Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Berry Won't Leave Civil Rights Panel When Term Expires
Human Events ^ | Nov 16, 2004 | Robert B. Bluey

Posted on 11/16/2004 12:06:44 PM PST by paudio

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last
To: paudio

She was originally appointed by Carter then Reagan kicked her off but she sued and the judge put her back on. Let her stay on till 1/26. If she is finally off by then, good riddance.


21 posted on 11/16/2004 12:17:50 PM PST by WildTurkey
[ Post Reply | Private Reply | To 1 | View Replies]

To: paudio

Freepers were saying just a little while ago that THIS time she will really have to leave.

My reaction at the time was, I'll believe it when I see it.

At some point the Bush administration may have to resign itself to the spectacle of having a black woman dragged off the premises by federal marshals, while the cameras grind away. Surely that would be better than making her a lifetime spokesperson for an administration for whom she has never spoken.


22 posted on 11/16/2004 12:18:25 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: paudio

Why am I reminded of Winnie Mandela?


23 posted on 11/16/2004 12:18:52 PM PST by SolutionsOnly
[ Post Reply | Private Reply | To 1 | View Replies]

To: MississippiMan; Lancey Howard
Same woman; it was when Bush tried to put the new guy on and the big argument about THIS, yet another problem she has caused.

After the commission's Friday meeting, the liberal Berry told HUMAN EVENTS she would stay until midnight Jan. 21, 2005, a date the commission's Democrat-appointed staff director has decided is the end of her term.

Fine by me. But then she is GONE.

24 posted on 11/16/2004 12:23:13 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 17 | View Replies]

To: paudio

Perhaps she can be the toilet attendent in Slick Willie's new trailer-park library.


25 posted on 11/16/2004 12:24:27 PM PST by cweese
[ Post Reply | Private Reply | To 1 | View Replies]

To: MississippiMan
Maybe this was it (from three years ago):

Civil Rights Commission decision

I cannot believe that this is STILL going on.

26 posted on 11/16/2004 12:24:51 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 17 | View Replies]

To: Howlin

I think you expressed surprise we hadn't heard from her before this...


27 posted on 11/16/2004 12:24:55 PM PST by Peach (The Clintons pardoned more terrorists than they ever captured or killed)
[ Post Reply | Private Reply | To 1 | View Replies]

To: KentTrappedInLiberalSeattle
No need for all THAT firepower. Send this guy . . . he can handle it . . .


28 posted on 11/16/2004 12:25:17 PM PST by geedee (If you're a liberal, what you say is protected. If you're a conservative, it's hateful.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Lancey Howard
Oh, there's THAT problem she caused, too! But the disagreement now is when HER term is up!

townhall.com

Linda Chavez (back to story)

December 11, 2001

Mary Frances Berry: Civil rights bully

Mary Frances Berry, the chairman of the U.S. Commission on Civil Rights, is a bully. Her most recent escapade -- last Friday -- involved her refusal to seat Peter Kirsanow, the man appointed by President Bush to a commission seat that became vacant on Nov. 29. Berry told White House counsel Al Gonzales he'd better send federal marshals if he wanted Kirsanow to take his lawful place on the commission. But her outrageous behavior in this incident is nothing new. I've watched her in action for years, even before President Reagan appointed me staff director, the chief executive officer of the commission, in 1983 when she served as vice chairman. She once bullied a member of the commission staff so badly -- in words not fit to print in a family newspaper -- I had to threaten to have her removed from the building.

"Your use of intimidating curses and vile language as well as your overall abuse of a subordinate go far beyond permissible behavior," I informed her in a memo. "If you repeat such abusive behavior in the future, I will ask you to remove yourself from the premises and will seek to have you removed if you do not comply."

"Call It Uncivil" The New York Times dubbed the conflict, one of many in our stormy tenure together.

Berry was first appointed to the commission in 1980, largely to get rid of her at the then Department of Health, Education and Welfare, where she served as an assistant secretary. Berry had embarrassed the Carter administration by returning from a trip to China extolling the Maoist education system there, including its use of ethnic quotas in higher education. So President Carter passed over Berry when he created the new Department of Education, shipping her off to the Civil Rights Commission instead. She's been getting even with presidents ever since.

In 1983, President Reagan fired Berry and two other commissioners. At the time, commissioners were appointed to serve "at the pleasure of the president," like all presidential appointees of executive branch departments and agencies. But Berry refused to go -- until I changed the locks on the door.

She then went to court to fight her removal, and got a favorable ruling from a liberal District Court judge. But in the meantime, the Congress re-wrote the law, authorizing the president to appoint four commissioners for six-year terms and Congressional leaders to appoint an additional four members with the same conditions, thus mooting her court case, which had moved to the U.S. Court of Appeals by then.

