High court limits president's appointments power

[rightwinger]

Bush made more than 170 recess appointments.

Of course St. Raygun has him beat with 240.

The number of appointments is irrelevant.

Bush and Reagan didn't decide that Congress was in recess, then make illegal appointments. Obama did. That is why he got his ass handed to him, unanimously, for the 12th time.

It is when you say "Democrats blocked most of Bush's appointments". They didn't. They eventually came to a compromise with Bush too. Eventually the Democrats realized(aftger the GOP kept beating them over the head with it) that there was no compromise coming for Obama and took action themselves to stop the obstructionism.

Harry Reid needs to end the filibuster of appointments once and for all.

 

[Avatar4321]

So the Chief Executive didn't know the Constitution??? I thought he taught Constitutional law at Harvard?

He didn't teach at harvard.

 

[depotoo]

An FYI, as of last July-
Senate's confirmed 1,560 Obama nominees, 6 cabinet picks this year | Mobile Washington Examiner

Senate Republicans today offered a reality check to Democrats claiming that the GOP has blocked confirmation votes on President Obama's nominees, producing a list showing that 1,560 presidential picks have been confirmed since Obama took office.In the face of a threat from Senate Majority Leader Harry Reid to "go nuclear" and bust the rules on how presidential nominees are considered, the GOP also noted that the Senate has approved six of Obama's cabinet picks in just the last six months.

Senate Minority Leader Mitch McConnell's spokesman Don Stewart's email to the media said, "Since this president first took office, the Senate has confirmed 1,560 nominations. In fact, there are only a handful that are still on the Executive Calendar (you can peruse it here, along with the short periods of time they've been pending before the full Senate. But prepare to be disappointed that you've been lied to about how many nominees are 'waiting for years'). And don't even get me started on judicial nominations--you'll see there are only THREE still pending before the full Senate even though there are scores of vacancies."He noted in the email that the confirmations that have occurred since January when Reid pledge not to use the nuclear option.--The Secretary of Energy was just confirmed, 97 to 0.--The Secretary of the Interior, 87 to 11.--The Secretary of the Treasury, 71 to 26.--The Secretary of State was confirmed, 94 to 3 -- just 7 days after the Senate got his nomination.--The Secretary of Commerce was confirmed, 97 to 1.--The Secretary of Transportation was confirmed, 100 to 0.--The Director of the Office of Management and Budget was confirmed, 96 to 0.--The Administrator of the Centers for Medicare and Medicaid Services was confirmed 91 to 7.--The Chair of the Securities and Exchange Commission was confirmed by voice vote - in other words, unanimously.And, he said, Reid has the power to schedule votes on other nominees.
!,,,,,,,,,,
The problem here is he knew resistance for this individual would probably prevent his confirmation and in his over zealous need did not wait for the Senate to be in announced recess, as the Constitution requires.

 

[Little-Acorn]

Bush and Reagan didn't decide that Congress was in recess, then make illegal appointments. Obama did. That is why he got his ass handed to him, unanimously, for the 12th time.

The usual liberals seem to be desperately ignoring this fact.

 

[LadyGunSlinger]

In Scalia's opinion.

Scalia's opinion is now a Clause within the United States Constitution?? REALLY???? The word need never appeared in the clause to begin with..MY GOD.. you ******* people.. It's called the Originalist INTENT - HIS opinion is founded upon what he construes the Originalist to have meant.. NOTHING WAS RE-WRITTEN in the US Constitution..

Yes, it was his opinion that there is no longer a need for the clause.

Good lord, is it that hard a concept to grasp?

You and your liberal dumbass cohorts claimed he changed the US Constitution.. LMAO Nice try at moving the goal posts..

 

[Avatar4321]

Kind of a no brainer on this one. Not surprised it's unanimous. The President doesn't have the right to declare the Senate out of session for the sole purpose of making illegal recess appointments.

