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Obama sued over recess appointments

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Faster horses

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Today, Senate Republicans hired Miguel Estrada, the 2002 judicial nominee for the DC Circuit Court of Appeals filibustered by Senate Democrats, to press a lawsuit against the Obama administration. The lawsuit itself is based on President Obama’s non-recess “recess appointment” of political allies to the National Labor Relations Board (NLRB), which oversees management-union relations; it was originally filed by Noel Canning, a soft-drink business owner who sued the NLRB over its ruling that the company had to work with a labor union.

Senate Minority Leader Mitch McConnell came out firing today:
“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”

The Senate was technically in session when President Obama made his recess appointments; he unilaterally determined that there was indeed a recess. “The Senate should decide when the Senate is in session,” Sen. Roy Blunt (R-MO) stated.


http://www.breitbart.com/Big-Government/2012/04/17/Obama-recess-appointments-lawsuit
 

Tam

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How many times will Obama thumb his nose at the Constitution before the Congress realizes that he is not living up to his promise to uphold the US Constitution AND IMPEACH HIM :mad:
 

hypocritexposer

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Tam said:
How many times will Obama thumb his nose at the Constitution before the Congress realizes that he is not living up to his promise to uphold the US Constitution AND IMPEACH HIM :mad:


Next thing you know he'll be siging executive orders like that constitution disrespecting Bush :mad:
 
A

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Presidents since George Washington have made recess appointments. Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge subsequently attempted suicide and then resigned.

New Jersey judge William J. Brennan was appointed to the Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. This was done in part with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. President Eisenhower, in a recess appointment, designated Charles W. Yost as United States ambassador to Syria. Eisenhower made two other recess appointments, Chief Justice Earl Warren and Potter Stewart.

George H. W. Bush appointed Lawrence Eagleburger Secretary of State during a recess in 1992; Eagleburger had in effect filled that role after James Baker resigned.

According to the Congressional Research Service, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and as of January 5, 2012, President Barack Obama had made 32 recess appointments.

Did you all scream as loud about the Constitutionality when GW did 171 recess appointments? How about when Ike did them?

The real Constitutional issue here and the shame of the country is the dysfunctional Congress (Senate) that has decided playing partisan politics is more important than doing their constitutional duty to vote on these appointees- and allowing government to function...If they did their job- there would be no need for recess appointments or the question of when they are in recess or not...

The Senate needs a rule- requiring an up or down vote within 60 days of the appointment- and if they can't stop filibustering to allow a vote- the appointee is automatically confirmed....
 

hypocritexposer

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Oldtimer said:
Did you all scream as loud about the Constitutionality when GW did 171 recess appointments? How about when Ike did them?


you seem to have a reading problem



Senate Minority Leader Mitch McConnell came out firing today:
“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”
 
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hypocritexposer said:
Oldtimer said:
Did you all scream as loud about the Constitutionality when GW did 171 recess appointments? How about when Ike did them?


you seem to have a reading problem



Senate Minority Leader Mitch McConnell came out firing today:
“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”

If they are not there- and not holding daily sessions in the Senate Chambers- and fulfilling their constitutionally proscribed duties -- then they are in recess....

It will be interesting to see the SCOTUS decision...Especially when many of these Justices have had to set thru years of partisan bickering and partisan gamesmanship to be appointed themselves...
We could see my 60 day up or down time limit come to be legislated thru the judiciary since the Senate can't seem to fix their own problems..
 

Mike

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No one can defend Obama's appointments if they knew what the hell they are talking about. For OT to be here defending Obama because of the recess appointments Bush made is a very funny joke...........................

Shaking my head at his stupidity. :roll:


But Wednesday’s move took on a special significance because the Senate technically had not gone into recess. Instead, the Senate has been holding a series of pro forma (de facto) sessions every few days in order to technically avoid recessing. The sessions are only a few seconds long, where one presiding senator — usually from nearby states such as Virginia, Maryland and Delaware — gavels the Senate in and out and goes home for the day.

