Court - Obama recess appointments unconstitutional

Posted in the Grand Rapids Forum

Since: Feb 08

Location hidden

#1 Jan 25, 2013
Chip

Rockford, IL

#2 Jan 26, 2013
The left doesn't care if Obama violates the constitution.
Mark Luxford

Grand Rapids, MI

#3 Feb 5, 2013
We;ll just have to wait and see what the Supreme Court has to say about this. The ruling is based on the Originalist legal philosophy of the three Republican-appointed judges. Originalists believe that the ruling must be in line with what was intended when the Constitution was written. The point of view on recess appointments those judges hold was practiced until the presidency of Andrew Johnson. In the nearly 150 years since then presidents of both parties and federal appeals court rulings have supported the view on recess appointments that was used by Johnson.

If you read their opinion you will see that those judges said that recess appointments could only be done during the recess at the end of a congressional session, and that the opening to be filled by the recess nomination must have come to pass during that recess.

So, we'll see which view the Supreme Court has on recess appointments. Will they support the view that was in place in the 1780's when Congress was in session only a few months or will they hold the modern view when Congress is in session all year long.
Batch 37 Pain Is Good

Southfield, MI

#4 Feb 5, 2013
Mark Luxford wrote:
We;ll just have to wait and see what the Supreme Court has to say about this. The ruling is based on the Originalist legal philosophy of the three Republican-appointed judges. Originalists believe that the ruling must be in line with what was intended when the Constitution was written. The point of view on recess appointments those judges hold was practiced until the presidency of Andrew Johnson. In the nearly 150 years since then presidents of both parties and federal appeals court rulings have supported the view on recess appointments that was used by Johnson.
If you read their opinion you will see that those judges said that recess appointments could only be done during the recess at the end of a congressional session, and that the opening to be filled by the recess nomination must have come to pass during that recess.
So, we'll see which view the Supreme Court has on recess appointments. Will they support the view that was in place in the 1780's when Congress was in session only a few months or will they hold the modern view when Congress is in session all year long.
cut the money to Washington......
Pall Harvey

Hudsonville, MI

#5 Feb 5, 2013
Obama blows!

Good Day.
SeenItBefore

Jenison, MI

#6 Feb 5, 2013
The intent in this suit and ruling is obvious.

"The elimination of intrasession appointments would have been particularly frustrating for George W. Bush, according to the report. He made an estimated 141 such appointments, compared with Obama's 26. From massive agencies like the Agriculture and Education departments to more obscure bodies like the Federal Maritime Commission and the Legal Services Corp., scores of Bush appointments apparently would have been invalid under Noel Canning.

Reagan, too, would have been severely hemmed in by the ruling. Reagan made an estimated 232 recess appointments, followed by George W. Bush with 171, Clinton with 139, George H.W. Bush with 78 and Obama with 32.

Setting aside the broader ramifications on recess appointments, if the Noel decision is upheld it would leave the NLRB -- the agency tasked with enforcing labor law on unions and companies -- without the quorum it needs to function. It may nullify more than 200 decisions the board has issued in the past year, since it would have done so without a legitimate quorum. The business lobby has already begun using the appeals court ruling to challenge court decisions favorable to unions."
http://www.huffingtonpost.com/2013/02/04/obam...

The headline says it all;
"Court decision on recess appointments could make America harder to govern

Senate Republicans were blocking consideration of Obama’s nominees to agencies whose work they generally dislike, namely the NLRB and the Consumer Financial Protection Bureau created by the Dodd-Frank Act. Nothing personal about the individual nominees themselves; the lawmakers just didn’t want to staff the NLRB and CFPB at all. Eventually fed up, Obama appointed new NLRB board members and Richard Cordray as director of the CFPB during the Senate’s holiday recess last winter."
http://www.washingtonpost.com/blogs/wonkblog/...

U.S. 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 end of their next session."

But who really cares eh Steelie.

Since: Feb 08

Location hidden

#7 Feb 5, 2013
Good Day,

SIB... The issue here is not about such issues as so called "intrasession" appointments and the like. The primary issue is that Obama declared Congress (the Seante really) to be in session when it was not. Which is illegal, plain and simple. But as Mark said, if this gets to SCOTUS (probably will) we will see what their opinion is. Slippery...

Steelie
SeenItBefore

Jenison, MI

#8 Feb 5, 2013
Steelie wrote:
Good Day,
SIB... The issue here is not about such issues as so called "intrasession" appointments and the like. The primary issue is that Obama declared Congress (the Seante really) to be in session when it was not. Which is illegal, plain and simple. But as Mark said, if this gets to SCOTUS (probably will) we will see what their opinion is. Slippery...
Steelie
Yes but clearly precedence has been set since. Which was my point.

I don't think there really is a question of what a Supreme Court ruling will be when we have one that believes corporations are persons and money speech. Believes they can step outside the "separation of powers" and create legislation from the bench. It would be in question, in my mind, if we had a SCOTUS the way "Originalists" would perceive it to be.
Bob

Big Rapids, MI

#9 Feb 6, 2013
Steelie wrote:
Aren't you the same clueless drone that announced that Obamacare was unconstitutional?

How did that work out for ya?
Batch 37 Pain Is Good

Plymouth, MI

#10 Feb 7, 2013
Bob wrote:
<quoted text>
Aren't you the same clueless drone that announced that Obamacare was unconstitutional?
How did that work out for ya?
Ya gonna love those reduced rates on insurance....... Your lover is coming after your kids paycheck through you......
free thinker

Farmington, MI

#11 Feb 7, 2013
Bob wrote:
Aren't you the same clueless drone that announced that Obamacare was unconstitutional?
How did that work out for ya?
Didn't you say that it's not a tax? How's that working out for you?
Bob

Big Rapids, MI

#12 Feb 8, 2013
free thinker wrote:
<quoted text>
Didn't you say that it's not a tax? How's that working out for you?
Sorry, I've got my health insurance already.

How's that extra high premium for fat smokers going to work out for you?
quzluz

Pittsburgh, PA

#13 Feb 12, 2013
youtube.com/watch... ……
Goverment at Work,,lol
free thinker

Farmington, MI

#14 Feb 12, 2013
Bob wrote:
Sorry, I've got my health insurance already.
I wouldn't count on keeping it. How's that pre-existing clause for mental and physical retardation working out for you?
Batch 37 Pain Is Good

Oxford, MI

#15 Feb 13, 2013
free thinker wrote:
<quoted text>
I wouldn't count on keeping it. How's that pre-existing clause for mental and physical retardation working out for you?
Bobbie thinks his ride is going to last longer than a KMart Pony ride for 5 Cents......
Bob

Big Rapids, MI

#16 Feb 13, 2013
Batch 37 Pain Is Good wrote:
<quoted text>Bobbie thinks his ride is going to last longer than a KMart Pony ride for 5 Cents......
And how long can you stay on that pony before it throws you off?

Perhaps that is where the phrase Two-Cents Worth comes from!
Batch 37 Pain Is Good

Oxford, MI

#17 Feb 13, 2013
Bob wrote:
<quoted text>
And how long can you stay on that pony before it throws you off?
Perhaps that is where the phrase Two-Cents Worth comes from!
You poor uninformed bastard..... One day we will do lunch...

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