Doubling down: Obama follows Cordray recess appointment with three more to NLRB

posted at 5:12 pm on January 4, 2012 by Allahpundit

Ed saw it coming this morning and now here it is.

Between this and The One waging war in Libya without congressional approval — a move which his own lawyers found dubious, I remind you — I’m thinking the GOP really needs to run a guy next year with a less expansive view of executive authority. How about Dick Cheney?

The president used his power to name Sharon Block, Terence Flynn and Richard Griffin to the board, which arbitrates workplace disputes and federal labor issues. The controversial board — which drew fire from Republicans after its acting general counsel sided with an aircraft workers’ union in a dispute with aerospace giant Boeing — was in danger of becoming inactive when the term of Craig Becker, another Obama recess appointee, expired last month, depriving it of a quorum.

Block and Flynn are Democrats, while Griffin is a Republican.

“The American people deserve to have qualified public servants fighting for them every day – whether it is to enforce new consumer protections or uphold the rights of working Americans,” Obama said in a statement. “We can’t wait to act to strengthen the economy and restore security for our middle class and those trying to get in it, and that’s why I am proud to appoint these fine individuals to get to work for the American people.”

Labor unions, whose relationship with Obama had been strained recently, cheered the move.

Why would O risk a constitutional confrontation with Congress over something as minor as the NLRB or his new consumer board? Why, for the same reason he does everything: Because it might help him get re-elected. He’s going to run against a “do-nothing Congress” next year so he needs some dramatic examples of him heroically defying GOP obstructionism to serve the public good. And if that means taking a dump on the Constitution to help labor and impress middle-class voters, well, that’s just what strong, blue-collar presidents have to do sometimes. The legal argument against what he’s doing couldn’t be simpler, as David Freddoso explains. Essentially, Obama’s 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, but the beauty of this maneuver from Obama’s perspective is that he probably can’t be sued over it. Federal courts will refuse to rule on certain turf-war disputes between the executive and the legislature on grounds that they represent a “political question” that should be decided by voters, not by judges. I’m not sure if that’ll apply here — what happens when someone ends up suing Cordray on the theory that he was never constitutionally appointed? — but that’s what The One’s counting on.

So shameless is this power grab, in fact, that even John Yoo, whose name is a curse word on the left when it comes to executive overreach, thinks Obama went too far. Lefty Timothy Noah, who supports Cordray’s appointment, candidly admitted today at TNR that he can’t figure out how this could possibly be constitutional. (If Obama has the power to define when the Senate is and isn’t in recess, writes Noah, then he could theoretically treat every weekend of the year as a recess.) In fact, according to Mark Calabria at Cato, not only does the Cordray appointment flout the Constitution, it actually violates the terms of the Dodd-Frank statute pushed through by O’s own party:

More importantly the “recess” appointment of Cordray doesn’t solve the President’s problem. The Dodd-Frank Act is very clear, even a law professor can probably under this section, that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”. A recess appointment is not a Senate confirmation. Now don’t ask me why Dodd and Frank included such unusual language, they could have just given the Bureau the new authorities, but they didn’t. So even with this appointment, the CFPB won’t be able to go after all those non-banks, like the pay-day lenders and check-cashiers that caused the financial crisis (oh wait, those industries didn’t have anything to do with the crisis).

Meanwhile, Iain Murray at National Review reminds us that the names of the three NLRB appointees were only sent to the Senate three weeks ago. They haven’t been filibustered, so there’s 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.

Via CNS, here’s Carney warning the press corps yesterday that Obama was prepared to engage in unilateral executive action “small, medium, and large” to push his agenda. Let’s put this power grab in the “medium” category; “large” is reserved for wars like Libya that he’s undertaken without so much as a resolution of good luck from Congress. The more I think about this, the more it smells like O’s version of FDR’s court-packing plan, except (a) this is more constitutionally dubious and (b) this is transparently a cheap election-year pander. Exit question: What will the next Republican president use this exciting new precedent for, pray tell?

Update: Via Free Republic, enjoy this 2008 AP story describing how Democrats successfully used pro forma Senate sessions to block evil monarchical lawless cowboy president George W. Bush from making recess appointments of his own.

Update: Corrected a typo in the post above.


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What Obama just did was completely unconstitutional. The Republicans, who ostensibly are supposed to be the party that defends the constitution will of course do nothing except work hard as committing political suicide. If nothing else, Obama has been a wake up call to American’s, unfortunately, to many Americans are too accustomed to pushing that sleep button a few dozen times to many and will ignore this one as well. The Republicans are not our allies in that we can trust them to do what is right for America, they simply do what the democrats do, but in a different way, which is gain all the power to themselves that they can and screw the plebes.

astonerii on January 4, 2012 at 6:25 PM

Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution, which states:

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.

Wade on January 4, 2012 at 6:25 PM

He won.

SukieTawdry on January 4, 2012 at 6:26 PM

Please don’t let the fact that gwb made nearly 200 recess appointments interfere with your ill-informed, yet highly entertaining, discussion.

benny shakar on January 4, 2012 at 5:44 PM

Apparently you don’t know what “recess” means.

oldroy on January 4, 2012 at 6:27 PM

He won.

