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Obama recess appointment power is murky (It's not "murky", it's Unconstitutional)
Politico ^ | 1/4/2012 | By MANU RAJU and SCOTT WONG

Posted on 01/04/2012 6:12:12 PM PST by tobyhill

What happens when the president makes a recess appointment when the Senate is not technically on recess?

Nobody knows.

But President Barack Obama’s decision to jam the Senate and install three labor nominees and a consumer watchdog without a confirmation vote raises unsettled legal questions that could have a long-lasting impact past his presidency.

“This is not a nice, clear-cut area at all,” said Robert Dove, a former Senate parliamentarian, when asked about the implications of the president’s move.

Legal experts said Wednesday that there was no precedent for such recess appointments and that it would likely be put to the test in the courts by industry groups seeking to challenge regulations issued by the new Consumer Financial Protection Bureau, whose new head, Richard Cordray, received an appointment even though the chamber was technically in session every few days.

(Excerpt) Read more at politico.com ...


TOPICS: Extended News; Front Page News; News/Current Events
KEYWORDS: constitutionalcrisis; marxistmaggot; obama; recessappointment; unconstitutional; usurper
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1 posted on 01/04/2012 6:12:24 PM PST by tobyhill
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To: tobyhill

It’s just politics.


2 posted on 01/04/2012 6:18:52 PM PST by ExtremeUnction
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To: tobyhill

3 posted on 01/04/2012 6:19:14 PM PST by Colonial Warrior (Never approach a bull from the front, a horse from the rear, or a fool from any direction.)
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To: tobyhill
"adj. murk·i·er also mirk·i·er, murk·i·est also mirk·i·est. 1. Dark, dim, or gloomy: a murky dungeon. See Synonyms at dark. 2. a. Heavy and thick with smoke, mist, ..." www.thefreedictionary.com/murky
4 posted on 01/04/2012 6:19:52 PM PST by ColdOne (I miss my poochie... Tasha 2000~3/14/11)
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To: tobyhill
Nobody knows.

You lie, Politico.

5 posted on 01/04/2012 6:21:52 PM PST by Cicero (Marcus Tullius)
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To: tobyhill

It’s a shame none of the Rs in DC have the cojones to ram this right into federal court and give Obama one more thing to have to defend himself against.


6 posted on 01/04/2012 6:22:20 PM PST by bigbob
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To: tobyhill

Better be front and center on the debates...yea I know....I can dream.

But RS and Newt really better run with it hard and fast. It’s a gift. A gateway to get by all his other media coverups with the racism charge. Because there is no presidence.


7 posted on 01/04/2012 6:23:01 PM PST by Norm Lenhart (Curse you, Norm Lenhart! Im slain, crumpled in a ditch by your obvious superiority - Humblegunner)
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To: ColdOne

Congress needs to hit back hard on this.

I admit a bit of surprise that even Reid is falling in line about this. Anything that chops away from the prerogatives of the Senate directly impacts his power.

And if Obama gets away with it once, he’ll keep right on going until he gets everything he wants — or he’s stopped. This has to be impeachment territory.


8 posted on 01/04/2012 6:23:07 PM PST by Ronin (If we were serious about using the death penalty as a deterrent, we would bring back public hangings)
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To: tobyhill
The senate has the power to take action to fix this, but of course, won't, because liberals control the chamber. The house could take action, but any action would be described by the press as just being politics...

So what's left is private citizens taking action in the courts, who will most likely shrug their shoulders and point at the senate and the house as the places to have this settled, as they have mechanisms for keeping the president from overstepping his bounds.

The whole dog and pony show over who's running for president (or in Obama’s case, present) means nothing compared to taking back the people's house from the liberals, both in and out of the GOP.

