Regarding the power of the President, Article 2, Section 2 of the Constitution states:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
The Senate’s power to pass on all appointments of Officers of the United States is explicitly enshrined in the Constitution. The one and only exception to this Congressional power occurs when the Senate is in recess. Despite the fact that, according to the Senate, the Senate is most emphatically not in recess, and despite the fact that they have been meeting every two days even over the holiday, the Obama administration has taken it upon themselves to declare that the Senate is in fact in recess and has made recess appointments to both the NRLB and the Consumer Financial Protection Bureau.
Consider the astonishing timeline here – Obama submitted the names of his proposed appointments two weeks ago - two weeks ago - there has been no filibuster of the appointments; there hasn’t even been a cloture vote scheduled. The Senate hasn’t taken any action one way or another because there’s this holiday that happens in the last two weeks of December that some Americans celebrate, but Reid has kept the Senate in pro forma session, including regular meetings, to preserve the Senate’s prerogative to advise and consent on Obama’s nominees, as it is absolutely and beyond caveat the Senate’s prerogative to do. Thus, despite the fact that the Senate isn’t even dragging its feet on these appointments, and despite the fact that the Senate has been adamant that it is not in recess, Obama has arrogated to himself the power to declare the Senate in recess for them and short circuit the entire Constitutional process for Senate confirmation of Constitutional officers.
This is nothing less than an assault by President Obama on the entire institution of the Senate. And it appears to serve no purpose other than Obama telling the Senate that he will do whatever he darn well pleases.
I can safely say that this is the ballsiest thing I have ever seen a President do that served absolutely no meaningful purpose at all. If Congress – and I am including Congressional Democrats in this – takes this lying down, it will set a breathtaking precedent and instantaneously demolish a significant part of Congress’ relevance. Consider that if Congress allows this to stand, then the next Republican President might just announce Jay Sekulow for his next SCOTUS appointment, and then two weeks later when the Senate breaks for the weekend, declare them in recess and appoint him to the Court. If Democrats consider this to be an undesirable view of the future, I would suggest that they figure out a way to cooperate with Republicans in making Obama pay a very real price for this blatant slap at their constitutional authority.
Victoria Coates
Daniel Horowitz
Say goodbye to the Constitution
banzaibob (Diary) Wednesday, January 4th at 9:13PM EST (link)It is either the ballsiest by the President or the most spineless by the Congress.
The sound of crickets is deafening.
Prefiero morir de pie que vivir de rodillas
It’s better to die upon your feet than to live upon your knees!
Emiliano Zapata
asdf
kestrel9001 Thursday, January 5th at 10:32AM EST (link)Recess Appointments by recent presidents:
29……Barack Obama
171….George W. Bush
139….President Bill Clinton
77……George H.W. Bush
243….Ronald Reagan
President Obama is far and away the least likely president to invoke this power. There is absolutely nothing unconstitutional about it.
re asdf
chrisnj Thursday, January 5th at 10:51AM EST (link)That may be kestrel, but the Senate in this case is NOT in recess, which makes Zero’s claim of privilage in this case, expressly illegal, and outside those powers allowed to him by the States and by the peopleas outlined in the Constitutional document.
He is hoping I am sure, that no one will bother to say ‘boo’, and the precident will be set.
It’s not ballsiness – it’s a bald-faced power grab.
You libs liked to moan endlessly about George W “shredding the Constitution”.
It seems plain now that those were crocodile tears you were shedding.
t’s not ballsiness – it’s a bald-faced power grab.
bgintn Thursday, January 5th at 11:48AM EST (link)The Cordray appointment and the three appointments to the National Labor Relations Board without Senate approval is an example of a desperate President.
The President gave warning of his intentions to preside over an imperial presidency for the next year. “What I’m not gonna do is wait for Congress,” he said. “So wherever we have an opportunity and I have the executive authority to go ahead and get some things done, we’re just gonna go ahead and do ‘em.” The President now, though, seems to have made a significant course correction. With these latest illegal, unconstitutional appointments, the President has jumped at an opportunity to act regardless of the fact that he has no executive authority to do it. And under his feet is a trampled Constitution and 100 years of precedent for which he has no use. It’s time for Congress and the American people to take a stand against President Obama’s abuse of power. – The Heritage Foundation
The reason, he realizes that he will not be able to be President. This is his last year to ram his agenda through.
Number Three of Four Appears To Be First.
Read the lawsuits, note they are Certification Class Action Lawsuits.
The Liberty Legal Foundation
http://libertylegalfoundation.org/
And also that these are not directed directly at Obama but at the failures in the certification.
It is time for our Represenatives to step up and stop him, not later, now!
We are doing our part, when are they going to do theirs?
Man up!
jacobite Friday, January 6th at 11:42PM EST (link)With all respect, don’t complain about somebody shedding crocodile tears when you haven’t removed his eyes. No profanity intended, but these people are working 24/7 to make you a slave. Google “Patrick Henry” and “House of Burgesses” if you can’t figure this out by yourself.
Your rather dubious point is completely irrelevant to the conversation.