SukieTawdry on January 4, 2012 at 6:26 PM

Ready to rule.

INC on January 4, 2012 at 6:27 PM

Del Dolemonte on January 4, 2012 at 6:23 PM

Thanks for the tip Del
I dread the predictable wave of trolls that will show up to derail discussion this summer and fall.
I’ll probably get banned.

Mimzey on January 4, 2012 at 6:28 PM

O turns my stomach.

jeanie on January 4, 2012 at 6:29 PM

Perry wants to make Congress part time and you’re calling a couple recess appointments an executive power grab?

freshface on January 4, 2012 at 6:29 PM

Don’t forget to thank all the Republicans who stayed home in 2008 “to teach McCain and the Republicans a Lesson”. They have just as much guilt as those who voted for the guy.

Del Dolemonte on January 4, 2012 at 5:48 PM

but then we wouldn’t have had this object lesson of how a POTUS can run rampant. For too long, this country has been running without due regard to checks and balances. What would the FF have thot of all the extra-constitutional agencies that write and enforce laws enabling Congress to wash its hands of the political liabilities for laws that affect the governed without their consent?

Don’t blame us Constitutionalists. McVain would heartily betray us in matters that he deemed important, ie amnesty, cap and trade, bailouts and so on. Fortunately neither has rammed thru a blanket amnesty. As painful as all that has been done, amnesty is the one thing that can never be undone while all the others can be.

If there’s just one constitutional amendment that’s needed, it is the need to sunset all laws in 5, 11 and 17 years, depending on type. Why these #s? To move most outside of election cycles and politicize them so they always become a topic for campaigning. This should also help turnover the 535 princlings in Congress.

AH_C on January 4, 2012 at 6:29 PM

A fascist coup d’etat of the republic.

And he’ll get away with it, because the entire system of checks and balances built into the nation, couldn’t stand up to the lawlessness of the progressive movement.

Rebar on January 4, 2012 at 6:29 PM

The president used his power to name Sharon Block, Terence Flynn and Richard Griffin to the board, which arbitrates workplace disputes and federal labor issues…..

The president today abused his power to name Sharon Block, Terence Flynn and Richard Griffin to the board, which arbitrates workplace disputes and federal labor issues without the advise and consent of the Senatea direct violation of the Constitution—basically telling Congress and the American people F**K YOU, I AM KING.

Rovin on January 4, 2012 at 6:30 PM

Wade on January 4, 2012 at 6:25 PM

Hey, buttboy … read the article and then tell us when the Senate is in “recess”.

Jaibones on January 4, 2012 at 6:30 PM

Please don’t let the fact that gwb made nearly 200 recess appointments…
 
benny shakar on January 4, 2012 at 5:44 PM

 
And to think your vote counts the same as mine. Wow.

rogerb on January 4, 2012 at 6:31 PM

“The American people deserve to have qualified public servants fighting for them every day – whether it is to enforce new consumer protections or uphold the rights of working Americans,” Obama said in a statement.

Funny, doesn’t the Benevolent Dictator have a duty to protect the rights of ALL Americans?

You will know them by their words.

OhEssYouCowboys on January 4, 2012 at 6:32 PM

Wade on January 4, 2012 at 6:25 PM

… and the Senate is *not* in recess, so…

The Constitution is a dead letter, folks – we don’t need any further evidence (and this isn’t the first time Obama’s simply ignored/violated it).

If you imagine that Obama feels restricted in any way by the Constitution, you really should stop deluding yourself.

If Congress doesn’t do anything about this…

Midas on January 4, 2012 at 6:33 PM

The Constitution requires that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives has not given that consent and has been holding pro forma sessions every three days, forcing the Senate to do likewise. When Democrats controlled the Senate in the last two years of the Bush administration, they held these pro forma sessions during recesses precisely to prevent President Bush from using the recess appointment power, which he didn’t.

What say you benny shakar on January 4, 2012 at 5:44 PM ???

Wade on January 4, 2012 at 6:34 PM

Update: Via Free Republic, enjoy this 2008 AP story describing how Democrats successfully used pro forma Senate sessions to block evil monarchical lawless cowboy president George W. Bush from making recess appointments of his own.

This bears repeating for those folks that don’t read the posts and the updates.

oldroy on January 4, 2012 at 6:35 PM

I thought Scott Brown was supposed to be on our side. What makes this statement any different than what Elizabeth Warren would say?

Sen. Brown: I support Obama naming consumer chief…

Flora Duh on January 4, 2012 at 6:22 PM

Not a damn thing. Coming from Jersey, I always knew Brown to be a fill-in. The majority of folks in this region know one thing only–gubmint hand-outs. Sad, yet true.

One of many reasons I savoir the day I’m able to leave it.

-jt

jersey taxpayer on January 4, 2012 at 6:35 PM

Andrew McCarthy and Jonah Goldberg have some worthy contributions to make over at NRO’s “The Corner” on Obama’s brazen appointments.

onlineanalyst on January 4, 2012 at 6:36 PM

Hey look, it’s benny the teabagger.

