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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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To: tobyhill
Headline:

Not in recess? Who cares
Exposed: Obama's scheme to czar and fetter U.S. citizens.
Checks and balance work against the people, says President: "Bring it all down, man."

"My Mommy and Daddy would be proud of me," says Obama.

61 posted on 01/04/2012 8:15:25 PM PST by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: Political Junkie Too

They better hurry and make a stand on something, or the only thing they and the rest of the country will be standing on are gallows.

It’s certainly getting spooky.

The separation of powers are the bedrock foundation of the republic. Three coequal branches of government that are barred from intruding on each other’s turf. The system was designed to ensure that no single branch of government became too powerful — with the fully intended idea that if it were to occur, the other two would band together to drag the third back down into place.

If the Bamster can get away with this, what else might he be tempted to try?

Perhaps deciding that certain voices would be better locked away?

Is this the point historians will someday figure as the day Obama began his unconstitutional dictatorship? Was that point ever identified for Hitler?

Hitler was also elected, but at some point in time...


62 posted on 01/04/2012 8:27:51 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: Ronin
Was that point ever identified for Hitler?

Probably the Reichstag fire.

Fast and Furious may have beeen Obama's attempt at a Reichstag fire here.

-PJ

63 posted on 01/04/2012 8:39:42 PM PST by Political Junkie Too (If you can vote for President, then your children can run for President.)
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To: HiTech RedNeck

All Bummer gave us was rope and chains.
= = = = = = = = = = = = = = = = = = = = = = = = = = = =
I think you must have misunderstood me.

The only thing I like about him is the fact he may be gone - at least by next year, hopefully much sooner.

He is definitely a disaster -

What I am saying is I want to turn his ‘hope and change’ to

“I certainly am hoping for a change”.


64 posted on 01/04/2012 8:51:25 PM PST by xrmusn ((6/98) EGOIST - A person of low taste, more interested in himself than me. A. Bierce)
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To: tobyhill

I cannot wait for the articles of impeachment to be drawn up. Didn’t the RATS keep Congress in session to prohibit Bush from making recess appointments? And just last week I saw a “news”paper headline that said “Zero Wants to Work with Congress” - NOT. His only two items in the 2012 campaign that he has to run on are killing Osama and fighting for the people against a do-nothing Congress.


65 posted on 01/04/2012 9:07:20 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: tobyhill
It's not even close.
66 posted on 01/04/2012 9:08:32 PM PST by OddLane (If Lionel Hutz and Guy Smiley had a lovechild together, his name would be "Mitt Romney." -KAJ)
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To: tobyhill

Just another reason to Impeach Bolshevik Chairman Obama.


67 posted on 01/04/2012 9:10:53 PM PST by Graewoulf (( obama"care" violates the 1890 Sherman Anti-Trust Law, AND is illegal by the U.S. Constitution.))
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To: tobyhill

“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. “

By MANU RAJU and SCOTT WONG Explains it all!


68 posted on 01/04/2012 9:20:46 PM PST by vette6387 (Enough Already!)
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bkmark


69 posted on 01/04/2012 9:26:17 PM PST by VirginiaMom
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To: Colonial Warrior

It's all a crock... of Barack

Stop6

Click to watch Obama -- ''How you like me now'' or here to download mp4.

70 posted on 01/04/2012 10:50:49 PM PST by BobP (The piss-stream media - Never to be watched again in my house)
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mark


71 posted on 01/05/2012 12:12:16 AM PST by JDoutrider
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To: Ronin

The recess appointment was designed for an age with extremely slow travel and communication. Those conditions no longer entail.

Besides, Art II, Sec 2 speaks to vacancies that occuring during a recess of the Senate. That was not a vacancy that had taken place during a recess. In fact, the Senate was in the midst of considering it.

Everything Cordray does is illegal. None of it has to be obeyed or followed.

In fact, civil disobedience is the proper response to Obama’s action.


72 posted on 01/05/2012 5:14:43 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: Tzimisce
So who’s going to stop him? Thought so. Go pay your taxes - your government is broke. /sarc(???)

That's the barenaked truth! We have but two options beyond the ballot box. The most effective by far is that citizen expression of authority, withholding funds. Paying taxes is now as helpful as putting out a fire with gasoline.

If we didn't pay the taxes like good little sheep, none of these outrages would be happening. And yet some people bluster on regularly about their 2nd Amendment rights.

If you can't even bring yourself to refuse to pay taxes, you will never be able to raise those guns.

Every April 15 is Surrender Day.

73 posted on 01/05/2012 6:12:27 AM PST by Lady Lucky
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To: Logical me; xzins
King Obama is now a dictator.

You're absolutely correct. Dictators always have a legislative body allegedly elected by the people but a dictator will ignore the legislative body because the dictator's pronouncements are considered a higher law than the laws of the legislature.

Obama is clearly acting as a tin horn dictator. He considers the Presidency as superior to the courts and congress. I don't see any difference between him and all the other dictators in the world.

We are no longer living in a constitutional democratic republic. America died on January 20 2009.

74 posted on 01/05/2012 7:08:24 AM PST by P-Marlowe
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To: P-Marlowe

ping to #72

I have written both my senators on this one. This is a usurpation.

If we had an originalist Scotus justice with guts, they’d tell us that the recess appointment is an anacronism of an age with slow travel and communication, and that it should be excised from the Constitution.

However, Congress is in session, but that isn’t what’s important. What’s important is that the language of Art 2, Sect 2 clearly describes a vacancy that happens DURING a recess. The vacancy in question was already under consideration by the senate when most members began celebrating Christmas. So, it simply was not a vacancy that happened unexpectedly during a recess.


75 posted on 01/05/2012 7:16:32 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks tobyhill.


76 posted on 01/05/2012 4:07:44 PM PST by SunkenCiv (Merry Christmas, Happy New Year! May 2013 be even Happier!)
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