Article

2012-01-04 Home Front: Politix

Obama Makes Unconstitutional Recess Appointment In Defiance Of US Senate

Archived material is restricted to Rantburg regulars and members. If you need access email fred.pruitt=at=gmail.com with your nick to be added to the members list. There is no charge to join Rantburg as a member.

Posted by Anonymoose 2012-01-04 12:58|| || Front Page|| [8 views ] Top

#1 Any US senator can now sue Obama in federal court, and win, and though since Marbury v. Madison (1810), the president cannot be compelled to personally obey court decisions, and often dont, his appointee would be stripped of any and all powers given to him by Obama.

In effect, he could give no legal order, make no regulation, or do much of anything with the force of government behind him. As well, any of his subordinates would be in the same position. Any order attributed to him would be automatically null and void.

Posted by Anonymoose 2012-01-04 13:00|| 2012-01-04 13:00|| Front Page Top

#2 But they'd all get a salary, benefits and pensions.

Posted by Mullah Richard 2012-01-04 13:34|| 2012-01-04 13:34|| Front Page Top

#3 If that's the case, will any Senator sue? what would be the downside?

Posted by Aware of History 2012-01-04 14:46|| 2012-01-04 14:46|| Front Page Top

#4 I keep saying this: it's time to grab a few people and hang them, so the rest will learn to respect the rights of the people. As long as we let the professional political class get away with this sh$$, they'll do things like this. Begin with Eric Holder and Harry Reid, and work both ways up and down the power chain until the Constitution is restored. Remember ALL the second paragraph of our Declaration of Independence, not just part of it.

Posted by Old Patriot 2012-01-04 16:47|| 2012-01-04 16:47|| Front Page Top

#5 O's playbook is to game the system. The appointment is bait for the Repubs to oppose him and to play politics, discrediting them as obstructionist.

The issue is constitutional, as Congress is not in recess, to this should be opposed by all congress critters. If O gets away with this, it means congress has not fulfilled its responsibilities under the constitution. They are the same as O.

Posted by Alaska Paul 2012-01-04 17:29|| 2012-01-04 17:29|| Front Page Top

#6 If O gets away with this, it means congress has not fulfilled its responsibilities under the constitution

you mean like that 1000 days without a budget from the Senate?

Posted by Frank G 2012-01-04 17:44|| 2012-01-04 17:44|| Front Page Top

#7 That's one of them, Frank. Also sitting on their hands while O makes war on Libya. Congress sat on their well fed duffs while abrogating their responsibilities.

Posted by Alaska Paul 2012-01-04 19:24|| 2012-01-04 19:24|| Front Page Top

#8 The first thing a new nation does to declare independence from a tyrant is to create a Constitution via a convention of representatives of its people. The most important thing a tyrant is to do is to ignore or destroy that constitution "for the good of the people".

Posted by Unush Panda7572 2012-01-04 19:43|| 2012-01-04 19:43|| Front Page Top

#9 The Second Amendment was not put there to protect the people's ability to go skeet shooting.

Posted by Glenmore 2012-01-04 19:46|| 2012-01-04 19:46|| Front Page Top

#10 The technicality is what Obama is betting on. Essentially, Obamas claiming that he gets to decide whether pro forma sessions of the Senate amount to real sessions for purposes of recess appointments; that sure sounds like a violation of separation of powers insofar as each branch typically sets its own rules. Plus, the names of the three NLRB appointees were only sent to the Senate three weeks ago. They havent been filibustered, so theres no obstruction yet. So eager is President Working Class Hero to start off an election year by defying Congress that he picked this fight before he had to. If Obama has the power to decide when the Senate is or is not in session then he can claim weekends are "not in session". This power grab is extremely dangerous.

Posted by Deacon Blues 2012-01-04 20:08|| 2012-01-04 20:08|| Front Page Top

#11 The constitution seems to be fairly clear - and neither the house nor senate have "adjourned" per their rules, which they are allowed to set by the Constitution, over which Obama has NO constitutional reach. So Obama is in breach of his oath. They should sue and get an immediate order forbidding the appointees from doing ANYTHING until their status in office is decided.. The arrogance of Obama continues to be astounding. If that man wants to push things to civil war, and people taking up arms specifically against him, he's going about it pretty effectively - he's got some folks I know boiling angry, saying things I have to remind them would get them a secret service visit.

Posted by OldSpook 2012-01-04 20:37|| 2012-01-04 20:37|| Front Page Top

#12 And while they are at it, I would love to see some House member sue the Senate for failing to submit a budget, in contravention with their own regulations and LAW that they themselves passed. over 1000 days since Harry Reid last passed a budget. The entire Democrat party is beginning to resemble a nothing more than a criminal enterprise.

Posted by OldSpook 2012-01-04 20:40|| 2012-01-04 20:40|| Front Page Top

#13 Um....since when has the Demonrat party been anything BUT a criminal enterprise?

Posted by Silentbrick - Halliburton Lost Drill Bit Division 2012-01-04 21:22|| 2012-01-04 21:22|| Front Page Top

#14 "The entire Democrat party is beginning to resemble a nothing more than a criminal enterprise."

Beginning, OS?

Posted by Barbara 2012-01-04 22:18|| 2012-01-04 22:18|| Front Page Top

23:55 Slomp Oppressor of the Faeries1490
23:51 Thing From Snowy Mountain
23:35 Slomp Oppressor of the Faeries1490
23:34 USN, Ret.
23:22 Thing From Snowy Mountain
23:22 Pappy
23:16 Steven
22:55 Slomp Oppressor of the Faeries1490
22:53 tu3031
22:34 Frank G
22:18 Barbara
22:17 Redneck Jim
22:16 Barbara
22:11 mom
22:02 JosephMendiola
21:54 SteveS
21:39 JosephMendiola
21:32 Super Hose
21:27 JosephMendiola
21:22 Silentbrick - Halliburton Lost Drill Bit Division
21:21 JosephMendiola
21:17 Scooter McGruder
21:15 JosephMendiola
21:12 Super Hose