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"Until now, it was always assumed that Congress alone could set the terms of its sessions and evaluate its own compliance with those rules. The President’s “functionalist” approach strips this power from Congress, claiming that the President may look past Congress’s own descriptions of its actions and determine for himself their legal effect. " - David Rivkin
1 posted on 02/01/2012 9:04:24 AM PST by american_steve
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To: american_steve
I have to give credit to Darrell Issa, he keeps standing up and bringing out a lot of the BS of this administration even though the press turns a blind eye on of it.
2 posted on 02/01/2012 9:20:01 AM PST by THE_RAIDER (Somewhere in Kenya a village is missing their idiot.)
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To: american_steve

We need a list of the unconstitutional actions taken by this person in the White House and his administration ... per the evaluations of lawyers who specialize in Constitutional Law.


3 posted on 02/01/2012 9:20:56 AM PST by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified Decartes))
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To: american_steve

I have to give credit to Darrell Issa, he keeps standing up and bringing out a lot of the BS of this administration even though the press turns a blind eye on it.


4 posted on 02/01/2012 9:21:06 AM PST by THE_RAIDER (Somewhere in Kenya a village is missing their idiot.)
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To: american_steve
President’s “Recess” Appointments Unconstitutional, David Rivkin Testifies

So?? Do something about it!! Why hasn't anyone sued to overturn?? Lackacajones?? The National Chamber of Commerse was doing some Huffing and Puffing over this...but apparently they chickened out.

6 posted on 02/01/2012 9:26:02 AM PST by GoldenPup
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To: american_steve

The Constitution means nothing to our dictator.


7 posted on 02/01/2012 9:26:23 AM PST by Venturer
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To: american_steve
The President's "functionalist" approach strips this power from Congress, claiming that the President may look past Congress's own descriptions of its actions and determine for himself their legal effect.

Courts have described the circumstances where they, the courts, may look past a deliberative body's misleading characterizations, and thereby determine for itself (the Court) and the people involved in the case, the legal effect.

If I recall correctly, one of these was to look at the records to find evidence of a quorum; even when the records themselves imply that a quorum is in fact present.

Ahhh, found it, after some searching. See United States v. Ballin, 144 U.S. 1 (1892), and Marshall Field & Co. v. Clark, 143 U.S. 649 (1892).

If the Court is allowed to look past conclusions asserted by the legislature, into whether or not those conclusions are valid; then I submit that the president has the same power.

13 posted on 02/01/2012 10:13:02 AM PST by Cboldt
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