Posted on 06/24/2013 8:07:55 AM PDT by SeekAndFind
Thanks!
Chief Justice Roberts will rule that the appointments are a “tax.”
Because Congress was in recess for earlier Presidents, it wasn't when Obama made the appointments.
Congress alone gets to determine when it is in recess, but President Obama declared them in recess over a long weekend and made the appointments. That is what this case is about.
What a job. Work a couple months and have 10 off. Opposite of a teacher.
If I recall correctly “recess” appointments were previously made while Congress was actually in recess, and were subject to apporval when they reconviened.
Otherwise just wait for every recess and appoint who you want.
And ever one of their decisions/opinions can be or will be challenged.
Seems like an open and shut case to me.
I'm still shaking my head at that one. Bet the decision on Marriage come out on the anniversary of that decision.
you do know what oabma did right?
Make appointments unlike any other past Presidents
what a smart constitutional professor, ARF
RE: What difference does it make? Hell just blackmail Roberts again.
What is there to blackmail? does anybody know something about Justice Roberts that most of us don’t?
Send in the Federal Marshals.
I think this is going to fail into one of those “the Senate can make it’s own rules” decisions and rule that they were illegal appointments.
It's not really a test of executive power. The president may make appointments when the Senate is in recess. The Senate was not in recess therefore the appointments need confirmation before they can take on their position. Obama was wrong in this.
Roberts has clearly been compromised via NSA/DHS/CIA/FBI/whatever other Orwellian groups are out there.
I suspect a bit of his dubious behavior can be traced to his mysterious, solitary "vacations" to Malta.
I still remember their ruling that Obamacare and forced participation in it is just fine and dandy and American as apple pie and baseball.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.These appointments were not to fill a vacancy, they were newly created positions IIRC. The language is clear "that may happen" means there is a person in the position and suddenly leaves, dies, or otherwise can not perform their duties in that position, then the President can make an appointment to fill that sudden vacancy. I would argue past recess appointments as well if the position was open when the Senate was in session and the President waited to fill it during a recess.
bookmark
But, he said it was adjourned, so it was. The Emperor had spoken.
As if Congress would know if they were adjourned or not...that's why we need obama. He's the only one who can know.
I don't see why the One lets the SC tell him anything. They should learn how to read the constitution.
“Just for arguments sake...why were recess appointments fine for earlier Presidents but not for Obama?”
Just a wild guess, those recess appointments were made when the Senate was, in actual fact, in recess. But that’s just a guess.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.