Obama recess appointment power is murky (It's not "murky", it's Unconstitutional)

Politico ^ | 1/4/2012 | By MANU RAJU and SCOTT WONG

[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.

[napscoordinator]

Ban all Recess Appointments. Bush did 43 and Obama is now at 41 in first three years of each Presidency. I don’t think this is right. The Senate should have to vote for each of them. It is going around the system by allowing someone to have a recess appointment.

[mikrofon]

Maybe Obama thinks he can make appointments during his "recess"...

[HiTech RedNeck]

If Gov. Perry is going to shuffle his cowboy boots out of the race, I’d think at least he ought to have some sharp words for the Bummer in parting.

It apparently meant enough even to the Senate Rats to keep the Senate open for business. Obama is a weasel, he didn’t even offer a half plausible excuse like there would be no way he could get a vote on Corduroy-Betray. (I’m sure if the Rats in the Senate wanted him, they could have arranged to show their faces in Washington long enough to do it.)

[pabianice]

Get a look at the banner behind him while he gave Congress the finger? "We Can't Wait."* Get used to hearing it -- he is going to run so hard Left that it will make the last three years seem like the Eisenhower Administration.

Frankly, if the Repubs don't immediately haul his ass court on this, I am going to sit-out the November election.

*Hitler used the same slogan in 1932

[Verginius Rufus]

Krauthammer was outraged over this but thought it would work politically in Obama's favor--the public won't understand or care about the legal or constitutional issues and Obama can pose as caring for the consumer while the Republicans are just worrying about millionaires and corporations.

Fox managed to find some legal expert from the GWB administration to say that he thought that Obama probably had the better of the legal issue. Incredible. Plus they kept saying these appointees would be in office through the end of 2013--I don't see how that works when the upcoming session of Congress ends before Jan. 3, 2013, when the people elected in November 2012 begin their terms.

[HiTech RedNeck]

At the most charitable, the GOP must be preparing to serve revenge cold. It sure won’t be hot, with all the time it takes to get it from the kitchen.

[Verginius Rufus]

The Nazis in 1932 had the propaganda slogan “Hitler—our only hope.” The Democrats can dust that off and make it “Obama—our only hope.”

[tobyhill]

I noticed the Lame Stream Media pulling out old Bush lawyers but not one of them mentioned that Bush never recess appointed when the Senate was in Pro Forma Session. While the lawyers probably told Bush he could get by with it, he never did it because he knew it was Unconstitutional.

[Mariner]

So either the House can impeach and the Senate can convict, or they can S T F U.

Obama is a VERY strong POTUS when he decides to act. He should not be underestimated. He is very, very dangerous.

[Logical me]

Impeachment time for this arse.

King Obama is now a dictator. The Senate is communists Democratic control. The House is a bunch of cowards. What chance do we have of impeaching this communists black Muslim.

[April Lexington]

And that wizened old Marxist crone who was the Kenyan's revolutionary architect - what's her name, Frances Fox Piven, or Ilsa the Jurassic She-Beast, or something? I want to see her tossed in a maximum security cell with no communication with the outside world, for however many minutes she has left on the planet before she desiccates into oblivion. You bet your ass she probably gets 24/7 security protection from a detachment of union wharf thugs, wherever she makes her nest. And ya wanna bet that their marching orders probably have an operational thread that stretches all the way to Pennsylvania Avenue, as thin as it may be?

Pftttt. We's thinkin' pickup truck and chain around these parts...

[Mariner]

"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. "

Obama just called the US Congress, and the GOP in particular, a bunch of pussies. Then proved it by pissing on them.

[JrsyJack]

Impeachment time for this arse.

That may be the game plan...look how popular impeachment made Clinton. Obama may be trying to bait the R's just to excite his base.

[Aria]

So how is this guy and his subordinates going to be paid? I thought the House was in charge of that?

[bvw]

Obama smells like 1932.

[Aria]

That’s what I think...impeachment would be Obama saying don’t send me into that briar patch. A big trap for the GOP.

[Viking2002]

Well, I was just trying to take the high road, to a small degree. However, clearing a few snowdrifts that way does have it's appeal........

"But know this, that in the last days perilous times will come: for men will be lovers of themselves, lovers of money, boasters, proud, blasphemers, disobedient to parents, unthankful, unholy, unloving, unforgiving, slanderers, without self-control, brutal, despisers of good, traitors, headstrong, haughty, lovers of pleasure rather than lovers of God, having a form of godliness but denying its power. And from such people turn away, for his name is Obama."

[Ronin]

One wonders what the Supremes are thinking about this.

Obama has already made it very plain he doesn’t respect their institution. How much respect do they think he will give any decisions he disagrees with?

Keeping quiet will just embolden Obama to take even greater bites. Actual laws mean nothing to him. There is only “what he wants” and does not want. People against him are defacto outlaws with no standing because they are not supporting him.

I knew it from the first. He intends to rule, permanently.

[Political Junkie Too]

Obama is what happens when we lose the concept of "good faith" in this country. Reid is another example.

When someone like the Senate Majority Leader openly cheers Obama flouting the Constitution on a matter that Reid previously used himself against Republicans, you understand that the Democrats never negotiate in good faith. Good faith is for suckers, to them.

What makes a representative republic work is that all the parties to the Constitution act in good faith, believing that their counterparts on the "other side of the aisle" agree to the rules of engagement, and therefore agree to the outcomes that result from fairly executing those rules.

With Obama, he is not a good-faith negotiator. He will say anything or agree to anything, and then do what he wants whether it's constitutional or not.

Furthermore, as he foreshadowed with the word "audicity," Obama the Community Organizer knows that you have to take bold, "audacious" moves to stun your opposition into silence and hesitation while they figure out what to do.

When one player breaks all the rules that the others swore an oath to uphold, the rule-breaker can get away with a lot during the interim inactivity while the law followers figure out what to do about it.

The problem with Republicans, however, is that they never do anything about it. It's always the next hill to die on, not this one. Nothing seems to be worthy enough of an issue for Republicans to finally take a stand.

-PJ

[rcrngroup]

I am madder than hell over 0dumb0's latest abominations in making his non-recess appointment of Richard Cordray. Obama is also set to use recess appointments to install his picks to the National Labor Relations Board, according to White House officials and others familiar with ongoing discussions.

It reminds me of our earlier postings back & forth......in the battle for America, it's the Stupid Party against the Evil Party and the Evil Party wins everytime. Weenie Mitch McConnell issues his stern warning to 0dumb0 of "uncertain legal territory" in making these appointments and 0dumb0 is literally rolling on the floor laughing at McConnell's cowardice & ineptitude.

I am so sick & tired of our scared shitless GOP leaders. Just for once, I would love to see a national rock solid conservative GOP contender take the battle to 0dumbo & the RAT bastard demoRATs. As you said in your other posting to me.....

....as long as I’ve been alive, the GOP has caved like “gentleman” and given in to the leftists. Puke. I want street fighters. I want my politicians to gouge eyes and kick groins.

I agree with you 100% Gingrich may not be everything we want, but he seems to be the only GOP candidate with enough street smarts & balls who will carry the fight to 0dumb0. Plus he seems to be the only one capable of talking & thinking at the same time. We especially don't need another deer-in-the-headlights look of a GW Bush clone.

Otherwise our country is going to hell in a hand basket, and we just can't seem to find a single conservative patiriotic American on a national level to ferociously stand up and up fight for America or should I say Amerika.

The events of yesterday (Iowa caucuses & 0dumb0 signing bill to imprison U.S. citizens without trial or charges) and 0dumb0's non-recess illegal appointments is really kind of depressing to say the least.