Jaibones on January 4, 2012 at 6:36 PM

Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution, which states:

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.
Wade on January 4, 2012 at 6:25 PM

I guess we’ll just have to start using Obama’s definition of “in session”. Cordray’s appointment will end Friday since Congress will end their session for the weekend, right?

Zooid on January 4, 2012 at 6:36 PM

Going elsewhere, because at-length discussion of this will have me saying something that will get me banned from this bastion of free speech and conservatism.

Midas on January 4, 2012 at 6:37 PM

Please don’t let the fact that gwb made nearly 200 0 recess appointments when congress was in session interfere with your ill-informed, yet highly entertaining, discussion.

benny shakar on January 4, 2012 at 5:44 PM

PROOF
Figured I would correct your misleading stupid statement.

Now exactly who is ill-informed.

Steveangell on January 4, 2012 at 6:37 PM

Please don’t let the fact that gwb made nearly 200 recess appointments…

benny shakar on January 4, 2012 at 5:44 PM

And to think your vote counts the same as mine. Wow.

rogerb on January 4, 2012 at 6:31 PM

Back in 2008, MSNBC’s Exit Polling showed that O’bama won 70% of the High School Dropout Vote. That was a new alltime record. When some of us “researchers” discovered this and started to make it known in places like HA, they immediately wiped all of their 2008 Exit Polling data off their site. Wonder why?

You can still find 2008 Exit Polling from other “news” sources like CNN; they all show he got at least 61% of the HS Dropout Vote, which is what Algore got in 2000.

No other Presidential Candidates had ever done that well with that group. The must be so proud!

Del Dolemonte on January 4, 2012 at 6:38 PM

Via Free Republic, enjoy this 2008 AP story describing how Democrats successfully used pro forma Senate sessions to block evil monarchical lawless cowboy president George W. Bush from making recess appointments of his own.

Yeah, sure…but that only works if your opponents are citizens.

Jaibones on January 4, 2012 at 6:39 PM

And to think your vote counts the same as mine. Wow.

rogerb on January 4, 2012 at 6:31 PM

+1

-jt

jersey taxpayer on January 4, 2012 at 6:39 PM

The United States Constitution, Article II Section 2:

“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 Eng of their next session.”

Emphasis mine.

Any HONEST reader would interpret this to mean that the president can ONLY fill empty positions that occur DURING THE RECESS> bypassing the senate confirmation process. The Congress can stop this immediately by bringing articles of impeachment against the appointee upon the appointee’s taking the oath of office. I believe that only one of the appointees meet the constitutional criteria – the NLRB member whose term expired 31 December. Since the president has declared war on Congress and the American People, the House of Representatives should reply in kind.

It is obvious that no senate controlled by dirty harry reed will ever impeach a democrat and the impeachments would not be of Obama, who also could never be impeached by this senate. However, since obama would not be the one impeached, the marxist dimpcrapts could sh.t bricks with tha aid of the MSM and they would still look bad. If the House brings the impeachment charges, than the senate MUST try them.

Old Country Boy on January 4, 2012 at 6:40 PM

Perry wants to make Congress part time and you’re calling a couple recess appointments an executive power grab?

freshface on January 4, 2012 at 6:29 PM

Congress SHOULD be part time. It was never meant to be a full time job. The more they “work”, the more WE pay.

And again…..the Congress is still in session so they are not just recess appointments.

Zooid on January 4, 2012 at 6:40 PM

On Special Report tonight, some guy that worked for W thinks Obama has the high ground on this move. His “explanation” seemed to deal more with the political than the legal. The report also said that the Chamber of Commerce is probably going to file suit.

Cindy Munford on January 4, 2012 at 6:40 PM

Obama just opened the door to let faltering Gingrich back in the GOP race. If Gingrich goes after Obama, relentlessly, for violating the Constitution, he can pickup 10 percentage points in the next week. He, unlike Romney who is riding the crest of the wave, has much to gain by confronting Obama.

Say what you will about Gingrich but he’s frothing at the mouth to bring our child president down a peg or two. Obama’s gonna walk all over milktoast Romney. He doesn’t want a pitbull like Gingrich.

fogw on January 4, 2012 at 6:41 PM

Obama said in a statement. “We can’t wait to act to strengthen the economy…

Ever with the slogans, eh?

onlineanalyst on January 4, 2012 at 6:41 PM

I guess we’ll just have to start using Obama’s definition of “in session”. Cordray’s appointment will end Friday since Congress will end their session for the weekend, right?

Zooid on January 4, 2012 at 6:36 PM

I am sure you know this but I will restate this. Problem is Obama lovers are so blind to the truth they might have thought you were serious.

The Constitution gives the House the right to close a session and go into recess. Thus why the Democratic Senate does these sessions. They have no choice under the Constitution. Only the house can begin a recess.

This is a Blatant UN-Constutitional maneuver.

Steveangell on January 4, 2012 at 6:42 PM

If we have to have a communist in the WH, I would rather have Putin. He is more honest.

ultracon on January 4, 2012 at 6:43 PM

Old Country Boy on January 4, 2012 at 6:40 PM

Technically, the House can impeach Obama, and he would be ‘impeached’, but the Senate could decline to prosecute (so technically incorrect to say that the Senate would ‘never impeach’ him – the House can and should ‘impeach’). For example, Clinton *was* impeached, just not prosecuted by the Senate.

