Posted on 01/05/2012 4:54:51 PM PST by jazusamo
In the uproar over President Obama’s unconstitutional “recess” appointments (Richard Cordray to head the Consumer Financial Protection Bureau and three new members of the National Labor Relations Board), one fact has gotten too little attention .
Attempting to justify the president’s violation of the Constitution and 90 years of legal precedent, presidential spokesman Dan Pfeiffer claimed that the president can exercise recess appointment powers because the Senate’s pro forma sessions—conducted since mid-December—are merely “a gimmick” during which “no Senate business is conducted and instead one of two Senators simply gavel in and out of session in a matter of seconds.”
However, a simple review of the Congressional Record (“CR”) shows that claim to be categorically false.
Most senators left D.C. on Dec. 17 after scheduling pro forma sessions for December and January. The CR for Dec. 17 shows that Sen. Ron Wyden (D-Wash) received unanimous consent to schedule Dec. 23 as a pro forma session.
The CR for Dec. 23 shows that Senate Majority Leader Harry Reid specifically asked for unanimous consent for H.R. 3765 so “that if the House passes and sends to the Senate a bill which is identical to the text extension of the reduced payroll tax, unemployment insurance, TANF, and the Medicare payment fix, the bill be considered read three times and passed.”
In that pro forma session, Reid received unanimous consent and the two-month extension of the payroll tax break that had caused such a political commotion in Washington was considered read and passed in the Senate after the House acted. That’s not a “gimmick.” That’s legislating.
That same CR for the Dec. 23 pro forma session records a series of other business actions taken by the Senate. The President pro tempore signed several enrolled bills. Other senators were designated as members of a conference committee to negotiate with the House over disagreements to H.R. 3630. The minority leader even made appointments to the United States-China Economic and Security Review Commission, pursuant to 22 U.S.C. § 7002.
Contrary to White House assertions, the Senate unquestionably conducted actual business during at least one of its supposedly pro forma sessions. This simple fact makes President Obama’s actions even more indefensible.
The President’s ends don’t justify his means. Politics should not trump the principle that we – and particularly the President – operate under the rule of law and the bounds of the Constitution. When a President disregards the facts and shows such contempt for this principle, it is more than disappointing, it threatens the foundations of our republic. Leaders who believe they need not abide by the rules and the law have led more than one republic down the road to tyranny.
So where is Rino Boehner. he should be calling congress back early to deal with this. That is how you get media attention as well.
Now they can run against a do nothing congress, because they certainly will do nothing about this.
Laws are for the little people, Royalty gets to make the laws for little people, get used to it.
Nothing. It's done. And the next GOP President will use the new paradigm.
The person who has been insulted by this is Dingy Harry, as it goes to the heart of Senate rule&order, and yet who has been notably missing from this story??
No, no, no. This is how 0bama will handle that situation:
A) He will fit Moochelle with that robe, etc.
or
B) The week before the 2013 inauguration of the GOP president 00bama will arrange for Kennedy’s “heart attack” or “accident” and then fit HIMSELF for that robe, etc.
Precedent and constitution be damned!
The purpose of all this was to avoid having the guy go before the Senate to answer questions.
Unfortunately you are correct, the turkey has pulled this kind of thing over and over.
Thanks for posting! Both Rush and Mark are dead on the money.
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