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Jan 5, 2012 | Posted by: roboblogger

Republicans Furious Over Obama Recess Appointments

Full story: WMTW-TV Auburn

Congressional Republicans were furious Wednesday after President Obama's recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau, arguing the move was unconstitutional because the Senate has met every three or four days over the holiday period and therefore was not on a recess.

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Since: May 11

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#1
Jan 5, 2012
 

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Doesn't take much to make a Republican "furious".
Whiny babies.
Mothra

Phoenix, AZ

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#2
Jan 5, 2012
 

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PayThat CEO wrote:
Doesn't take much to make a Republican "furious".
Whiny babies.
You must like tyranny.

Since: Sep 08

E.L. OHIO

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#3
Jan 5, 2012
 

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In other words the republicans can even screw up recess.

“Tea parties R 4 little girls.”

Since: May 08

Orlando

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#4
Jan 5, 2012
 

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How many did Bush make? Anyone? Anyone?
Awake and Aware

Saint Louis, MO

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#5
Jan 5, 2012
 
And bama continues the SAME unconstitutional antics as shrub did and the clintonista and on and on- any questions?

Hint peas in a pod, cut from the same cloth.
Mothra

Phoenix, AZ

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#6
Jan 5, 2012
 

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Jim Trebowski wrote:
How many did Bush make? Anyone? Anyone?
Recess appointments while the Senate was not in recess?

None.

Since: Aug 07

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#7
Jan 5, 2012
 

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They are just mad that they missed an opportunity to obstruct.

Since: May 11

Burnsville, MN

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#8
Jan 5, 2012
 

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people may not like president obama but you have to admit he`s no dummy. he boxed those fools in again

“Tea parties R 4 little girls.”

Since: May 08

Orlando

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#9
Jan 5, 2012
 

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Mothra wrote:
<quoted text>
Recess appointments while the Senate was not in recess?
None.
a 30 second session doesn't count as "working". The GOP complained earlier this week that they couldn't meet on the budget because they were in recess, now they claim they weren't in recess. LOL!!!!

“Too busy working to occupy”

Since: Feb 07

Tampa, FL

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#10
Jan 5, 2012
 

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You may not think its working and Obama may not think its working (well, he did while he was in the Senate, and his administration did last year), but the constitution says that the Senate gets to make their own rules- not the Executive Branch.
Jim Trebowski wrote:
<quoted text> a 30 second session doesn't count as "working". The GOP complained earlier this week that they couldn't meet on the budget because they were in recess, now they claim they weren't in recess. LOL!!!!

“Happiness comes through giving”

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#11
Jan 5, 2012
 

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PayThat CEO wrote:
Doesn't take much to make a Republican "furious".
Whiny babies.
If Republicans are furious at Obama, he must be doing something right.

“Happiness comes through giving”

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#12
Jan 5, 2012
 

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Jim Trebowski wrote:
How many did Bush make? Anyone? Anyone?
George W Bush made 171 recess appointments.
Republicans who protested them? Zero.

Since: Sep 08

Oklahoma City, OK

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#13
Jan 5, 2012
 

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The past three Republican presidents also made recess appointments to the NLRB.
Ronald Reagan and Pappy Bush each made three recess appointments to the NLRB,
Dubya made seven such appointments.

Since: Sep 08

Oklahoma City, OK

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#14
Jan 5, 2012
 

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CHIEF JUSTICE ROBERTS seems to have suggested recess appointment!

NEAL KATYAL, DEPUTY SOLICITOR GENERAL: They were named in July of last year. They were voted out of committee in October. One of them had a hold and had to be renominated. That renomination took place. There was a failed quorum -- a failed cloture vote in February. And so all three nominations are pending. And I think that underscores the general contentious nature of the appointment process with respect to this set of issues.

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work? Why?
Mothra

Phoenix, AZ

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#15
Jan 5, 2012
 
An Unconstitutional Appointment to an Unconstitutional Office

Normally, the Constitution requires the president to secure Senate confirmation before appointing cabinet secretaries and equivalent officers to lead federal agencies. But the Constitution carved out one exception to that rule: The president may appoint such an officer without Senate confirmation when the Senate is in recess.
Richard Cordray

And that’s why President Obama’s announcement yesterday that he would use his “recess appointment” power to install Richard Cordray as the first director of the Consumer Financial Protection Bureau, a new agency created by last year's Dodd-Frank Act and vested with effectively unlimited power to regulate and punish lenders, is so controversial. The Senate is not in “recess” for purposes of the Appointments Clause.