Mike Ferguson (Diary) Thursday, January 5th at 11:15AM EST (link)Recess appointments happen, every president uses them. Since you seem to have missed the point, or more likely are just trolling willful ignorance, the point is that he can’t make the appointment when the senate is not in recess. The senate has been meeting every 2 days, with the permission of the Democratic Majority Leader I might add, therefore they are not in recess, a tactic which was first started by……Oh yea, the Democrats to keep GWB from doing recess appointments that they didn’t like.
In my reading of the constitution the recess appointment power is actually only meant for the President to be able to fill critical positions that occur while they congress is in recess, such as the death of a major position holder during the holiday. That is not how it has been used in practice, so on that point I digress.
Stating that other Presidents have made recess appointments and even more recess appointments is nothing more than a liberal propaganda attempt to deflect from the actual issue at hand.
I would also point out that Obama’s statement of “I will not take no for an answer.” pretty much says it all. Obama needs to be reminded that, yes, he is the President, however he is JUST the President, not King, Emperor, nor Ruler.
Anyway, I have wasted more words and energy that I really meant to on an obvious troll who will not listen anyway.
Good Day and God Bless
Mike
Let us be sure that those who come after will say of us in our time, that in our time we did everything that could be done. We finished the race; we kept them free; we kept the faith.
Ronald Reagan
I think you miss the point here. None of the other Presidents
ihateliberals Thursday, January 5th at 4:56PM EST (link)declared on their own that the Senate was in recess. Keep in mind this is not a Republican thing because the Senate is controlled by the Democrats. Harry Reid himself is the one that has the power to recess the Senate. He is adamant that the Senate has not been adjourned. None of the Presidents you named disregarded the constitution to make the appointments not even ill Clinton. Even President Reagan’s appointments were later scrutinized by the Senate and either received approval or were rejected. While he had a great number of recess appointments he did not disrespect the American people by trashing the Constitution. Barrack Hussein Obama has absolutely no respect for this country or anyone in it. He doesn’t even respect the authority of his own party leadership within the Senate. He just gave them and Harry Reid a big slap in the face. I guess the bottom line here for those that claim this is okay is that Liberals look at the constitution as an obstruction to their agenda of taking America down to her knees. How unpatriotic and disrespectful to the process of law and the constitution could one be.
NOW can we start talking about Federalism?
DerKrieger (Diary) Wednesday, January 4th at 9:19PM EST (link)http://www.redstate.com/derkrieger/
Or do we wait until we are wearing real and not just metaphorical chains?
It’s obvious to even the most obtuse that the GOP is simply unwilling and unable to confront and stop this madman.
Today he has continued his Cloward-Piven strategy of overwhelming the GOP, the meda, and all that oppose him. He is doing so much, so fast that we can’t keep up.
Even if we get a GOP POTUS and capture the senate we won’t get 60 votes and the socialists will filibuster every bill aimed at rolling back the leviathan.
Have we lost? Is this the price of GOP cowardice and timidity?
I have NEVER feared for my liberty like I do right now. NEVER!
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison
Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690
This changes nothing.
Bill S (Diary) Wednesday, January 4th at 9:36PM EST (link)This has nothing to do with states’ rights, nor does it change anything with respect to the courts overriding the rights of states to drive laws that are beyond the scope of the federal government.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins
You're right
DerKrieger (Diary) Wednesday, January 4th at 9:49PM EST (link)The NLRB is wholly constitutional and the states should allow the board to run roughshod over their businesses.
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison
Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience.” — John Locke, 1690
If you really believe that I have a toll bridge that I will sell you!
davesinsanantonio (Diary) Thursday, January 5th at 5:04AM EST (link)nt
So much for the theory that the 2013 Republican Senate will constrain a reelected Obama.
deVere Wednesday, January 4th at 9:21PM EST (link)nt
Isn't it amazing how one ugly fact can destroy a beautiful theory?
davesinsanantonio (Diary) Thursday, January 5th at 5:06AM EST (link)n/t
I was reading the Ace of Spades piece on this earlier...
acat (Diary) Wednesday, January 4th at 9:22PM EST (link)Drew’s piece here and Ace’s follow-up and .. I gotta agree with Drew.
This is a campaign move.
Obama intends to run against McConnell, Boehner, and a “Do-Nothing Congress”, even if he has to castrate Harry Reid to set the stage.
I part company with them over what the reply should be .. I’d suggest Congress immediately strip all funding from the CFPB, and threaten the funding of any other department complying with requests from CFPB.
Congress, after all, has the power of the purse. Let them use it. Who knows, maybe even Harry Reid can prove he’s got half a nut left….
Mew
——

Caveat Suffragator
Sorry, acat... Congress cannot defund the CFPB.
roscopico (Diary) Wednesday, January 4th at 9:44PM EST (link)It is my understanding the CFPB derives its funding from the Fed.
Even worse, Cordray, who the limp-wristed golfer just illegally inserted to the head of CFPB will serve until the end of 2013.
Mark Calabria at Cato is linked and quoted in the HotAir piece stating that “that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”. A recess appointment is not a Senate confirmation”.
This might be something… but it’s going to require lawyers.
And as far as thinking the Senate will do a darned thing about it? Bet they’ll scream and wail when we return the favor in the future using the precedent they just established.