And he was usurping the Constitution by trying to appoint people without Senate confirmation while the Senate was in session

 

[Sallow]

how President Obama "usurped the US Constitution" in the matter of NLRB recess appointments

(yawn) He made "recess appointments" when the Senate was not in recess....

The Senate was in recess.

Republicans were pulling a bullshit trick by keeping it open.

There was one guy there and nothing happening.

Careful what you wish for, by the way. It's not always going to be a Democratic President.

 

[sealybobo]

WASHINGTON (AP) -- The Supreme Court has limited a president's power to make temporary appointments to fill high-level government jobs.The court said Thursday that President Barack Obama exceeded his authority when he invoked the Constitution's provision on recess appointments to fill slots on the National Labor Relations Board in 2012.

News from The Associated Press

according to ACLJ are now null and void because the window was too short-3 days, and they said they were in session.

Here's the facts. If the DEMS did this to the gop the gop would be FURIOUS and Fox and Rush would be crying non stop about what the Democrats are doing to them and the country. Remember the gop put war funding in every bill and if the DEMS didn't go along they weren't "supporting the troops"?

The problem is, the Democrats can't pull off this unpatriotic cheap slimy bullshit because the corporate media would expose them. Hell, the corporate media still hasn't told the public that bush lied us into iraq, his policies caused the great recession and global warming is for real.

 

[Avatar4321]

Well, they've written in MORE gridlock into the law.

I hope the American People are paying attention.

Vote in the midterms or we'll have more and more RW Supreme Court Judges and law-making like Citizen United.

I wish more American citizens paid attention and voted, every time it's possible.

I wish more people paid attention too. particularly to Citizens United. Because alot of you people have no freaking clue what it actually says.

 

[Sallow]

Kind of a no brainer on this one. Not surprised it's unanimous. The President doesn't have the right to declare the Senate out of session for the sole purpose of making illegal recess appointments.

And he was usurping the Constitution by trying to appoint people without Senate confirmation while the Senate was in session

The filibuster isn't constitutional.

Perhaps that should go away completely.

Closing down government is not in the constitution as well. Neither is a debt ceiling.

Hopefully this "usurping" of the Constitution goes away too.

 

[Zander]

how President Obama "usurped the US Constitution" in the matter of NLRB recess appointments

(yawn) He made "recess appointments" when the Senate was not in recess....

The Senate was in recess.

Republicans were pulling a bullshit trick by keeping it open.

There was one guy there and nothing happening.

Careful what you wish for, by the way. It's not always going to be a Democratic President.

Sorry bub, the SCOTUS ruled 9-0 that the Senate decides when it is in session, not the Executive. The Democrats invented the use of "pro-forma" sessions to stop Bush, now they are felling it's wrath




Next up- Illegal executive orders.

 

[Little-Acorn]

how President Obama "usurped the US Constitution" in the matter of NLRB recess appointments

(yawn) He made "recess appointments" when the Senate was not in recess....

The Senate was in recess.

When you lose the debate, lie. That seems to be sallow's technique here.

Supreme Court Limits President Obama's Appointment Powers - NationalJournal.com
In the view of the Court, as written by Breyer, "pro forma sessions count as sessions, not as periods of recess. We hold that, for purposes of the Recess Appointments Clause, the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business. The Senate met that standard here."

Better luck next time.

Careful what you wish for, by the way. It's not always going to be a Democratic President.

No Republican President ever made a "recess appointment" when the Senate was in session.

Your disgruntled whining is cute.

 

[Avatar4321]

it is a shame the the GOP is crippling our government by blocking appointees...

Why didnt you say the same when the Democrats blocked most of Bush's appointments?

Bush made more than 170 recess appointments.

Of course St. Raygun has him beat with 240.

Yes. And they were made while the Senate was actually on recess. Neither Bush nor Reagan had the audacity to proclaim the Senate out of session while they were having meetings and make recess appointments to avoid Senate confirmation.