In fact, the Senate has refused to recess precisely to deny the president the ability to evade Senate confirmation requirements for Cordray and other nominees. Rather than recessing, the Senate has been careful not to adjourn for more than three consecutive days. That was in accordance with Congress’s and the President’s longtime understanding that no “recess” occurs, for purposes of the Constitution's Appointments Clause, when an adjournment lasts three days or less.

This three-day cycle is not a novel GOP creation; it was established long ago, and used most recently by Sen. Harry Reid to avoid a recess during the last years of the Bush administration.(And during President George W. Bush's term, by contrast, recess appointments never occurred during breaks of less than ten days, consistent with the three-day definition of “recess.”) The Obama administration’s deputy solicitor general reiterated the Justice Department's longtime understanding of this definition of “recess” in a 2010 Supreme Court oral argument involving the NLRB (an agency that, as it happens, also received “recess” appointments yesterday)....

Faced with this constitutional problem of asserting that a “recess” has occurred contrary to the longstanding interpretation of what a “recess” is, the White House's response has been that, although the Senate has not formally been in recess,“[t]he Senate has effectively been in recess for weeks.” The absurd results of that argument quickly become apparent. If the Senate is “effectively” in recess during a few slow winter weeks, just because most of the Senators left town, then when else is it in “effective” recess? On the weekends? At night?

And one branch’s powers can be triggered by another branch’s “effective” actions in the recess-appointment context, than what about other constitutional provisions? Could the Senate announce that the president has “effectively” nominated a judge or ambassador, and then confirm him? Could the Senate announce that the president “effectively” made a treaty, and then ratify it? Of course not. In each of those cases, the president would prove the absence of a nomination or treaty by pointing to the absence of the formal trappings of either. Whether or not the Senate thinks a judge has “effectively” been nominated, in the end only formal actions count. There are no “effective” nominations, and there are no “effective” recesses.

http://www.weeklystandard.com/blogs/unconstit...

Since: Sep 08

Oklahoma City, OK

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#16
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President Obama Has Made Far Fewer Recess Appointments Than Any Recent President!

Despite the inevitable conservative complaints that President Obama is engaged in some kind of massive overreach by recess appointing Richard Cordray as the nation’s chief consumer financial protection watchdog, the truth is that Obama has used his recess appointment power very sparingly.

After today’s appointment, President Obama will have made a total of 32 recess appointments. 10.7 per year

By comparison:
Dubya made 171; 21.4 per year
Big Dog made 139; 17.3 per year
Pappy Bush made 77; 19.3
Ronny made 139; 30.4 per year

“Orwell said this would happen.”

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#17
Jan 5, 2012
 

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PlacitasRoy wrote:
The past three Republican presidents also made recess appointments to the NLRB.
Ronald Reagan and Pappy Bush each made three recess appointments to the NLRB,
Dubya made seven such appointments.
Of course, they made those appointments during an actual recess.

Since: Sep 08

Oklahoma City, OK

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#18
Jan 5, 2012
 

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Mothra wrote:
An Unconstitutional Appointment to an Unconstitutional Office...
http://www.weeklystandard.com/blogs/unconstit...
Don't bet on the Weekly Standard EVER being right! For a little historical backgroud:

Are Obama’s Recess Appointments Unconstitutional? Probably Not
[long sinp] "Following this [Filibuster]defeat, Bush circumvented the Senate by recess appointing Pryor, during a ten-day Senate recess in February 2004. Outraged Democrats, led by Senator Ted Kennedy (D-MA), filed an amicus curiae brief in support of a lawsuit that challenged the legality of Pryor’s appointment.

Kennedy asserted that it was unconstitutional to make recess appointments during the short intrasession recesses that occur during a congressional session. Eight months later, the Eleventh Circuit Court of Appeals rejected Kennedy’s challenge, ruling that the Constitution “does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause”

The Supreme Court refused to take up the appeal of the case, and the decision still stands as good law. So, as a matter of law, it does not appear that the President acted unconstitutionally at all....

There will no doubt be legal challenges filed over these appointments, but it seems unlikely to me that whatever Court happens to hear them is going to go any further than the 11th Circuit did just 7 years ago. For one thing, there is no hard-and-fast definition of “recess” in the Constitution. For another, the Courts simply aren’t going to involve themselves in what is ultimately a political dispute between the two other branches of government." http://www.outsidethebeltway.com/are-obamas-r...

“Orwell said this would happen.”

Since: Sep 08

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#19
Jan 5, 2012
 
Jim Trebowski wrote:
How many did Bush make? Anyone? Anyone?
How many recess appointments did Bush make while Congress was not actually recessed? Zero.

Since: Sep 08

E.L. OHIO

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#20
Jan 5, 2012
 
Well this president did what other before him did and the far right extremists can't contain their hate.
Whining and crying goes far in the GOP.

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