Midas on January 4, 2012 at 6:44 PM

Perry wants to make Congress part time and you’re calling a couple recess appointments an executive power grab?

freshface on January 4, 2012 at 6:29 PM

Whats the conceptual connection? One doesn’t anything to do with the other. What makes them similar in your mind?
Just curious.

Mimzey on January 4, 2012 at 6:44 PM

Please don’t let the fact that gwb made nearly 200 recess appointments interfere with your ill-informed, yet highly entertaining, discussion.

benny shakar on January 4, 2012 at 5:44 PM

He made them when the Senate was in RECESS, you blithering idiot.

Wendya on January 4, 2012 at 6:44 PM

Hmmm…in 2010, O’bama’s Deputy Solicitor General perjured himself before the highest Court in the land:

In 2010, Deputy Solicitor General Neal Katyal explained to the Supreme Court the Obama administration’s view that recess appointments are only permissible when Congress is in recess for more than three days. Here’s the exchange with Chief Justice John Roberts:

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn’t work why?

MR. KATYAL: The — the recess appointment power can work in — in a recess. I think our office has opined the recess has to be longer than 3 days. And — and so, it is potentially available to avert the future crisis that — that could — that could take place with respect to the board. If there are no other questions –

CHIEF JUSTICE ROBERTS: Thank you, counsel.

Del Dolemonte on January 4, 2012 at 6:44 PM

The Supreme Court Backlash

Allahpundit,

You are missing one possible backlash: with the Supreme Court. If Justice Kennedy feels that Obama is disregarding the Constitution for political reasons, that might be enough to influence his view on ObamaCare. The Supreme Court does not act in a vaccum. When Obama’s attorneys are arguing why ObamaCare is not a slippery slope for regulation of anything, that argument will ring hallow if the Justices view his disregard of the constitution as an egregious act of disrespect. To put it another way, Obama may be making the case why the Supreme Court should be careful opening the door to an expansion of the Executive Branch.

Good Luck my friend…

RedSoxNation on January 4, 2012 at 6:44 PM

On Special Report tonight, some guy that worked for W thinks Obama has the high ground on this move. His “explanation” seemed to deal more with the political than the legal. The report also said that the Chamber of Commerce is probably going to file suit.

Cindy Munford on January 4, 2012 at 6:40 PM

That is because Bush and the people working for him put this framework into place.

They like it just as much as Obama.

tetriskid on January 4, 2012 at 6:47 PM

The must be so proud!

Del Dolemonte on January 4, 2012 at 6:38 PM

Doesn’t matter if they’re ‘proud.’

What matters to me, as a conservative, is why there is a ‘high school drop-out rate’ at all.

Where I live, and what I pay through my property tax bill, my school tax is through the roof. This is the first year in 10 years, because of Christie’s insistence and reform, that my property tax increase hasn’t gone above 3%. For myself, that’s a step in the right direction, albeit a small one.

-jt

jersey taxpayer on January 4, 2012 at 6:47 PM

That is because Bush and the people working for him put this framework into place.

They like it just as much as Obama.

tetriskid on January 4, 2012 at 6:47 PM

Which is exactly why Bush *didn’t* make recess appointments while the Senate remained in session precisely to keep him from doing so – because he and his folks like it just as much as Obama.

STFU, idiot.

Midas on January 4, 2012 at 6:48 PM

This is a considerable escalation of the war between the White House and the Senate over recess appointments that I wrote about in Contentions in 2010, because the Senate is not in recess. The Constitution requires that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives has not given that consent and has been holding pro forma sessions every three days, forcing the Senate to do likewise. When Democrats controlled the Senate in the last two years of the Bush administration, they held these pro forma sessions during recesses precisely to prevent President Bush from using the recess appointment power, which he didn’t.

INC on January 4, 2012 at 6:49 PM

For example, Clinton *was* impeached, just not prosecuted by the Senate.

Midas on January 4, 2012 at 6:44 PM

Actually, he was Tried in the Senate. But Republican idiots like Trent Lott derailed it. And 10 Republican Senators actually voted Not Guilty.

Musta been those FBI Files Clinton had on all of them…

Del Dolemonte on January 4, 2012 at 6:49 PM

I’m waiting for our GOP presidential contenders to raise some Cain over this abuse of power and ingnoring of the separation of powers. Since when does a president determine when the Senate is in session? It’s also time to raise the outcry against Reid, Obama’s enabler.

onlineanalyst on January 4, 2012 at 6:50 PM

tetriskid on January 4, 2012 at 6:47 PM

See my link at 6:49

When Democrats controlled the Senate in the last two years of the Bush administration, they held these pro forma sessions during recesses precisely to prevent President Bush from using the recess appointment power, which he didn’t.

INC on January 4, 2012 at 6:50 PM

First of all, I’m really happy this happened. The liberal media is utterly silent about this and it will not serve them well, the next time a Republican is on the White House and he has Democrats in a position to stop his appointments. Makes no difference if they’re not there for a day, 3 days, a week, or more, he will know he has the power to do damn well what he pleases because the Democrats encouraged this and the media was silent.