9 posted on 01/04/2012 6:23:31 PM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: All


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10 posted on 01/04/2012 6:23:56 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: ExtremeUnction

Obama has blatantly ingnored the Constitution in at least 7 instances: http://www.onenewsnow.com/Perspectives/Default.aspx?id=1437376


11 posted on 01/04/2012 6:24:01 PM PST by Colonial Warrior (Never approach a bull from the front, a horse from the rear, or a fool from any direction.)
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To: tobyhill
Why are they calling it a "recess" appointment?! It is not a "recess" appointment. It would be a recess appointment if the Senate was actually in recess. However, they are not in recess.
12 posted on 01/04/2012 6:26:39 PM PST by Moorings
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To: tobyhill

Impeachment time for this arse.


13 posted on 01/04/2012 6:30:28 PM PST by Joe Bfstplk (People should enjoy the fruits of their labor. No labor, no fruit.)
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To: tobyhill

Radio talk show host Mark Levin was quite clear on this issue - it was illegal since the House was still in session and the Senate cannot adjourn without the consent of the House and vis-versa.

The “Communist In Chief” just came out of the red closet, not only on this Constitution-ignoring act, an impeachable act, but also in his Shaker Heights Cleveland high school speech where he talk the students (these blithering ignorant assholes), that he would do want he wanted to and ignore the expressed limits that the Constitution places on an imperial presidency re the rights of the Congress.
(Again, hattip to Levin for playing some of this speech).

Did you know that the last “O” in Politico stood for “Uh Oh, we screwed up again with our ignorance of the Constitution”?

IT IS TIME TO FORM A NATIONAL “IMPEACH OBAMA COMMITTEE”. He has shredded the Constitution or corrupted it, aided and abetted by the marxists and crooks he has appointed.

Time to change the national slogan from “Hail to the Chief” to “Jail to the Theft” (he is stealing our freedom).

It is time that loyal Americans stood up and said “No More”.


14 posted on 01/04/2012 6:32:05 PM PST by MadMax, the Grinning Reaper
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To: Joe Bfstplk

Milhouse Nixon is a piker, compared to the asshat-in-cheese.


15 posted on 01/04/2012 6:34:38 PM PST by SgtBob (Freedom is not for the faint of heart. Semper Fi!)
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To: tobyhill; All
Murky?!

Such "journalism" is proof POSITIVE the media--local, national, and 'net-based are eager to fellate Hussein!

Can you imagine if Bush did this what the headline would say? Would it say Bush's authority was MURKY? Hell, no. The headlines ALL would talk about Bush's abrogation of precedent, the Constitutional crisis he was creating for political gain, and the PROBLEM with executives who overreach their authority.

Not with Hussein.

Dammit, folks, we have to not only beat this assclown in November, we need to begin to change the CULTURE in news media. Teach kids the truth, and encourage them to infiltrate these industries.

16 posted on 01/04/2012 6:35:06 PM PST by Recovering_Democrat
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To: bigbob

Exactly git rid of the P.O.S. AND HIS CREW.


17 posted on 01/04/2012 6:35:20 PM PST by Billk
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To: All
Note how Politico admits that the Senate is not in recess but that Obama’s appointment is “murky” despite the fact that the Constitution clearly states that he can't appoint unless they are on recess but then try to justify Obama’s move by claiming Bush made recess appointments when congress was in recess.
18 posted on 01/04/2012 6:38:50 PM PST by tobyhill (Obama, The Biggest Thief In American History)
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To: tobyhill

I think this is just the beginning, obumber is pushing for a fight. He will only become more aggressive until he gets his fight. That is his whole reelection strategy. Boner is in a bad place because he has been weak all along. Nothing he can do now, it’s lose-lose situation for the republicans. obumber has the media and apparently some balls, the gop has boner and mcConel. We are screwed!


19 posted on 01/04/2012 6:39:01 PM PST by JoSixChip (Top 10% of wage earners pay 70% of total income taxes collected. Bottom 50% pay less then 3%, fair?)
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To: tobyhill
Obama recess appointment power is murky (It's not "murky", it's Unconstitutional)

Especially when the power is to fill a vacancy that occurs during the Senate's recess, not one that the President has failed to fill prior to the recess because he was too chicken (or something else more sinister) to deal with the Senate.
20 posted on 01/04/2012 6:40:13 PM PST by aruanan
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