Im Himmel gibt’s kein Bier…
You greatly underestimate Congress.
jakeofalltrades (Diary) Wednesday, January 4th at 9:54PM EST (link)CFPB exists under their Constitutional authority. Congress can do whatever it wants to them.
It could even – with a voice vote – declare their very currency unlawful, and then issue new currency. That would de-fund, no?
LOL---not a realistic solution now is it?
JSobieski (Diary) Wednesday, January 4th at 9:57PM EST (link)First, they would never do it.
Second, it would be stopped by a Presidential veto.
My rules of the road for primary season.
Rule #1: Vote for YOUR first choice in the primaries
Rule #2: Vote for the R in the general.
Rule #3: Don’t let anyone convince you to violate Rule #1 or Rule #2
Rule #4: When in a center-right argument, reaffirm Rules #1-#3–it will help us all to get along better.
Rule #5: If you are using the language of the left, you probably aren’t furthering conservativism
Rule #6: The priority is issues first, candidates second, and supporters third. Nobody is bigger than the issues. Conversely, if you spend your time focusing on supporters, you are wasting everyone’s time.
STOP THE MADNESS!
A reduction in the rate of spending increases is NOT a cut!
In-state tuition for illegals is NOT amnesty!
Requiring someone to pay their medical bills is NOT an individual mandate!
Reducing tax rates is NOT a tax increase!
Third - the market might ignore Congress
jakeofalltrades (Diary) Wednesday, January 4th at 10:00PM EST (link)Which is why I said “unlawful” rather than “illegal”, but still, totally in deep space, true.
I think we may need a government shut down in 2013---whether or not we elect a R president
JSobieski (Diary) Wednesday, January 4th at 10:02PM EST (link)but I am going to buy some one way tickets to New Zealand … just in case
My rules of the road for primary season.
Rule #1: Vote for YOUR first choice in the primaries
Rule #2: Vote for the R in the general.
Rule #3: Don’t let anyone convince you to violate Rule #1 or Rule #2
Rule #4: When in a center-right argument, reaffirm Rules #1-#3–it will help us all to get along better.
Rule #5: If you are using the language of the left, you probably aren’t furthering conservativism
Rule #6: The priority is issues first, candidates second, and supporters third. Nobody is bigger than the issues. Conversely, if you spend your time focusing on supporters, you are wasting everyone’s time.
STOP THE MADNESS!
A reduction in the rate of spending increases is NOT a cut!
In-state tuition for illegals is NOT amnesty!
Requiring someone to pay their medical bills is NOT an individual mandate!
Reducing tax rates is NOT a tax increase!
I'm always in favor of a government shutdown
jakeofalltrades (Diary) Wednesday, January 4th at 10:08PM EST (link)Provided veterans benefits and debt maintenance are sustained as required under the Constitution.
I’d love for the American people to learn how little governing the
nannygovernment actually does.Professor Gingrich taught that class last time....
acat (Diary) Wednesday, January 4th at 10:12PM EST (link)Were you in it? I was.
Mew
——

Caveat Suffragator
Rush was my Teacher's Assistant :)
jakeofalltrades (Diary) Wednesday, January 4th at 10:16PM EST (link)My stepdad – USAF Lt. Colonel and a VA ophthalmologist – was a federal employee at the time – the kind that slipped through the cracks. He didn’t get paid on furlough. And he didn’t get to stay home either.
He still supported the shutdown
Cordray can only serve til end of 2012
GregInFla (Diary) Thursday, January 5th at 12:05AM EST (link)Recess appointments are onyl good til the end of the session, which is December 2012. If this is a recess appt, that’s the limit. See original post above.
– A true evolutionist would let endangered species die off. Think about it.
– The sign outside the courthouse said no signs allowed. So I took it down.
– Atlas Shrugged is now on the non-fiction aisle at Amazon.
This is confirmation appointment by law
elayman Thursday, January 5th at 6:46AM EST (link)The text of the Dodd-Frank law [that created the CFPB] states that the director’s powers will not take effect until the CFPB director “is confirmed by the Senate.”
ONLY till 2012?
mirac777 (Diary) Thursday, January 5th at 6:51AM EST (link)Does anyone really understand the dangers of this not-elected radical puppet and the power he will hold thanks to Dodd Frank bill? Unlimited, unchecked power to close banks and give them to the likes of leftist power-brokers like Soros and company. Taxpayers take the loss and crony-capitalists get control of all our banks. Ever heard of Indy Mac, which is now West One bank?
http://conservativedailynews.com/2011/12/u-s-banks-being-taken-over-using-chavez-style-manipulation-part-2/
Control the banking and you control the country.
United we stand…. Divided we fall.. into the pits of Socialism.
Resistance is "feudal"
geoph Thursday, January 5th at 8:30AM EST (link)I see many have suggested withholding funds, but our Congress wont even defund Cowboy Poetry.
I also see much being made about the Seperation of Powers, but Congress has been ceding power at least Marbury V Madison.