Secondly, Obama has no clue, none, what it takes to be President of the United States. He has a clue about being President of Illinois, President of New York, President of California, but he has no clue about being President of Texas. 46% of the people of this country didn’t vote for this guy and he feels he has all the power in the world. He, and his political party, are creating a dragon they will never be able to control.

Finally, if the Republicans allow this, without a fight, they are even stupider than the Democrats. They need to fight this and draw as much attention as they can to the imperial presidency, which is Obama. It’s not the first appointment, it’s the NLRB which is really egregious. The NLRB has become a bargaining arm for the unions, when it shouldn’t be, and the fact that his appointment allows that to continue is just flagrant, in your face, and it can’t be allowed to stand.

I’ve said, for a long time, that Boehner and McConnell have provided no leadership in this congress and it’s time for them to either do their job or be taken down and someone installed who will take on Harry Reid and Barack Obama.

bflat879 on January 4, 2012 at 6:50 PM

Perry wants to make Congress part time and you’re calling a couple recess appointments an executive power grab?

freshface on January 4, 2012 at 6:29 PM

Huh? Is that supposed to mean anything, or are you just jibbering?

The cognitive dissonance is breathtaking.

hillbillyjim on January 4, 2012 at 6:51 PM

Barack Obama wishes he was Emperor Palpatine………..

…..we already know Michelle would like to be called “your excellency”.

PappyD61 on January 4, 2012 at 6:52 PM

RedSoxNation on January 4, 2012 at 6:44 PM

It would be ironic if Obama’s own hubris does him in on ObamaCare.

INC on January 4, 2012 at 6:52 PM

but really, the Sleepy citizenry only cares about:

1. the price of gasoline.

2. healthcare costs.

3. that they have money to do all the vacays and kids sports and their hobbies.

4. that they can continue to drive their SUV’s and appear to be wealthy.

other than that………meeh.

PappyD61 on January 4, 2012 at 6:54 PM

Perry wants to make Congress part time and you’re calling a couple recess appointments an executive power grab?

freshface on January 4, 2012 at 6:29 PM

Don’t know where you are, fresh, but even here, ten miles outside NYC, urban area, we have a part-time city council. I don’t see a problem with a part-time government body in any capacity.

Is the problem for you that they won’t legislate any more hand-outs?

-jt

jersey taxpayer on January 4, 2012 at 6:55 PM

Speaker Boehner’s getting hammered on Twitter by folks wanting to know what he’s going to do about this.

If you’re on Twitter, join the chorus: Send your tweets to @SpeakerBoehner

Flora Duh on January 4, 2012 at 6:55 PM

That is because Bush and the people working for him put this framework into place.

They like it just as much as Obama.

tetriskid on January 4, 2012 at 6:47 PM

That is the stupidest post in this thread. Congrats you out dummied benny

Wade on January 4, 2012 at 6:56 PM

First of all, I’m really happy this happened. The liberal media is utterly silent about this and it will not serve them well, the next time a Republican is on the White House and he has Democrats in a position to stop his appointments.

bflat879 on January 4, 2012 at 6:50 PM

Actually the Democrat Media hasn’t been silent on this.

al-AP, via the WaPo:

The White House says its lawyers believe the Senate is in recess. They say the non-business, “pro forma” sessions that Congress has periodically staged are solely an attempt to block presidential appointments and do not change the fact that the Senate is in recess.

This story has been on the WaPo site for well over an hour now. And only 1 comment:

There will be much hand-wringing and gnashing of teeth, you bet, but let’s remember that the nominee has been vetted and determined to be well-qualified. The outrage comes only from the worst of our current political nonsense. There is work to be done! Obama has not abused the recess appointment process here.

Gonna keep an eye on this WaPo story to see how many more agree with this Fluffer.

Del Dolemonte on January 4, 2012 at 6:57 PM

because the entire system of checks and balances built into the nation, couldn’t stand up to the lawlessness of the progressive movement.

Rebar on January 4, 2012 at 6:29 PM

It could stand against anything, the way it was devised. The failure is with our representatives. Every last one of them should resign in humiliation and apology.
Why apology? Because the damage they allowed to the Republic is irreparable. All the work..the lives lost..thrown away for indifference, laziness and a pension.
I have no way of expressing my disgust for these people.

Mimzey on January 4, 2012 at 6:58 PM

Levin is unglued about these unconstitutional appointments. When his show is available for download later, listen to his first hour. I got an amazing constitution history lesson this past hour. I had no idea that the House had to grant the Senate permission to go into recess for more than 3 days. Is that also a vice versa rule or just a one way rule?

karenhasfreedom on January 4, 2012 at 7:00 PM

Mimzey on January 4, 2012 at 6:44 PM

Simple really. All the kvetching about the constitution being violated is nonsense.

Bush did it 270 times. Reagan more.

The difference is the technicality used.

Bush Clinton, whoever, did it to circumvent obstruction.

Both did as much rule parsing as politically allowable.

Which is why in 08 Rove that magnificent bastard didn’t bother coming up with a new technicality to abuse.

If Obama is able to jusify the appointments politically then that’s the Republicans failing.

