Court puts doubt on president’s appointments in recess

Jroc

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Oct 19, 2010
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These appointments are unconstitutional..Hopefully these appointments will be nullified:cool:


A federal appeals court cast doubt Wednesday not only on President Obama’s controversial January recess appointments but on most such appointments, using oral arguments to question whether presidential powers can ever be used unless Congress has officially adjourned for the end of a year.

If they end up ruling that broadly, it would mark a major break with decades of accepted practice and conceivably would call into question scores of government decisions made by officials appointed under recess powers.

The case stems from Mr. Obama’s Jan. 4 decision to appoint three members to the National Labor Relations Board, making an end run around senators who had been holding up confirmation of the nominees.

Mr. Obama argued that since the full Senate wasn’t meeting regularly, it was technically in an intrasession “recess.” But two judges on the U.S. Court of Appeals for the D.C. Circuit questioned that, saying the Constitution could be read to allow such appointments only in the intersession recesses after Congress goes home at the end of each year.

“Once you remove yourself from the principles set forth in the Constitution — intersession versus intrasession — you are adrift,” said Judge Thomas B. Griffith.


Court puts doubt on president
 
Article II, Section 2 of the U.S. Constitution: "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."

good luck with that :thup:
 
Article II, Section 2 of the U.S. Constitution: "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."

good luck with that :thup:

Obama can't declare congress in recess
 
Article II, Section 2 of the U.S. Constitution: "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."

good luck with that :thup:

I love how Republicans say Democrats don't follow the constitution, yet get mad when they follow the Constitution.
 
Because the Constitution unambiguously gives the Senate the power to regulate its proceedings, Obama’s opinion that the Senate was not in session when it said it was, and his assertion that it was in recess even though it held sessions on Jan. 3 and 6, has no force or relevance. And although he is a serial scofflaw, not even he has asserted the authority to make recess appointments during adjournments of three days or fewer.
 
Would it be asking too much to just wait until the court makes its ruling? Anything before then is mere speculation which is nothing more than an excuse to vent.
 
Would it be asking too much to just wait until the court makes its ruling? Anything before then is mere speculation which is nothing more than an excuse to vent.

No, it's an example of how the fight goes on in the face of an extra Constitutional president.
 
These right wingers on this board are fucking retarded

The left thinks the right is retarded, and the right thinks the left is retarded. The middle thinks both are retarded(in some ways anyway)
 
Would it be asking too much to just wait until the court makes its ruling? Anything before then is mere speculation which is nothing more than an excuse to vent.

Sure would be.

The very first order from the Left is "be quiet! No opposition voices allowed!!"


Your version: "No mere speculation allowed!"
 
Would it be asking too much to just wait until the court makes its ruling? Anything before then is mere speculation which is nothing more than an excuse to vent.

Sure would be.

The very first order from the Left is "be quiet! No opposition voices allowed!!"


Your version: "No mere speculation allowed!"


Y'all are just gonna work yourselves up into a tizzy over nuthin' again.

You seem to be very good at that. Doesn't the stress of always being angry and frightened wear on you after awhile?
 
I have a problem with the the Bullshit sessions anyway. But it was the Senate Democrats who started holding the bullshit sessions to stall President Bushes nominees from being approved. President Bush decided not to challege it. President Obama did. Turn about is fair play. Be careful the table don't turn someday.
 
Would it be asking too much to just wait until the court makes its ruling? Anything before then is mere speculation which is nothing more than an excuse to vent.

Sure would be.

The very first order from the Left is "be quiet! No opposition voices allowed!!"


Your version: "No mere speculation allowed!"


Y'all are just gonna work yourselves up into a tizzy over nuthin' again.
You seem to be very good at that. Doesn't the stress of always being angry and frightened wear on you after awhile?

Supporting those who are attempting to save the republic is not "nothing" in my book
 
Article II, Section 2 of the U.S. Constitution: "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."

good luck with that :thup:

Obama can't declare congress in recess

You have to excuse Del. She isn't terribly bright. That's why she can't post more than two sentences.

Anyway, only the respective houses can declare themselves in recess. And Obama is in a Catch-22. If they were in recess, then the legislation they passed and he signed is invalid. If they were not in recess, then his appointments are unconstitutional.

With any luck Chief Justice Roberts will get his head out of his ass for this one.
 
These appointments are unconstitutional..Hopefully these appointments will be nullified:cool:


A federal appeals court cast doubt Wednesday not only on President Obama’s controversial January recess appointments but on most such appointments, using oral arguments to question whether presidential powers can ever be used unless Congress has officially adjourned for the end of a year.

If they end up ruling that broadly, it would mark a major break with decades of accepted practice and conceivably would call into question scores of government decisions made by officials appointed under recess powers.

The case stems from Mr. Obama’s Jan. 4 decision to appoint three members to the National Labor Relations Board, making an end run around senators who had been holding up confirmation of the nominees.

Mr. Obama argued that since the full Senate wasn’t meeting regularly, it was technically in an intrasession “recess.” But two judges on the U.S. Court of Appeals for the D.C. Circuit questioned that, saying the Constitution could be read to allow such appointments only in the intersession recesses after Congress goes home at the end of each year.

“Once you remove yourself from the principles set forth in the Constitution — intersession versus intrasession — you are adrift,” said Judge Thomas B. Griffith.


Court puts doubt on president

Activist judges...
 
They were meeting

the Senate was meeting every third day, specifically to deny him the chance to make appointments.

No, they were not meeting. A couple of people would show up for about 30 seconds. Just long enough to pound a gavel and immediately adjourn.

Please explain how that meets the Constitutional requirement of the Senate to "advise and consent".

.
 

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