"Obama Uses Executive Authority to Make Recess Appointment - While Congress is Still in Session" (Dodd, dictators)

[HistorianDude]

Originally Posted by Cavaturaccioli

No. The Constitution, for which this president has no respect. You like this sort of thing? Just remember that what goes around comes around.

Since when is a recess appointment unconstitutional?

[florida.bob]

Originally Posted by doctrain

So you like living under a Dictatorship, eh?

The Prez has a duty to the Constitution and people of America to bypass Legislators who have consistently blocked the Senate from doing it's job. Let Americans decide if he is correct in doing this in Nov.

[Cavaturaccioli]

Originally Posted by HistorianDude

Since when is a recess appointment unconstitutional?

When tradition holds that the Senate has to be out of session for more than three days, which Republicans respected when the dems made a point of meeting every three days to block Bush from making recess appointments.

[padcrasher]

Originally Posted by HistorianDude

Since when is a recess appointment unconstitutional?

The "claim" is that there was a "pro forma" session going on a the time which prevents Obama from appointing.

[padcrasher]

Originally Posted by Cavaturaccioli

When tradition holds that the Senate has to be out of session for more than three days, which Republicans respected when the dems made a point of meeting every three days to block Bush from making recess appointments.

Stop your bogus act as if you care for "Tradition".

You hate Obama and you'll use any fake political outrage to smear him.

Produce one single post of your where you have take the GOP to task for breaking with "tradition"?

[HappyTexan]

I'm telling ya, I'm going to have to bookmark this thread in case a Repub gets into the WH next year.
Because....what is good for the goose is good for the gander.

[GreenGene]

Actually, President Obama didn't use the very brief period of time that existed yesterday between the closing of one session of the Senate and the beginning of another. He could have - other Presidents have done so. According to a report by the Congressional Research Service,

When the first session of the 58th Congress ended, at noon on December 7, 1903, and the second session began soon thereafter, President Theodore Roosevelt made over 160 recess appointments—mostly of military officers.

Instead, according to the Washington Post:

Obama didn’t take advantage of that loophole. Instead, the Wall Street Journal reports, White House lawyers have simply concluded that this Republican “pro forma” strategy is irrelevant and that they can recess-appoint Cordray anyway. As a side bonus, recess-appointing Cordray now rather than yesterday means his appointment will last through the end of 2013, rather than through the end of 2012.

I would think that the President's actions will be challenged in court. It should make for an interesting case ...

“The crux of the matter here is that the Constitution doesn’t tell us what constitutes a recess,” explains Sarah Binder, a political scientist at George Washington University. The practice of recess appointments has mainly worked off precedent, particularly a 1993 Justice Department memo suggesting that Congress has to be in recess for longer than three days before an appointment can be made. “But there’s no constitutional source to go back to,” says Binder.

Seems to me that a new precedent has been set.

And for anyone interested, the CRS report is very informative.

[Willsson]

Originally Posted by HappyTexan

I'm telling ya, I'm going to have to bookmark this thread in case a Repub gets into the WH next year.
Because....what is good for the goose is good for the gander.

Be sure to bookmark Justice Kagan also...

...then-Obama Solicitor General Elena Kagan wrote to the Supreme Court on April 26, 2010: “Although a President may fill such vacancies through the use of his recess appointment power … the Senate may act to foreclose this option by declining to recess for more than two or three days at a time over a lengthy period. For example, the Senate did not recess intrasession for more than three days at a time for over a year beginning in late 2007.”

[Clark Park]

I am curious.

There are some folks who have stated that this appointment made by Obama is "outrageous," "unconstitutional," and will be legally challenged. Okay.

My question is this: if these charges are true, will the appointment be invalidated and overturned? If so, when?

I am patient, I am happy to wait to see how this plays out.

My guess is this story will be forgotten in a month or two. An challenge to the appointment will not be sustained.

[florida.bob]

Originally Posted by GreenGene

Actually, President Obama didn't use the very brief period of time that existed yesterday between the closing of one session of the Senate and the beginning of another. He could have - other Presidents have done so. According to a report by the Congressional Research Service,

Instead, according to the Washington Post:

I would think that the President's actions will be challenged in court. It should make for an interesting case ...

Seems to me that a new precedent has been set.

And for anyone interested, the CRS report is very informative.

It will likely end up in Court and the phony pro forma sessions, stopped. Until then, we need Govt to function.

Call the Senate's bluff on recess appointments