There is no GOP/Republican/Conservative leadership in this Congress. Tsar after Tsar, Executive order after Executive order, Bill after Bill, Law after Law, Continuing Resolution after Continuing Resolution – the assault on the Constitution has received no rebuke.
A ruling class has been created, and both D and R’s populate it. I fear a populous outcry will not happen, and if the Prolateriate (yes, even those who make over $250K) leave it to those who comprise the Bourgeoisie to self-regulate, is to surrender one’s humanity and submit to kowtowing superiors.
Americans have been conditioned very well to accept the leadership of government.
Precedent
edintexas Thursday, January 5th at 11:46AM EST (link)According to what I read yesterday, both T. Roosevelt and Truman both made “recess appointments” when the Senate was meeting every third day and not in a declared recess. The twist they both apparently used was the same one Dear Leader used, this period of 2 days was the period between the Senate declaring the end of the session of Congress (the 111th IIRC, but I could be wrong on which Congress just ended) and the beginning of a new Congress (the 112th?). This shows the value of taking action against precedent setting, lest the precedent comes back to bite. Admittedly, the gambit is of at least somewhat dubious legal validity. But think of the damage that can be done until the courts rule (assuming the Republicans have the cojones to file, or a person with “standing” does so), or the appointment ends (I think the “session” ends at the end of 2012 with the election of a new House and new Senators.
Kowalski
edintexas Thursday, January 5th at 11:49AM EST (link)I also read that one Senate made it very difficult to do this routine, ending one session and beginning the next within 15 seconds of ending the first. It would be sad if the courts didn’t ensure this was not the only remedy for this usurpation.
They won't
ag8tor Thursday, January 5th at 7:32AM EST (link)use the purse string power. One only has to look at what they could do with O-care to see that these politicians (not congressmen) are all about themsleves. They have little or no regard for the poeple of this nation. If they did O-care would have never passed. It’s all a power trip. They will not push back against Obama for fear of being labeled by the media and the libs in general. Don’t know why this group of Reps are such powder puffs but it is incvreasingly obvious that Boehner et. al. are not going to use the power they have to rectify what this out of control administration does. As has been said, this congress has certainly earned the name “Do Nothing” by their in-action. “O” and his minions will continue their abuse of the Constitution as long as the “Do Nothings” are scared to oppose what he is doing. It’s sickening. Congress needs a good cleansing!
This is very bad....
nathanalbright (Diary) Wednesday, January 4th at 9:24PM EST (link)….but if Congress lies down they might just become superfluous like the Roman Senate.
Until Obama starts paying the military out of his own pocket, I wouldn't worry about it.
jakeofalltrades (Diary) Wednesday, January 4th at 9:27PM EST (link)The founders have that scenario covered.
That's a good point, I agree.
nathanalbright (Diary) Wednesday, January 4th at 11:36PM EST (link)But if that happens we’re in a good deal more trouble. This is bad enough.
This!
hobiecat Wednesday, January 4th at 9:24PM EST (link)This is what gives candidates like Ron Paul ammo. The guy’s a kook but legislation like this just imboldens the conspiracy NWO people.
“Pay no attention to that man behind the curtain”. The Wizard of OZ
When conspiracies start to look plausible...
nathanalbright (Diary) Wednesday, January 4th at 11:35PM EST (link)…that’s when a republic is in trouble.
When conspiracies look plausible?
hobiecat Thursday, January 5th at 12:41AM EST (link)Exactley. Like I said. This is why folks like Pat Buchannon and Ron Paul get legs. Hell, I almost baught into it. Ear candy for the politically ill-informed.
But given the choices by the RNC and what you see in the news, what do you expect?
“Pay no attention to that man behind the curtain”. The Wizard of OZ
There should be an immediate move by the House
ohiohistorian (Diary) Wednesday, January 4th at 9:48PM EST (link)There should be an immediate move by the House against President Obama. The man is behaving illegally, and should be called on it. Articles of impeachment would be drawn up except that Boehner is too terrified that he will look like the 1998 Speaker of the House (remember who that was? Gingrich is NOT the right answer).
Being a life-long resident of the State of Ohio, I will tell you that Richard Cordray is a politician’s politician, and will need to borrow Obama’s watch to tell him what time it is. Nevertheless, this worthless hack was not confirmed by the Senate, and should not be appointed.
Note that Obama cannot wait for a recess period (one of which just passed), but needs to stick it up the nose of the people of the US to show you that HE is better than the Constitution. What an egomaniac! And Dems think he is even the boil on the skin of a real politician?
Suit should be filed in whatever court immediately after Obama appoints him, to bar Cordray and all members of his staff from being paid.
This is really important to Obama. He will be using the Democrats Dodd-Frank bill to take apart our free enterprise system some more. Without a useful idiot like Cordray, Obama might have to do some work himself, and he might miss a vacation or some golf.
““Liberals tend to put the onus of your success on society and conservatives on you and your family.”
—Dennis Prager
R U Kidding?
ag8tor Thursday, January 5th at 7:40AM EST (link)This congress bring impeachment charges? They are so scared of Chavez II that they will stay in their offices with the doors shut until after the election. They would rather have a tin pot dictator running the country than lose their job. Don’t count on the do-nothings fo any help!
