagree with the motive. But they followed the rules.

Here, Obama does not follow the rules. To Hell with oversight. To hell with checking these folks out. And to hell with the same process he endorsed as a Senator. The jackass just put two folks on the NLRB via his own whim. Completely bypassed the Senate. Completely ignored the Constitution.

And the libs cheer. :roll:
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The GOP leadership in the Senate has abused its authority and failed to do its job. While its ok to use administrative procedures to block the occasional appointment, they have turned this into the general MO. It is a complete abuse of power to use the process to effectively shut down the government. You can't just not make appointments on a wholesale basis. There have been as many as 200 appointments open and blocked by the Senate. The people's work has to get done. Elections have consequences. We have a Democratic President. He has the right to make his appointments. Only the most egregious of appointments should be stopped.

The Senate has gamed the system with its virtual permanent session. Spare me your disingenuous outrage that the White House came up with a game of its own. I don't condone either action. The Senate did not uphold its responsibilities to advise and consent and the job had to be done.

For those strict constitutionalists: what would the founding father's say about any of these games.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

upsideguy said:
The GOP leadership in the Senate has abused its authority and failed to do its job. While its ok to use administrative procedures to block the occasional appointment, they have turned this into the general MO. It is a complete abuse of power to use the process to effectively shut down the government. You can't just not make appointments on a wholesale basis. There have been as many as 200 appointments open and blocked by the Senate. The people's work has to get done. Elections have consequences. We have a Democratic President. He has the right to make his appointments. Only the most egregious of appointments should be stopped.

The Senate has gamed the system with its virtual permanent session. Spare me your disingenuous outrage that the White House came up with a game of its own. I don't condone either action. The Senate did not uphold its responsibilities to advise and consent and the job had to be done.

For those strict constitutionalists: what would the founding father's say about any of these games.
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I'm sure you were just as outraged when the Democrats did the same thing.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

upsideguy said:
The GOP leadership in the Senate has abused its authority and failed to do its job. While its ok to use administrative procedures to block the occasional appointment, they have turned this into the general MO. It is a complete abuse of power to use the process to effectively shut down the government. You can't just not make appointments on a wholesale basis. There have been as many as 200 appointments open and blocked by the Senate. The people's work has to get done. Elections have consequences. We have a Democratic President. He has the right to make his appointments. Only the most egregious of appointments should be stopped.

The Senate has gamed the system with its virtual permanent session. Spare me your disingenuous outrage that the White House came up with a game of its own. I don't condone either action. The Senate did not uphold its responsibilities to advise and consent and the job had to be done.

For those strict constitutionalists: what would the founding father's say about any of these games.
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You are not close to being in a position to label anything I do as "disengenuous". If you want to just disagree, fine. But otherwise, shove it.

Like it or not, the Republicans did not invent this procedure. The Democrats did, and as per the Constitution, the Senate makes its rules. Bush never went nuclear in response to the Democrats. But now Obama did.

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

Eighty Deuce said:
You are not close to being in a position to label anything I do as "disengenuous". If you want to just disagree, fine. But otherwise, shove it.

Like it or not, the Republicans did not invent this procedure. The Democrats did, and as per the Constitution, the Senate makes its rules. Bush never went nuclear in response to the Democrats. But now Obama did.

<sigh>
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LOL Bush made many more recess appointments than Obama. Get over it.
 
Re: Democrat NLRB ‘recess’ appointments rushed, don’t appear on White House nominee l

iguanaman said:
LOL Bush made many more recess appointments than Obama. Get over it.
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As has been pointed out already (you missed it), a large factor in Recess Appointments is the make-up of the Senate. If the party of the President also hold 59+ seats in the Senate for your first two years, then you won't have need of Recess Appointments.

Did I use too many words of 3 syllables or more ?
 
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