 

[BlindBoo]

Scalia's opinion is now a Clause within the United States Constitution?? REALLY???? The word need never appeared in the clause to begin with..MY GOD.. you ******* people.. It's called the Originalist INTENT - HIS opinion is founded upon what he construes the Originalist to have meant.. NOTHING WAS RE-WRITTEN in the US Constitution..

Yes, it was his opinion that there is no longer a need for the clause.

Good lord, is it that hard a concept to grasp?

You and your liberal dumbass cohorts claimed he changed the US Constitution.. LMAO Nice try at moving the goal posts..

I made the claim based on Scalia's opinion. I don't make any claims for anyone else. So do you accept or reject his opinion that there is no longer a need for the recess appointment clause?

 

[Avatar4321]

AGAIN, The Recess Appointments Clause provides that “[t]he 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- where the **** is the word need??????

In Scalia's opinion.

Justice Breyer wrote the opinion.

 

[Avatar4321]

Kind of a no brainer on this one. Not surprised it's unanimous. The President doesn't have the right to declare the Senate out of session for the sole purpose of making illegal recess appointments.

And he was usurping the Constitution by trying to appoint people without Senate confirmation while the Senate was in session

The filibuster isn't constitutional.

Perhaps that should go away completely.

Closing down government is not in the constitution as well. Neither is a debt ceiling.

Hopefully this "usurping" of the Constitution goes away too.

I sincerely hope you figure out what we are discussing so you don't sound incredibly crazy with this red herring.

 

[depotoo]

Really? Go read my post 78 and 83. What Obama did was appoint him while the Senate was in session. It's against the law .
For the rest of your post.? Well, it speaks for itself, nothing but a conspiracy filled rant.

WASHINGTON (AP) -- The Supreme Court has limited a president's power to make temporary appointments to fill high-level government jobs.The court said Thursday that President Barack Obama exceeded his authority when he invoked the Constitution's provision on recess appointments to fill slots on the National Labor Relations Board in 2012.

News from The Associated Press

according to ACLJ are now null and void because the window was too short-3 days, and they said they were in session.

Here's the facts. If the DEMS did this to the gop the gop would be FURIOUS and Fox and Rush would be crying non stop about what the Democrats are doing to them and the country. Remember the gop put war funding in every bill and if the DEMS didn't go along they weren't "supporting the troops"?

The problem is, the Democrats can't pull off this unpatriotic cheap slimy bullshit because the corporate media would expose them. Hell, the corporate media still hasn't told the public that bush lied us into iraq, his policies caused the great recession and global warming is for real.

 

[Avatar4321]

Yes, it was his opinion that there is no longer a need for the clause.

Good lord, is it that hard a concept to grasp?

You and your liberal dumbass cohorts claimed he changed the US Constitution.. LMAO Nice try at moving the goal posts..

I made the claim based on Scalia's opinion. I don't make any claims for anyone else. So do you accept or reject his opinion that there is no longer a need for the recess appointment clause?

Except Breyer wrote the opinion. So it doesn't matter what Scalia's opinion says (if he even wrote one) because it's not the controlling opinion.

 

[hjmick]

Considering the differences between the way Congress works today compared to when the Recess Clause was written, I'd say the need for recess appointments should be limited to extreme cases only. Sudden, unexpected death for instance. An unannounced resignation. Natural disaster...



You get the picture.



I have never liked the way the clause has been used and abused.

 

[BlindBoo]

Why didnt you say the same when the Democrats blocked most of Bush's appointments?

Bush made more than 170 recess appointments.

Of course St. Raygun has him beat with 240.

Yes. And they were made while the Senate was actually on recess. Neither Bush nor Reagan had the audacity to proclaim the Senate out of session while they were having meetings and make recess appointments to avoid Senate confirmation.

So from now on Congress has the authority to usurp the Presidents Constitutional power by holding a one person phony session where no business is conducted every three days.
While all other members go home.

What goes around comes around.