The congress won't fight for our liberties until they see their constituents fighting
ColdWarrior (Diary) Thursday, January 5th at 11:00AM EST (link)for their liberties.
Boehner and Cantor and all the rest coast to primary victories year after year.
They do not see conservatives uniting and organizing locally at their local Republican Party committee meetings to become voting members of the Party so they can elect better, more conservative Party officers/leaders and be in the best position to GOTV for real conservative challengers to the incumbents in the all-important, traditionally-very-low-turnout primary elections.
It’s up to “we the [conservative] people” to get organized and united politically where in really matters: inside the Republican Party locally where we live. Half of the precinct committeeman slots are still vacant. Still, about one-third of the precincts across America, in every state, have not even one Republican precinct committeeman. Until this changes significantly, don’t expect any fight from our Congress against our skinny little freak who thinks he’s a dictator and is now acting like one.
Thank you.
ColdWarrior
In 2012, will YOU become a “voting member” of the Republican Party in your precinct?
Where it all started. Twitter @kaltkrieger
Unified Patriots.
Learn how to GOTV at The Concord Project and at Procinct and
So what can we the people do?
honorable (Diary) Wednesday, January 4th at 9:58PM EST (link)Is any Legal foundation planning to file a federal law suit and asking for temporary stay order? We can not let the illegal and illegitimate appointee cause the irreversible damage to the Republic.
Yell at your congressional representatives.
anotherindyfilmguy (Diary) Thursday, January 5th at 6:02AM EST (link)and try to vote out the O.
Otherwise not much to do in a legal sense since a court might rule that the average person’s standing is represented by Congress in this matter and if Congress does nothing then we’re witnessing a very bad side of history in the making.
Santorum? Well, at least he’s not Romney…
http://www.zazzle.com/enemy_of_the_statist_tshirt-235977043035297478
Nice move, Hugo.
NightTwister (Diary) Wednesday, January 4th at 10:18PM EST (link)Will Congress stop him, or will they continue to cede their power to a budding dictator?
The best argument against democracy is a five-minute conversation with the average voter. – Winston Churchill
He's doing it because he knows the GOP has no balls
Change Jar Conservative (Diary) Wednesday, January 4th at 10:44PM EST (link)After the two-month tax two-step, why shouldn’t Obama do this?
Does Ron Johnson or Rand Paul or Marco Rubio have the balls to shut the Senate down?
********
Formerly know as “Oz” in these parts
Easy answer...
ag8tor Thursday, January 5th at 7:41AM EST (link)NO!!!!!!
Exacto-Mundo, CJC
funwithknives Thursday, January 5th at 1:28PM EST (link)*This is a Test. Do not attempt to correct the image before you. This is Only a Test*
Reduced to it’s simplest terms this is Hegelian Dialectic brought home for all to see, but who is gonna’?
Establishing a new normal starts with a L o n g first step and that is what has been done here. since by example The GOP is a proven Non-Street fightin’ bunch Barry sees weakness, and tests their resolve.
{isn’t this kinda what Iran is doing?}
Where’s some “stones”, when you want them?
And This Third World Wannabe Dictator
goodolboy Wednesday, January 4th at 10:45PM EST (link)had the gall to say in a speech in Ohio that if Congress did not do what he wanted it to do in what he thought was best for the people he would bypass Congress. And the idiots on the platform behind him were clapping and cheering. Answer me this: If he were an avowed, out in the open Marxists, what would he be doing differently than what he is doing now?
I submit he does not know that he is violating the Constitution because he has never been taught US History. When he was a LECTURER at the U of Chicago, not a professor as the media says, he taught the Constitution as a living breathing document that should have given the government more powers and not tried to limit its actions.
If anyone has extra cahones please send them to the Republicans in DC because they are in dire need of some.
The Left's attitude toward the Senate...
renl57 Thursday, January 5th at 8:15AM EST (link)…in recent years is that the Senate is an antiquated, obstructionist, undemocratic institution that ought to be abolished anyway. They hate the Senate for being able to filibuster against any part of their agenda.
They absorbed this idea by osmosis from the Green Party USA, which for years championed the idea of a unicameral Congress (House only, no Senate).
So of course they were cheering Obama. If Obama had called for a Constitutional Amendment to abolish the Senate, you would have heard them cheer even louder.
Hopefully, the Senate's insistence on retaining power
aesthete (Diary) Thursday, January 5th at 12:59AM EST (link)overwhelms its passive nature and natural tendency towards foolishness.
The act of defending any of the cardinal virtues has today all the exhilaration of a vice – G.K. Chesterton
It's a win-win for the O.
anotherindyfilmguy (Diary) Thursday, January 5th at 5:37AM EST (link)He’s in a large part running against Congress because it’s something he, and more importantly, his backers/handlers/advisers etc likely see as the easiest way to score political points and positive soundbites without consequences…
If Congress overturns by legislation it becomes a nasty fight that the O’s team can spin as “obstructionist opposition” etc. If Congress does nothing then it is essentially weak and worthless and people have no real sympathy for the perception of someone as weak in politics.
The problem for the R candidates is while they can bash the O for this to the choir, if Congress let’s it go then their silence undoes anything good that might otherwise come from it.