The foaming at the mouth is denial pure and simple.

went you rag the puck and the crowd has been booing for 5 minutes, don’t be surprised when someone gets sucker punched and the ref looks the other way.

Oh Perry.

Yea that’s the real power grab. How’d yawl feel if Obama just decreed that the Republican controlled house was to become part time?

freshface on January 4, 2012 at 7:01 PM

I don’t see how everyone keeps deluding themselves on the core belief of the democratic party. Marxism is on display here with very little obfuscation. First mandatory health care. Then military given power to detain any Ameican without a charge of a crime. New agency that has absolute powers control all banking and non banking financial transactions. All done while violating the US Constitution.

Americans are living under mass delusion. Here’s a red primer reminder.

Egfrow on January 4, 2012 at 7:01 PM

Gonna keep an eye on this WaPo story to see how many more agree with this Fluffer.

Del Dolemonte on January 4, 2012 at 6:57 PM

My link above had this from Clinton’s DOJ:

According to the Congressional Research Service, the Clinton Justice Department decided in 1993 that this practice effectively prevents recess appointments:

INC on January 4, 2012 at 7:02 PM

Which is exactly why Bush *didn’t* make recess appointments while the Senate remained in session precisely to keep him from doing so – because he and his folks like it just as much as Obama.

STFU, idiot.

Midas on January 4, 2012 at 6:48 PM

Why are all the Bushies running out to cover for Obama then genius?

Do you deny that Bush expanded the executive branch and then handed it off to Obama?

It must be nice to have zero frame of reference.

tetriskid on January 4, 2012 at 7:03 PM

Hey, buttboy … read the article and then tell us when the Senate is in “recess”.

Jaibones on January 4, 2012 at 6:30 PM

You need to learn to read rather be concerned with buttboys, alto I am sure you are a pro in that endeavor, JAILBONES. My post was a quote from the US Constitution and neither endorses what O did nor condons it. It leaves it to you to decide is there is a recess, however you seem to be more concerned with butts and you memories of being in jail… LOL

Wade on January 4, 2012 at 7:04 PM

freshface on January 4, 2012 at 7:01 PM

Above I linked to a statement that Bush did not do recess appt when there were pro forma sessions.

INC on January 4, 2012 at 7:04 PM

In a way, by the dems doing this to Bush, it is payback time for Obama. However, we know the dems don’t like to play by the rules, so they cheat.

This situation exists because neither party is respecting the constitution to the degree it needs to be respected to keep our republic intact. These are dangerous times.

karenhasfreedom on January 4, 2012 at 7:06 PM

HOW LONG WILL IT TAKE CONGRESS TO UNDERSTAND THAT UNDER OBUMMER THEIR JOBS ARE NOT NEEDED???? He can do it all when he’s on vacation and congress is not in session(?)From hail to the chief to HAIL TO THE KING….

tomyj1 on January 4, 2012 at 5:42 PM

And that is why Obama is so comfortable taking his lengthy, relaxing vacations, puttering around on golf courses, and campaigning on the taxpayers’ dime while pretending that he is promoting jobs and economic security.

onlineanalyst on January 4, 2012 at 7:07 PM

karenhasfreedom on January 4, 2012 at 7:00 PM

It works both ways.

Article I, Section 5 of the US Constitution:

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.

INC on January 4, 2012 at 7:07 PM

INC on January 4, 2012 at 7:04 PM

above I argued why that’s moot.

freshface on January 4, 2012 at 7:08 PM

Midas on January 4, 2012 at 6:33 PM

Yes, they are not, so BO is breaking the Constitution.

Wade on January 4, 2012 at 7:08 PM

Simple really. All the kvetching about the constitution being violated is nonsense.

Bush did it 270 times. Reagan more.

The difference is the technicality used.

Bush Clinton, whoever, did it to circumvent obstruction.

Both did as much rule parsing as politically allowable.

Which is why in 08 Rove that magnificent bastard didn’t bother coming up with a new technicality to abuse.

If Obama is able to jusify the appointments politically then that’s the Republicans failing.

The foaming at the mouth is denial pure and simple.

went you rag the puck and the crowd has been booing for 5 minutes, don’t be surprised when someone gets sucker punched and the ref looks the other way.

Oh Perry.

Yea that’s the real power grab. How’d yawl feel if Obama just decreed that the Republican controlled house was to become part time?

freshface on January 4, 2012 at 7:01 PM

Those are your claims…what is your evidence?
Care to share it?

You’re just blithering boilerplate talking points..
Back up the claims or retract them or be known as a dishonest fool.
You choose.

Mimzey on January 4, 2012 at 7:10 PM

I shall post this again as it seems some posters just post and don’t read.

The Constitution requires that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives has not given that consent and has been holding pro forma sessions every three days, forcing the Senate to do likewise. When Democrats controlled the Senate in the last two years of the Bush administration, they held these pro forma sessions during recesses precisely to prevent President Bush from using the recess appointment power, which he didn’t.

What say you benny shakar on January 4, 2012 at 5:44 PM ???

