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Whiny babies.
Jan 5, 2012 | Posted by: roboblogger
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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Judged: 3 2 2 Whiny babies. |
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Judged: 1 1 1 You must like tyranny. |
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Since: Sep 08
E.L. OHIO |
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“Tea parties R 4 little girls.” Since: May 08
Orlando |
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Saint Louis, MO |
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. |
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Judged: 1 1 1 Recess appointments while the Senate was not in recess? None. |
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Since: Aug 07
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Since: May 11
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“Tea parties R 4 little girls.” Since: May 08
Orlando |
Judged: 3 3 3 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!!!! |
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“Too busy working to occupy” Since: Feb 07
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“Happiness comes through giving” Since: Feb 08
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Judged: 1 1 1 If Republicans are furious at Obama, he must be doing something right. |
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“Happiness comes through giving” Since: Feb 08
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Judged: 1 1 1 George W Bush made 171 recess appointments. Republicans who protested them? Zero. |
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Since: Sep 08
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Judged: 3 3 3 Ronald Reagan and Pappy Bush each made three recess appointments to the NLRB, Dubya made seven such appointments. |
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Since: Sep 08
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Judged: 3 3 3 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? |
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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... |
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Since: Sep 08
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Judged: 2 2 2 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 |
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“Orwell said this would happen.” Since: Sep 08
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Judged: 1 1 1 Of course, they made those appointments during an actual recess. |
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Since: Sep 08
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Judged: 3 2 2 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... |
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“Orwell said this would happen.” Since: Sep 08
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How many recess appointments did Bush make while Congress was not actually recessed? Zero. |
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Since: Sep 08
E.L. OHIO |
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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