The only way the O really loses in this scenario is if he is impeached on multiple counts that include essentially all of the major scandals of his administration along with this. Personally I think it be awesome for the alleged constitutional scholar to be busted out being the kind of power grabbing wannabee dictator that the constitution is meant to impede from grabbing power.
Santorum? Well, at least he’s not Romney…
http://www.zazzle.com/enemy_of_the_statist_tshirt-235977043035297478
The House should immediately defund
gumbi5 Thursday, January 5th at 6:41AM EST (link)NRLB and the Consumer Financial Protection Bureau. Make all recess appointments into voluntary positions until and unless approved by the Senate. And while they’re at it, make the czar positions completely voluntary as well…. Let them earn what they’re worth = NOTHING!!
Romney would never
mirac777 (Diary) Thursday, January 5th at 6:45AM EST (link)have the balls to do this, so anyone thinking the Rep POTUS will, is nuts. However president Santorum, or Gingrich or Perry certainly would. Meet the new Treasury Secretary, Grover Norquist , the Labor Secretary Rush Limbaugh, the new DOJ Chief Darrell Issa and the new SCOTUS member Thomas Sowell. All appointed during first recess of Congress 2013. Lets roll!
United we stand…. Divided we fall.. into the pits of Socialism.
You don't fight socialism with fascism
renl57 Thursday, January 5th at 8:18AM EST (link)Since we’re all agreed that what Obama did was constitutionally dubious, why are you demanding that the GOP do some constitutionally dubious things of its own?
“We believe in the Constitution, but we like taking revenge even more”???
Constitution? We don't need no steenking Constitution!
hwgood Thursday, January 5th at 6:50AM EST (link)If he can make this fly, then he can just make all the recess appointments he wants at night. Just wait until the congresscritters have gone home for the day and make a “recess” appointment.
He said he wanted to run this country the way the Chinese government runs things.
Stunning, deliberate ignorance
davej728 Thursday, January 5th at 7:06AM EST (link)According to the Congressional Research Service, President Ronald Reagan made 240 recess appointments, President George H. W. Bush made 77 recess appointments, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and as of December 8, 2011, President Barack Obama had made 28 recess appointments.
Must we continue to deliberately ignore this history? You think that this hypocrisy and ignorance gets us anywhere with the mainstream voter? No wonder our chances of victory in the POTUS race this year is virtually nil.
Hi there, davej728. I assume you are an idiot.
roscopico (Diary) Thursday, January 5th at 7:33AM EST (link)While your post might have been intended as sarcasm, let me point out a couple things to you.
The hypocrisy lies with the COOTUS on this one, since as recently as 2010 they were of the stated opinion that pro forma sessions blocked horse crap like this.
Based on this fact, buddy, these weren’t “recess appointments” by the COOTUS.
Im Himmel gibt’s kein Bier…
Yes davej728, you are stunningly and deliberately ignorant.
mbecker908 (Diary) Thursday, January 5th at 8:53AM EST (link)You don’t even understand what the issue is.
Since this is your first comment, it certainly should be your last.
See ya, troll
Leon H. Wolf (Diary) Thursday, January 5th at 10:20AM EST (link)And have fun ignoring the history where the practice of holding the Senate in pro forma session was instituted by the Dems as a means of keeping GWB from making recess appointments.
————
We can’t stop here. This is bat country.
That's the 2nd one.
uselogic Thursday, January 5th at 12:51PM EST (link)Mental midgets posting talking points tthe Dems must’ve blasted out to their useful idiots. Subject line….”How to defend our Dear Leader.”
On The Other Hand, Him sure is funny!!
funwithknives Thursday, January 5th at 1:34PM EST (link)You just gotta admire levity( or what ever he calls it)
He had such promise….
Just a Symptom of a Broken System
moderatelymoderate Thursday, January 5th at 7:08AM EST (link)IMHO, this action by Obama is just the latest in a tit-for-tat partisan game surrounding Presidential appointments for some time now. I understand the frustration from people who think he’s going outside the system, but it feels like crocodile tears when we were openly rooting for as much from Bush five years ago. Fix the procedure and you’ll fix the problem.
A Presidential appointment deserves a vote. Period. Congress can slow-walk legislation if they want to under the: “My Legislation, My House, My Rules, Neener Neener” doctrine, but I think a Presidential appointment to a vacant position ought to require action by Congress within some timeframe, say 30 days. Vote them down one after the other if you need to make your point, but I don’t want to see the precedent of filibustered nominations extend to positions with actual duties if we should win in 2012. Imagine the Democrats filibustering any and all defense-related appointments until “Waterboarding is illegal, punishable by life in prison” is made the law of the land.
We’ve been on a bad road for Presidential appointments, this was the inevitable consequence. If it wasn’t President Obama now, it likely would have been President GOP in 18 months. Let’s just fix this and move on to winning the election.
I believe the Senate is not in recess!
dewey44 Thursday, January 5th at 8:35AM EST (link)When George Bush did this, the Senate was in recess.
Dewey V Rotruck Jr.