Wade on January 4, 2012 at 6:34 PM

Wade on January 4, 2012 at 7:11 PM

It could backfire. The fact that O plays by his own rules needs to be made front and center. Most Americans will hate that.

jeanie on January 4, 2012 at 7:12 PM

That’s the whole point isn’t it? You did your saintly duty, you cast your one vote, for all the good it did, and that makes you superior.
Keep dividing the GOP into ‘us’ and the evil ‘them’. That’s what Obama’s trolls do. You aren’t one of them are you? Perish the thought.
Skandia Recluse on January 4, 2012 at 5:59 PM

Don’t wanna seem to crab at you here.
But seriously?
If you did not vote bcs you were pouting, then you ARE partly responsible for this bedlam.
At least those who voted had the stones to make a real choice.
Keeping one’s a$$ at home to pout & do nothing is not doing something.
It’s doing NOTHING.
Like, you know those only 122,000 Iowegians that voted the other day?
The rest of the eligible GOP voters who did not vote that day are all a bunch of d-bags,IMO.
If a person did not vote, then seriously, they need to STFU & stick their heads back in the sand & continue to get screwed up the butt & LIKE it.

Badger40 on January 4, 2012 at 7:13 PM

What say you benny shakar on January 4, 2012 at 5:44 PM ???

Wade on January 4, 2012 at 6:34 PM

Don’t waste your time.
That one is a SPAM robot.
He’s got lots of other sites.
At 50 cents per troll post, he’s got a LOT of websites to spam.
He’s got no time to reply to what he’s actually said.

Badger40 on January 4, 2012 at 7:15 PM

above I argued why that’s moot.

freshface on January 4, 2012 at 7:08 PM

Claiming something to be a “Moot point” is tried every single day by simpletons in courts all across the country..usually by members of “the smart side”. It doesn’t work. More evidence is need. The excuse that “the other guys did it” is the reasoning of a teenager.

Can you do any better?

Mimzey on January 4, 2012 at 7:15 PM

It could backfire. The fact that O plays by his own rules needs to be made front and center. Most Americans will hate that.

jeanie on January 4, 2012 at 7:12 PM

I agree

Wade on January 4, 2012 at 7:15 PM

Good thing a Romney nominee will treat King Obama with kid gloves and be super duper nice in the general. ///

conservative pilgrim on January 4, 2012 at 5:16 PM

You are a moron. Did you watch Romney’s speech yesterday. You people need to stop this nonsense. If you are going to talk about Romney, at least say what he did…and not make up your own crap.

Nonsense.

Chudi on January 4, 2012 at 5:22 PM

Yeah, I saw Romney’s speech. He said Obama “is a nice guy, he’s just in over his head.”

Bad ass. Hell, I thought I was watching Clint Eastwood at the end of Unforgiven.

Dime IV on January 4, 2012 at 7:16 PM

. Exit question: What will the next Republican president use this exciting new precedent for, pray tell?

with dem/lsm OUTRAGE 24/7 to follow…

suck it up…he started this brouhaha, you gotta live with it chumps

cmsinaz on January 4, 2012 at 7:17 PM

Why are all the Bushies running out to cover for Obama then genius?

Do you deny that Bush expanded the executive branch and then handed it off to Obama?

It must be nice to have zero frame of reference.

tetriskid on January 4, 2012 at 7:03 PM

Just because one or two ‘bushies’ are of a Constitution-breaking mind with Obama doesn’t make your commentary any less idiotic. And as for context, Bush’s activities that could remotely be construed as willful disregard for and violation of the Constitution are a gnat’s ass compared to Obama – how’s that for a frame of reference? Get a clue.

Midas on January 4, 2012 at 7:18 PM

Øbama has said the Constitution is an obstacle to be overcome, not followed, in order to radically transform America. The danger from Øbama is getting worse, not better, as he’s doubling down, again and again, with increasing brazenness.

We must not allow him to distract us to the fringe issues. We must go for the throat. Now, not later.

petefrt on January 4, 2012 at 7:19 PM

He said Obama “is a nice guy, he’s just in over his head.”

Bad ass. Hell, I thought I was watching Clint Eastwood at the end of Unforgiven.

Dime IV on January 4, 2012 at 7:16 PM

LMAO!

Badger40 on January 4, 2012 at 7:19 PM

Badger40 on January 4, 2012 at 7:15 PM

Agreed, I added that to see if any other non-thinkers like benny would respond. Liberals can not deal with facts therefore the banter and debate ends.

Wade on January 4, 2012 at 7:20 PM

LOOK AT MEE!!

HEY!

HEYYY!!

LOOK OVER HERE! LOOK AT ME!1 WATCH THIS!!1

thirtyandseven on January 4, 2012 at 7:21 PM

Apparently our president doesn’t know much about anything but Saul Alinsky and Communism.

We the people, never crosses his small little mind.

tarpon on January 4, 2012 at 7:21 PM

Do you deny that Bush expanded the executive branch and then handed it off to Obama?

It must be nice to have zero frame of reference.

tetriskid on January 4, 2012 at 7:03 PM

Mommie Mommie, he did it too….

Wade on January 4, 2012 at 7:25 PM

The president has the power to appoint people when the congress is recessed. This is just in case something happens when they are out so he can keep take action. This is an abuse of his power and skirting the authority over him by the congress. Expect more abuses in the next 11 months.