Senate Majority Leader Harry Reid (D-Nev.) began holding pro forma sessions periodically in Bush’s second term in order to prevent controversial recess appointments like Steven Bradbury being named to the top ranks of the Justice Department. The Bush administration protested the move, but the president didn’t make recess appointments during the pro forma sessions


Read more: http://www.politico.com/news/stories/0112/71089.html#ixzz1sSGfW766
 

hopalong

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Be nice to oldtimer, he can no longer understand simple things, his brain had been over cooked in alcohol
 

Tam

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Oldtimer said:
hypocritexposer said:
Oldtimer said:
Did you all scream as loud about the Constitutionality when GW did 171 recess appointments? How about when Ike did them?


you seem to have a reading problem



Senate Minority Leader Mitch McConnell came out firing today:
“The president’s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We will demonstrate to the court how the president’s unconstitutional actions fundamentally endanger the Congress’s role in providing a check on the excesses of the executive branch.”

If they are not there- and not holding daily sessions in the Senate Chambers- and fulfilling their constitutionally proscribed duties -- then they are in recess....

It will be interesting to see the SCOTUS decision...Especially when many of these Justices have had to set thru years of partisan bickering and partisan gamesmanship to be appointed themselves...
We could see my 60 day up or down time limit come to be legislated thru the judiciary since the Senate can't seem to fix their own problems..

When in the sam h*ll will you Leftards realize blaming the Republicans for not getting what Obama wanted done done will not work when he had a FILIBUSTER PROOF Senate and large Majority in the House when he first took office. IT WAS NOT THE REPUBLICANS STOPPING HIM IT WAS DEMOCRATS. He continues to campaign on the fact he has not been able to pass a budget and that is all the Republicans fault. Forget the fact his last two budgets went down due to ZERO VOTES of support. NOT ONE DEMOCRAT VOTED FOR THEM EITHER. But yet for idiots like you Oldtimer it is all the Republicans fault the US government is at a stand still. :roll:

After all the crap your incompetent Constitution busting hero has given the SCOTUS, I'm not sure I want to be him facing them when they have a chance to put him in his place. :wink:

Oh and let us not forget the OBAMA bills the Dems did get through that Filibuster Proof Senate and Majority in the House without bipartisan support COST OBAMA THE HOUSE in 2010. So calling the Republicans the party of NO is probably not a good Idea in the 2012 election season. :wink:
 

Lonecowboy

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Oldtimer said:
We could see my 60 day up or down time limit come to be legislated thru the judiciary since the Senate can't seem to fix their own problems..

legislated through the judiciary.... hmmmmmmmmm

"ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." Article 1 section 1 of our Constitution

say oldtimer ALL seems kind of like a totally encompassing word- when did the Judicial branch or the president get legislative powers?
 

hypocritexposer

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This is the US senate at work.

The empty seats belong to the Democrats


sen-budget-markup.jpg



This picture comes from yesterday’s so-called “mark-up session” of the Senate Budget Committee, a meeting which chair Kent Conrad helpfully promoted by declaring that he wouldn’t allow any votes to be taken on budgets.

http://hotair.com/archives/2012/04/19/picture-of-the-day-democrats-not-at-work/
 

Tam

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Lonecowboy said:
Oldtimer said:
We could see my 60 day up or down time limit come to be legislated thru the judiciary since the Senate can't seem to fix their own problems..

legislated through the judiciary.... hmmmmmmmmm

"ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." Article 1 section 1 of our Constitution

say oldtimer ALL seems kind of like a totally encompassing word- when did the Judicial branch or the president get legislative powers?

Constitution who needs a stinking old piece of paper when you have Obama in the White House and an Old fool in Valley County Montana defending his every move. :roll:
 

Tam

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If they are not there- and not holding daily sessions in the Senate Chambers- and fulfilling their constitutionally proscribed duties -- then they are in recess....
BTW Oldtimer since the Democrats have had a majority in the Senate for the past 6 years do the Republicans actually have the power to say when they are in Recess or is that a power that is reserved for the Party that has the Majority?

If the MAJORITY IE the DEMOCRATS had the power to call a recess so Obama could legally sidestep a Republican filibuster in the Senate with his appointments then why didn't REID the leader of the Democrats or Joe Biden Obama's VP who controls the Senate just call for a recess verses allowing Pro Forma Sessions that under Bush, Reid used to stop Recess Appointments?

Is this another case of Democrat infighting and the Republicans taking the friggin blame?
 

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