Moderate, I believe that the founders
richp89 Thursday, January 5th at 2:12PM EST (link)felt it was important to allow congress to not take action on appointments. My reasoning is that for making laws they specifically required the Presidnet to take action within ten days or they would become laws as if they were signed by him. It stands to reason in my mind that if they felt it was important for the senate to promptly confirm the Presidents appointments then they would have made a time requirement in that case as well.
I think our problem is that we need to stick to the letter of the law instead of allowing precedent to circumvent the true intent of our laws. Like the old saying goes, two wrongs do not make a right. Just because it has been done before and someone got away with it should not make it allowable in the future. It is kind of like training dogs or raising kids. If your are not consistent with your laws then they end up biting you or running all over you and feeling they are justified because you never enforced your own laws in the past.
Ironically we are seeing exactly what our founders knew and tried to prevent. Men are no angels. People need government to protect people’s rights because men are no angels. The powers of government are limited and granted by the people because men are no angels and some will do bad things with the power they do have some knowingly and some not. We have to reign it in. I just wish I had faith in Americans to do that. Too many of us are asleep or don’t care or believe what the left and progressive/moderate right is doing is humane and best for all. We are blind. I don’t think this ends well. Our founders felt that our constitution wouldn’t last and it seems they were right. I believe our founders buit the best system they could. Why can’t we just stick to it?
It's not crocodile tears. Either path advocated
The_Gadfly (Diary) Saturday, January 7th at 7:51AM EST (link)by Republicans under Bush fell within the confines of the Constitution while what The Big 0 just did is clearly unconstitutional and if we had proper representative who were governing according to it would result in his immediate impeachment, conviction, and removal from office, even if that does leave us with smiling Joe the Idiot as CinC. As Leon CLEARLY outlines at the beginning of his article, the Senate is in SESSION. The two paths advocated by Republicans over the filibusters under Bush were:
1) The Senate votes to change its rules.
2) The President sues to force the Senate to abide by the letter of the consitution on appointments.
On the first, the Senate clearly has the right to change its rules unless the rules are otherwise specified in the Constitution. Since they are not, if the Senate votes to approve appointments by a simple majority, those are the new rules. The wisdom of changing those rules is the only debating point. While Republicans would suffer somewhat in out years, I think we’d gain more in in years.
The second is a bit more tricky. I think it is a valid argument, and were I President, I would pursue it. The existence of explicit supra-majority formulas in the Constitution to me implies that unless such requirements are stated, the presumption is that they be simple majorities. Furthermore, the way the Constitution is worded, I think there is an implied duty on the part of the Senate to vote on appointments in a timely manner. The filibuster prevents both. That being said, I grant that both items are not explicitly granted, and there are strong arguments against that position and it would be risky.
Now, I do concur that this session, like the ones under Bush, is a sham session and something ought to be done to prevent them in the future. Having said that, there are once again two possible courses of action:
1) Amend the constitution so that unless the Senate is actively conducting business, it will be regarded as being in recess.
2) Sue Congress in court to force them to adjourn unless the are actively conducting business.
The problems with the first are obvious. A snowball has a better chance of being around for a month than changing rules about Congress have of getting 2/3 approval in Congress. I think the second has a fair chance, but it’s at best a 60-40 thing in favor. Moreover, it would require actual WORK on the part of the current administration, not the simple aggregation of more power to its current occupants.
Neutered
paco12348 Thursday, January 5th at 7:26AM EST (link)When Congress fails to fight to protect their 1/3 of the power of the government then our Democracy has failed. The Judicial branch is out of control and the Executive branch is out of control and the Legislative branch has ceded it’s powers.
The President needs to be impeached and the Judicial branch needs to be called to task for the laws they have passed that have created havoc in America through the misinterpretation i.e. separation of church and state, plus others.
Newt Gingrich is the only candidate seeing the dangers to this country from the Judicial System and he sees our government needs a good shaking up from top to bottom. We either take back control or we let Obama have the bloodless coup he and his Socialist friends are working toward.
Impeachment?
rolandday Thursday, January 5th at 7:35AM EST (link)“The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.”
The President has made recess appointments when Congress is NOT in recess. By so doing, the President has defied the Constitution and seized powers reserved to Congress. One wonders what it will take to move the House of Representatives to consider articles of impeachment.
Roland Day
Impeachment now!
dewey44 Thursday, January 5th at 8:33AM EST (link)Congress should reconvene and begin articles of impeachment.
Dewey V Rotruck Jr.
Oh yes, you must be correct,
powertothepeople (Diary) Thursday, January 5th at 8:41AM EST (link)Lets piss the nation off with another Clinton Fiasco when we have nowhere near enough votes to accomplish it, could not get it completed by the time we can just vote him out, and waste time and money we can not afford to waste in the doomed endeavor.
Impeachment, the call of the brain damaged moron.
dewey44 gets the "Look How Stupid I Am!!" award.
mbecker908 (Diary) Thursday, January 5th at 8:50AM EST (link)List 67 votes in the Senate for impeachment. If you can’t, give your mom her lap top back and zip up.
The season brings out every pathetic fool from under the rocks.
And, what PttP said.