I was with President Reagan in the Oval Office when he signed the new law, but he did so with strong reservations. The Justice Department had issued a legal opinion questioning whether the new commission structure was Constitutional. Article II, section two clearly gives the president exclusive right, with the advice and consent of the Senate, to appoint ambassadors, judges and "all other officers of the United States, whose appointments are not herein otherwise provided for."

The Constitution limits Congress' role to vest the appointment of "inferior officers" by law in the president alone, the courts or the heads of departments -- but not to assign such powers to itself.

Ignoring such Constitutional niceties, the Democrats in Congress proceeded to appoint four commissioners, including Berry, for six-year terms. And she's been reappointed every time her commission expired since then.

President Clinton appointed her chairman when he took office, but even he had reservations about Berry. When he decided to initiate what he called a "national dialogue on race," he kept Berry out of the picture, appointing a whole new commission to oversee the enterprise.

President Clinton also appointed Victoria Wilson on Jan. 13, 2000, to fill the unexpired term of a commissioner who had died. The presidential appointment Wilson received clearly states her term expired Nov. 29, 2001. It's Wilson's place Kirsanow should have taken last week after President Bush appointed him and he was sworn in by a federal judge. But Berry believes she -- not President Bush nor President Clinton -- determines when commissioners' terms expire.

The White House says they'll take Berry to court to force her to seat Kirsanow. The president ought to fire Berry at the same time. As long as this issue is going to wind up in the courts, why not settle the question left unanswered in 1983? Since when did the Constitution permit Congress to limit the president's right to appoint and remove officers of executive branch agencies anyway?

Linda Chavez is President of the Center for Equal Opportunity, a TownHall.com member organization. Contact Linda Chavez

29 posted on 11/16/2004 12:27:06 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 26 | View Replies]

To: Howlin

Do you think she'll actually still be IN the building at midnight? I might possibly arrange my life so as to say goodbye in person.


30 posted on 11/16/2004 12:27:07 PM PST by nina0113
[ Post Reply | Private Reply | To 24 | View Replies]

To: Cicero

Send Condi to kick heer ass out.


31 posted on 11/16/2004 12:27:07 PM PST by Humvee
[ Post Reply | Private Reply | To 22 | View Replies]

To: Peach

LOL.....just last night.

I may drive up to D.C. to see this woman physically removed from her office!


32 posted on 11/16/2004 12:27:41 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: nina0113

No doubt; want to go over there and watch? I do!


33 posted on 11/16/2004 12:28:00 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 30 | View Replies]

To: Howlin

That's what I'm thinkin'. Drinks afterward?


34 posted on 11/16/2004 12:29:11 PM PST by nina0113
[ Post Reply | Private Reply | To 33 | View Replies]

To: pepperhead

Peter Kirsanow. This woman is a waste of skin.


35 posted on 11/16/2004 12:29:34 PM PST by Trust but Verify (Their candidate uses rock stars to attract crowds. Ours IS a rock star!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Howlin
"the liberal Berry told HUMAN EVENTS she would stay until midnight Jan. 21, 2005, a date the commission's Democrat-appointed staff director has decided is the end of her term."

Nope. Her term ends on December 5, 2004.

She wanted the 1/21/05 date so that President Bush wouldn't be able to appoint her successor if he lost the election the year. She's been claiming that Jan 21, 2005 date for her term for at least the last 3 years for that very reason.

1/20/05 being the last day of President Bush's first term, after all.

But she is gone when her term expires, which is the same day, but different year, for each of the Civil Rights Commission's appointees: December 5.

36 posted on 11/16/2004 12:29:53 PM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
[ Post Reply | Private Reply | To 24 | View Replies]

To: nina0113

Drinks during!


37 posted on 11/16/2004 12:31:14 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 34 | View Replies]

To: Southack

Absolutely! She's a lying POS, if you ask me.


38 posted on 11/16/2004 12:32:04 PM PST by Howlin (I love the smell of mandate in the morning.)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Howlin

She's much worse than a mere lying POS.

39 posted on 11/16/2004 12:32:32 PM PST by Southack (Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
[ Post Reply | Private Reply | To 38 | View Replies]

To: Southack

You are NO FUN.

December 5th is a Sunday, and the next day is a work day.

January 21st is a Friday, and the next day is not.

I say her term expires on the 21st.

So let it be written, so let it be done.


40 posted on 11/16/2004 12:32:47 PM PST by nina0113
[ Post Reply | Private Reply | To 36 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson