President to use recess appointment for CFPB :-)

[Intense]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

Off the topic I know but it's one of the great weaknesses of our system. When we had honest politicians (or at least politicians who were not beholden to party but to their people) the system worked fine. Now we have largely party hacks who care no more for you and I than they do for them and they. Unless you have overwhelming numbers, nothing gets done.

So we have nothing being done.

We desperately need a Constitution that spells out the rules for the legislators since they are not mature enough to manage themselves. Look at what Harry Reid is doing. Shameful. And the same thing happened when the GOP was in the majority.

There is plenty of hypocrisy to go around.

Agreed, there is plenty of Hypocrisy on both sides and it only encourages more entrenchment. On the other hand, maybe by design, getting things done slowly limits the damage Government does, as in an application of enumerated powers. Think of how many laws are still on the books that should be long gone. Think how different life would be if the Tax Code was less than 100 pages, less than 50 pages. Convoluted is not always better. We need clarity of purpose in Government, not redundant overkill, with agencies tripping all over each other. Think Streamline rather than adding layer upon layer of Bureaucracy.

 

[daveman]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

No it empowers the Senate to exist under It's own Rules. You never seem to be able to connect the dots that are there Polk. Forget the imaginary dots for a moment, and try to focus on Separation of Powers and the Powers of the Senate. I know it's hard.

"But...but...but Obama can do no wrong!"

 

[Intense]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

No it empowers the Senate to exist under It's own Rules. You never seem to be able to connect the dots that are there Polk. Forget the imaginary dots for a moment, and try to focus on Separation of Powers and the Powers of the Senate. I know it's hard.

"But...but...but Obama can do no wrong!"

We are all human. In answer to your statement, he is starting to remind me of Humphrey Bogart in the Cain Mutiny. I think we have a confirmation on the location of RDeans Ball's.

[ame=http://www.youtube.com/watch?v=rUp3vhMSfZE]Chinese Health Balls in the Caine Mutiny - YouTube[/ame]
Chinese Health Balls in the Caine Mutiny

 

[Trajan]

The Constitution does not specify the length of time that the Senate must be in recess before the President may make a recess appointment. Over time, the Department of Justice has offered differing views on this question, and no settled understanding appears to exist. In 1993, however, a Department of Justice brief implied that the President may make a recess appointment during a recess of more than three days.10 In doing so, the brief linked the minimum recess length with Article I, Section 5, clause 4 of the U.S. Constitution. This “Adjournments Clause” provides that “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days ….” …

The historical instances cited here indicate that recess appointments have, on occasion, been attempted during sine die adjournments of three days or fewer. Nevertheless, the instances cited here each have unique characteristics, and their potential applicability under current practices and conditions remains open to question. 35 As far as can be determined, no succeeding President has made recess appointments under similar circumstances. The shortest recess during which appointments have been made during the past 20 years was 10 days.

In 2010, the Obama administration expressed its agreement with the three-day rule:

Mr. Obama’s own top constitutional lawyers affirmed that view in 2010 in another case involving recess appointments. Asked what the standard was for making recess appointments, then-Deputy Solicitor General Neal Katyal told the justices the administration agreed with the three-day rule.

“The recess appointment power can work in a recess. I think our office has opined the recess has to be longer than 3 days,” Mr. Katyal said.

Obama’s “Recess” Appointments | Power Line



and the italicized verbiage from the congressional research service.

http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0DP+P\W; P

 

[Polk]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

Article I, Section 5.

Which has no language defining what's a recess.

 

[Polk]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

No it empowers the Senate to exist under It's own Rules. You never seem to be able to connect the dots that are there Polk. Forget the imaginary dots for a moment, and try to focus on Separation of Powers and the Powers of the Senate. I know it's hard.

Perhaps you should focus on the fact that Senate rules don't allow a determined minority to disband agencies.

 

[daveman]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

Article I, Section 5.

Which has no language defining what's a recess.

No, it just defines exactly the procedure for calling it.

That procedure did not happen. Therefore, no recess. Obama overstepped his authority.

 

[Salt Jones]

How old are you people?

Old enough to know better, but it's too much fun.

Go get me some Popeye's, boy...

You must have me confused with Herman Cain or Alan West.

 

[Dot Com]

lol

 

[Dr.House]

Old enough to know better, but it's too much fun.

Go get me some Popeye's, boy...

You must have me confused with Herman Cain or Alan West.

No, Sambo, I don't...

Now get a move on, boy...

 

[Lakhota]

Jon Stewart Slams Republicans' Recess Appointment Outrage (VIDEO)

Call the Senate's bluff on recess appointments

 

[The T]

If Bush would have done this the Dem's in congress would have been on all the news stations and radio talking about Bush has abused the law and usurp the Constitution.

Looks from this that maybe the justice Dept is in opposition of this.

Big Dogs House » Blog Archive » Congress Won’t Hurt Economy So Obama Will

Remember Obama said in the open that he "won't wait for the Congress..." . He is doing just that.

Obama tells labor unions in Detroit he won’t wait on Congress over new jobs plan - The Washington Post

Obama Will Govern Without Congress

Obama says he’ll be taking ‘executive actions’ without Congress on ‘regular basis’ to ‘heal the economy’

Looks like his arrogance has taken over.