Kissmygrits on January 4, 2012 at 7:27 PM

I personally would really like to know what crrap6 thinks of all of this.

Badger40 on January 4, 2012 at 7:27 PM

If Cordray was the small, and the 3 to the nlrb is the medium, what’s the large going to be?

Kissmygrits on January 4, 2012 at 7:28 PM

what’s the large going to be?

Kissmygrits on January 4, 2012 at 7:28 PM

Self-appointment to Emperor!

Badger40 on January 4, 2012 at 7:29 PM

If Cordray was the small, and the 3 to the nlrb is the medium, what’s the large going to be?

Kissmygrits on January 4, 2012 at 7:28 PM

G.U.N.S!

Flora Duh on January 4, 2012 at 7:31 PM

Do you think Obowma will wear a crown next or just one of Gaddafi’s old uniforms…?

Seven Percent Solution on January 4, 2012 at 7:32 PM

Do you think Obowma will wear a crown next or just one of Gaddafi’s old uniforms…?

Seven Percent Solution on January 4, 2012 at 7:32 PM

Crown. It will go with his mom jeans.

Badger40 on January 4, 2012 at 7:35 PM

Do you think Obowma will wear a crown next or just one of Gaddafi’s old uniforms…?
 
Seven Percent Solution on January 4, 2012 at 7:32 PM

 
My money is on epaulettes.

rogerb on January 4, 2012 at 7:35 PM

PappyD61 on January 4, 2012 at 6:54 PM

Hopefully there are people waking up.

Mimzey on January 4, 2012 at 7:37 PM

Don’t forget to thank all the Republicans who stayed home in 2008 “to teach McCain and the Republicans a Lesson”. They have just as much guilt as those who voted for the guy.

Del Dolemonte on January 4, 2012 at 5:48 PM

But he did it when congress was officially in recess. Congress right now is not in recess officially. Thus, he is not allowed to recess appoint. Unconstitutional.

astonerii on January 4, 2012 at 7:38 PM

I personally would really like to know what crrap6 thinks of all of this.

Badger40 on January 4, 2012 at 7:27 PM

What happened to her, she move back to N.Korea? BTY, liberals feel, they don’t think.

Wade on January 4, 2012 at 7:39 PM

One more time, LISTEN UP!! The GOP will not, now or ever, do anything to try to stop Obama. It is not that they are spineless or stupid…..THEY ARE SIMPLY IN AGREEMENT. Progressives all! When you look at everything they have allowed Obama to get away with, suddenly it looks differently if viewed from this standpoint. Boehner & buddies want exactly what is happening and for all their bitching & moaning, will not raise a hand to enforce the laws they are suppose to respect & represent. Nor will any newly elected President try to dismantle these moves, especially if it’s one that is foisted upon us by the media. They are all golfing buddies and, god knows what agreements have been made out on the greens. None for our good, i’m sure. So, I’m begging you all to really look closely at what is happening here, and WHAT IS NOT HAPPENING TOO. This is not about D’s & R’s……it’s about Progressives and they’re in all parties and all areas of goverment already. These move are all for show and nothing more. I think it may be too late already to stop this…..we’ve wasted too much time waiting for goverment to save us, when we should have taken charge long ago. Don’t trust any of these people, regardless of party….they will all betray us and are doing so daily.

MONACO1121 on January 4, 2012 at 7:39 PM

Obama just opened the door to let faltering Gingrich back in the GOP race. If Gingrich goes after Obama, relentlessly, for violating the Constitution, he can pickup 10 percentage points in the next week. He, unlike Romney who is riding the crest of the wave, has much to gain by confronting Obama.

Say what you will about Gingrich but he’s frothing at the mouth to bring our child president down a peg or two. Obama’s gonna walk all over milktoast Romney. He doesn’t want a pitbull like Gingrich.

fogw on January 4, 2012 at 6:41 PM

Hear! Hear! Gingrich said that one of his first items of business after his inauguration is to get rid of czar positions.

onlineanalyst on January 4, 2012 at 7:42 PM

What happened to her, she move back to N.Korea? BTY, liberals feel, they don’t think.

Wade on January 4, 2012 at 7:39 PM

She was so smart. Everyone wanted her as a lawyer. So I’m sure she’s helping rake in the big bucks right now.
She has no time for Hot Air anymore.
Either that, or she’s making spam money as a troll, like Benny.

Badger40 on January 4, 2012 at 7:42 PM

Øbama has said the Constitution is an obstacle to be overcome, not followed, in order to radically transform America. The danger from Øbama is getting worse, not better, as he’s doubling down, again and again, with increasing brazenness.

We must not allow him to distract us to the fringe issues. We must go for the throat. Now, not later.

petefrt on January 4, 2012 at 7:19 PM

If he gets a second term and no longer has to be worried about reelection, brazeness won’t approach describing his behavior.

Flotsam Jetsome on January 4, 2012 at 7:42 PM

There’s nothing to debate here.

Obama is a dictator, and the rule of law means nothing.

And the Congressional RiNOs are doing nothing about it.

Any questions?

Mr Galt on January 4, 2012 at 7:44 PM

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