Break out the Bananas
jrg50 Thursday, January 5th at 8:06AM EST (link)Don’t know about you guys, but I’m getting real tired of BO’s R-Kelly Impersonaltion of P*ssing on everything he disrespects. Both the Constitution and the people are covered in urine from this despot, and we’re supposed to grin and bear it?
Recess appointments are a given….under Recess circumstance…this was not the case here.
How much more can he shove down our collective throats in the name of our mutual benefit.
Those we’ve elected, need to scream to high Heaven about this and use it in the ‘Dump this Loser’ Rhetoric they should be peddaling from the campaign pulpits.
Imperialism, anti Constitution
dewey44 Thursday, January 5th at 8:31AM EST (link)This arrogant wannabe king must go and tomorrow would not be too soon. Disregard our Constitution, inciting class warfare, treason, and we could go on and on, this man should be impeached for these offenses against our great Republic.It is time for a revolution because of these recess appointments in the guise of protecting the middle class.
Dewey V Rotruck Jr.
Resistance is feudal
geoph Thursday, January 5th at 8:35AM EST (link)(I’m sorry I mis-posted this earlier)
I see many have suggested withholding funds, but our Congress wont even defund Cowboy Poetry.
I also see much being made about the Seperation of Powers, but Congress has been ceding power at least Marbury V Madison.
There is no GOP/Republican/Conservative leadership in this Congress. Tsar after Tsar, Executive order after Executive order, Bill after Bill, Law after Law, Continuing Resolution after Continuing Resolution – the assault on the Constitution has received no rebuke.
A ruling class has been created, and both D and R’s populate it. I fear a populous outcry will not happen, and if the Prolateriate (yes, even those who make over $250K) leave it to those who comprise the Bourgeoisie to self-regulate, is to surrender one’s humanity and submit to kowtowing superiors.
Americans have been conditioned very well to accept the leadership of government.
This amounts to the Communist, Barack Obama,
veritaseequitas Thursday, January 5th at 9:22AM EST (link)giving the finger to the American people and the leaders they have elected to do their business in DC. Whatever we do and whoever we nominate to do it with, we need to make sure The Communist is denied further access to the WH this year. The people who are going around saying and posting that if their candidate doesn’t get the GOP nomination, they will vote for The Communist, need to suck it up and vote GOP anyway. Anybody is better than The Communist, including the goofy Ron Paul.
Just like Latin American dictators though I think
johnt Thursday, January 5th at 9:26AM EST (link)we could wind up worse. A truly evil man, made and supported by an equally evil media. The leftie netroots will love this. Why?, because they will be told to love this.
The stench of fascism grows worse, the danger more obvious, and 2012 looks more ominpus today than even before. And to me it didn’t look good then.
It might be advisable for the GOP candidates to not waste too much money on what could be a useless, empty campaign. As I have said before, win or lose Benito Obama may not be leaving the WH.
National emergency you see.
“a man’s admiration for absolute government is proportinate to the contempt he feels for those around him”. Tocqueville
Blatant Frontal Assault on Constitution is Obama in campaign mode
politicalwoman (Diary) Thursday, January 5th at 9:33AM EST (link)so that now you know what you can expect from the upcoming campaign season, which will go down as one of the most brutal in history.
Cordray was appointed during the Summer of 2011, and his appt was filibustered by Senate Republicans, who wanted changes to the Consumer Protections bill. No problem with that in my opinion. The Dems used this same procedure to block Bush appointments to the Courts, so much for their outrage.
However, lest anyone think that the Senate Democrats are going to join with the Republicans in their anger over this end run, according to a piece in the LA Times, Reid gave his blessing to the President for this end run.
So..
tommyzax Thursday, January 5th at 10:00AM EST (link)Do Something About it Congress!
drdan4congress.com
Recess is not recess unless Senate is recessed.
willrho Thursday, January 5th at 11:31AM EST (link)To say Obama has make fewer recess appointments is the same as the cow jumped over the moon in relation to not recessed appointments.
A Blatant Frontal...
drifter Thursday, January 5th at 1:19PM EST (link)Can any of this possibly be a surprise from an administration that has shown that it and it’s Justice Department are more than willing to break felony criminal laws to carry out their socialist agenda of destruction?
So we now know Obama's 2012 campaign slogan
mspector (Diary) Thursday, January 5th at 1:32PM EST (link)I read that Obama’s campaign was having some trouble coming up with a campaign slogan for 2012, but this event gives him one: “What Are You Going To Do About It?”
“Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.” (Thomas Paine)
“A friend of mine was asked to a costume ball a short time ago. He slapped some egg on his face and went as a liberal economist.” (Ronald Reagan)
Recess Season
med151 Thursday, January 5th at 10:02PM EST (link)The senate is always in recess this time of year. It’s the season for recess appointments. Get over it.
You're either a liar, ignorant fool, troll, or all of the above.
SoFiMil (Diary) Friday, January 6th at 12:10AM EST (link)The Senate is not in recess.
www.suvstrategery.blogspot.com
You've been banned.
Bill S (Diary) Friday, January 6th at 12:28AM EST (link)Get over it.
“It’s such a fine line between stupid, and clever.” – David St. Hubbins