 

[JakeStarkey]

U.S. Constitution - Article 1 Section 5

--------------------------------------------------------------------------------

Article 1 - The Legislative Branch
Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

 

[candycorn]

For those claiming Obama is usurping the Constitution, please show which part defines what constitutes a recess. You can go look, or I can save you the trouble. It never defines a recess.

Off the topic I know but it's one of the great weaknesses of our system. When we had honest politicians (or at least politicians who were not beholden to party but to their people) the system worked fine. Now we have largely party hacks who care no more for you and I than they do for them and they. Unless you have overwhelming numbers, nothing gets done.

So we have nothing being done.

We desperately need a Constitution that spells out the rules for the legislators since they are not mature enough to manage themselves. Look at what Harry Reid is doing. Shameful. And the same thing happened when the GOP was in the majority.

There is plenty of hypocrisy to go around.

Agreed, there is plenty of Hypocrisy on both sides and it only encourages more entrenchment. On the other hand, maybe by design, getting things done slowly limits the damage Government does, as in an application of enumerated powers. Think of how many laws are still on the books that should be long gone. Think how different life would be if the Tax Code was less than 100 pages, less than 50 pages. Convoluted is not always better. We need clarity of purpose in Government, not redundant overkill, with agencies tripping all over each other. Think Streamline rather than adding layer upon layer of Bureaucracy.

I can agree with pretty much all of that. Pressed for time right now.

 

[Liability]

U.S. Constitution - Article 1 Section 5

--------------------------------------------------------------------------------

Article 1 - The Legislative Branch
Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

So they did not adjourn.

And if they didn't adjourn and they aren't in recess, then the President (as we know) based his "action" on a lie. His lie.

 

[Trajan]

U.S. Constitution - Article 1 Section 5

--------------------------------------------------------------------------------

Article 1 - The Legislative Branch
Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

I already posted this on the previous page hello, post #548.

and this is like the 4th time I am posting htis, they passed the tax holiday bill during the 'pro forma' session that obama is now pretending wasn't a session.....for god sakes.

 

[Mustang]

U.S. Constitution - Article 1 Section 5

--------------------------------------------------------------------------------

Article 1 - The Legislative Branch
Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

I already posted this on the previous page hello, post #548.

and this is like the 4th time I am posting htis, they passed the tax holiday bill during the 'pro forma' session that obama is now pretending wasn't a session.....for god sakes.

How could the House pass a bill during a pro forma session

You're being disingenuous at best. For the House to pass the holiday tax bill, there would have had to be a minimum of 218 House members present. That happened before Christmas. Two weeks later, how many members of the House are actually even in Washington DC to show up for a pro forma session? Two or three, maybe?

 

[daveman]

U.S. Constitution - Article 1 Section 5

--------------------------------------------------------------------------------

Article 1 - The Legislative Branch
Section 5 - Membership, Rules, Journals, Adjournment

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

I already posted this on the previous page hello, post #548.

and this is like the 4th time I am posting htis, they passed the tax holiday bill during the 'pro forma' session that obama is now pretending wasn't a session.....for god sakes.

How could the House pass a bill during a pro forma session

You're being disingenuous at best. For the House to pass the holiday tax bill, there would have had to be a minimum of 218 House members present. That happened before Christmas. Two weeks later, how many members of the House are actually even in Washington DC to show up for a pro forma session? Two or three, maybe?

We're talking about the Senate, genius. They passed the payroll tax holiday on January 3rd.

 

[Mustang]

I already posted this on the previous page hello, post #548.

and this is like the 4th time I am posting htis, they passed the tax holiday bill during the 'pro forma' session that obama is now pretending wasn't a session.....for god sakes.

How could the House pass a bill during a pro forma session

You're being disingenuous at best. For the House to pass the holiday tax bill, there would have had to be a minimum of 218 House members present. That happened before Christmas. Two weeks later, how many members of the House are actually even in Washington DC to show up for a pro forma session? Two or three, maybe?

We're talking about the Senate, genius. They passed the payroll tax holiday on January 3rd.

His post didn't specify to which chamber he was referring. Considering that the HofR was the holdout on approving the measure, I think my assumption that he was referring to the House is quite understandable.

Additionally, genius, the Senate vote was essentially a conference committee and not the full Senate.

-- Pursuant to the order of 12/23/2011, Senate appointed conferees. Baucus; Reed; Cardin; Casey; Kyl; Crapo; Barrasso.
-- Message on Senate action sent to the House.

 

[daveman]

How could the House pass a bill during a pro forma session

You're being disingenuous at best. For the House to pass the holiday tax bill, there would have had to be a minimum of 218 House members present. That happened before Christmas. Two weeks later, how many members of the House are actually even in Washington DC to show up for a pro forma session? Two or three, maybe?

We're talking about the Senate, genius. They passed the payroll tax holiday on January 3rd.

His post didn't specify to which chamber he was referring. Considering that the HofR was the holdout on approving the measure, I think my assumption that he was referring to the House is quite understandable.

Additionally, genius, the Senate vote was essentially a conference committee and not the full Senate.

-- Pursuant to the order of 12/23/2011, Senate appointed conferees. Baucus; Reed; Cardin; Casey; Kyl; Crapo; Barrasso.
-- Message on Senate action sent to the House.

And yet, oddly, despite Obama and his sycophants' petulant hissy fits, the Senate is not in recess.

Period.