But, But, But The Republicans Made Him Violate The Constitution!!!!

^{M2RB:  Quiet Riot}

Cum on, feel the noize
Girls rock your boys
We'll get wild, wild, wild
Get wild

"Republicans were gaming the system to prevent the President from making appointments. He did the right thing by trying to go around them. We’ll see what the Supremes have to say."
 
- chumpThreads on January 25, 2013 at 3:41 PM

 

He did not do the right thing.  What you fail to comprehend is that the Senate was NOT in recess. Like Bush and other presidents, Obama could have made recess appointments WHEN THE SENATE WAS IN RECESS.  And, puhlease, do not say that nothing was being done in the pro forma sessions considering  the FACT that the payroll tax cut extension was passed during the pro forma session.

The House never passed a resolution consenting to a Senate recess of more than 3 days and remember that Obama claimed they were in regular recess.

Additionally, Obama nominated the 3 individuals to the NLRB on 14 December 2011. He then "non-recess-recess" appointed them 3 weeks later....before the nominees had submitted all of their documents OR Harry Reid had even scheduled a hearing, debate or confirmation vote.

So what we have here is: Obama decided and has now put in jeopardy a year's worth of work by the NLRB. Only 3 years ago, the Supreme Court invalidated more than 600 NLRB decisions because the Board had acted without a quorum, New Process Steel v. NLRB, 130 S. Ct. 2635 (2010).

Presidents just don't get to do whatever they want. During the Korean war, the steel industry was plagued with strikes, which were affecting production of war materiel. Truman decided that, since he was Commander-in-Chief and the country was in the middle of fighting a war, he would just nationalise the industry via EO. He was EPICALLY slapped down by the Warren Court, which no one with any knowledge can argue was a "conservative." See: Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952).

If Truman couldn't act in contravention of the 5th Amendment (The Takings Clause) during a war, why on earth would Obama or anyone else think that he, representing the Executive Branch, can decide when Congress - the Legislative Branch - is in session and make "non-recess-recess appointments" a mere 3 weeks after he nominated the 3 individuals? 

I have been pointing all of this out to you guys for more than a year; yet, you continue to blame Republicans.  Again, your problem is with the Constitution, not a political party. As for me, I’m glad the COTUS is the way that it is. Recess appointments were only permitted because the Founders recognised that Congress could not just be told to show up and give their advice and consent when travel was so very slow. A great illustration of this problem -- and the problem with recess appointments in general -- is George Washington’s recess appointment of an alcoholic and mentally ill man, John Rutledge, to become the Chief Justice of the Supreme Court.

There is a reason for obtaining the advice and consent of the Senate. We want to know who is being put into positions of power. In the instant case, as I have indicated, the nominees hadn’t even completed their document submissions when Obama bypassed the Senate. What if evidence would have come to light that connected a nominee to, say, Boeing? Would that be fair to labour? Wouldn’t you want to know?

In summation, there was NO recess; therefore, there can be NO recess appointments. If Obama cannot abide by the Constitution, recognise that there are 3 co-equal branches of government, acknowledge the separation of powers, and WAIT FOR MORE THAN THREE BLOODY, F*CKING WEEKS to obtain the advice and consent of the Senate, then he needs to resign and do something else with his life.

He rolled the bones and lost, but not before doing great harm to his office because now presidents may be limited to making recess appointments ONLY during the intersession recess.

Heckava job, Barry!



Cum On Feel The Noize - Quiet Riot

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