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AcousticGod
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posted January 11, 2012 01:09 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
And I can say what I've been saying for the reasons I've listed, Jwhop. You're attempting smugness now, but what are you going to do when nothing comes of your idea? Then what?

Perhaps you should spend some time contemplating what Republicans are having to contemplate when thinking about bringing this to court. Can Republicans afford another media nightmare right now? Do you think Republicans would win even if they won the court battle? Obama's given the Republicans another means of hanging themselves by initiating this action.

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AcousticGod
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posted January 11, 2012 01:43 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
Oh, and look at this...no sooner do I comment on the potential political fallout from making a suit against Obama than an article comes out saying the same:
http://news.yahoo.com/senate-republicans-eyeing-suit-obama-appointees-002204995.html

It did technically predate my post, but I just found it as another political story in that Huntsman article I posted.

    However, legal experts say there is a high likelihood a lawsuit from Senate Republicans could get thrown out because a court decides they don't have legal standing to bring a case.

    "It's very hard for them to sue in their institutional capacity," said Boyden Gray, a former White House counsel to President George H.W. Bush.

    ...

    Legal scholars cite as precedent a 1997 Supreme Court ruling in the case of Raines v. Byrd.

    In that case, six lawmakers, a Republican and five Democrats, sued to prevent the president from having the power to line-item veto money amounts in budget bills, an authority granted to the executive branch by a 1996 law.

    The Supreme Court ruled that the individual congressmen did not have standing to sue, because they did not "have a sufficient 'personal stake'" in the dispute and they did not allege "a sufficiently concrete injury."

    Ultimately, Senate Republicans may decide to duck a direct court fight and pursue a scaled-back option, such as an amicus brief filed in support of an industry group's suit, if one materializes.

    "Amicus briefs can decide cases," said Boyd, the former White House counsel.

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Randall
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posted January 11, 2012 04:00 PM     Click Here to See the Profile for Randall     Edit/Delete Message   Reply w/Quote
They should just withhold his pay.

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jwhop
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From: Madeira Beach, FL USA
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posted January 11, 2012 10:50 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Horse pucky acoustic.

Senators most certainly do have sufficient stake in preventing O'Bomber from grabbing power from the Legislative Branch of government...and therefore have standing to sue.

It's always amusing to watch you cite an off point case...or make an off point argument.

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AcousticGod
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posted January 11, 2012 11:19 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
I didn't make an off-point argument. I made an argument, and then coincidentally saw an article that concurred.

An off-point argument would be your belief that the article I cited was erroneous in conveying expert opinion on Republican's chances pursuing this in court. You did note that it was a Bush counsel who said that, right?

That article also stated the likelihood of it going bad for Republicans if this plays out in the media, like I said. I think it would be tough to avoid it going bad for Republicans. Obama has acknowledged the concerns previously, and correctly noted that Congress can pass legislation to change the department if they wish. The common sense argument will win with the public just like it did on that tax break extension last month.

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jwhop
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From: Madeira Beach, FL USA
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posted January 12, 2012 01:08 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
The case you cited is off point to the issue of members of Congress having a valid interest in preventing O'Bomber from usurping legislative authority from the Congress and appointing officers in the Executive Branch without Senate confirmation.

Having a valid interest is key to having standing to sue.

Sorry, you lose...again...and as is usual.

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AcousticGod
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posted January 12, 2012 01:17 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
Reuters didn't lose, nor did I for making the same argument. Until Republicans pursue a legal course of action, we can't tell whether your opinion holds any water. Until such a time we'll assume the former White House counsel has a better grasp of precedent than you do.

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jwhop
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posted January 12, 2012 02:31 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Neither you nor Reuters has standing to sue in this matter...nor do your opinions matter.

Members of the US Senate do have standing..on an issue which affects their legal authority under the US Constitution.

Give it up acoustic. You're in way, way, way over your head...and as we've all seen here...you can't swim!

“Even a Yale Law School professor is questioning President Barack Obama’s claim of a legal justification for unilaterally installing Richard Cordray as head of the new finance-sector regulatory bureau. Obama’s staff say the appointment was based on advice from White House counsel Kathryn Ruemmler, not from the Department of Justice. But this reliance on Obama’s in-house lawyer marks a ‘bitter shift’ that is reducing the advisory role of the Justice Department’s confirmed appointees, and increasing the role of Obama’s in-house legal counsel, said Bruce Ackerman, a professor at Yale Law, which conservatives have long decried as a hotbed of partisan legal activists… ‘All thoughtful people, Democrat and Republican alike, should insist that Ms. Ruemmler publish her opinion without delay,’ wrote Ackerman. However, White House spokesman Jay Carney has declined to release or even describe Ruemmler’s legal argument, even though few Democratic politicians or academics have defended the administration’s legal claim.”

They don’t have to, do they? That’s the great thing about being a Democrat: rules and laws are for the other guy.

http://dailycaller.com/2012/01/12/thedc-morning-dems-defend-voting-rights-of-the-dead/

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AcousticGod
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posted January 12, 2012 02:46 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
Don't be silly, Jwhop. I could never get in over my head with you.

What you posted doesn't undo the opinion of Bush's counsel. Saying they don't know what legal standing would uphold Obama's action isn't the same as saying that Congress would have an easy time pursuing legal action against it.
http:/ /www.washingtonpost.com/politics/whitehouse/justice-department-releases-legal-justification-for-obamas-recent-recess-appointments/2012/01/12/gIQAu5ortP_story.html

    Some legal experts said the constitutional dispute was complicated because both sides could be accused of violating the Constitution. Whereas Obama is accused of overstepping his power to make recess appointments, Senate Republicans have refused to fulfill their obligation for "advice and consent" by blocking votes on many of Obama's nominees.

    "There is a sort of clean-hands argument here. Those who have so abused the confirmation power are in a poor position to argue that the president has abused the recess appointment power," said University of Virginia law professor Douglas Laycock. http://articles.latimes.com/2012/jan/05/nation/la-na-obama-powers-20120106

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jwhop
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posted January 13, 2012 10:04 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
You've been in over your head from day 1 acoustic.

Your tortured, twisted irrationality and illogic have been on display here since you showed up and misidentified a genuine Liberal..as a conservative.

That's what tipped me off that you're so far left you couldn't identify a real Liberal from a conservative.

This guy.."sounds like a conservative to me".

Leaving the left
I can no longer abide the simpering voices of self-styled progressives -- people who once championed solidarity
May 22, 2005
By Keith Thompson

Nightfall, Jan. 30.

Eight-million Iraqi voters have finished risking their lives to endorse freedom and defy fascism. Three things happen in rapid succession. The right cheers. The left demurs. I walk away from a long-term intimate relationship. I'm separating not from a person but a cause: the political philosophy that for more than three decades has shaped my character and consciousness, my sense of self and community, even my sense of cosmos.

I'm leaving the left -- more precisely, the American cultural left and what it has become during our time together.........
http://articles.sfgate.com/2005-05-22/opinion/17374031_1_freedom-peace-political

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jwhop
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posted January 13, 2012 10:45 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
We can see in the accurate description of what the left has become just how out of kilter the American left really is.

It's not surprising leftists want O'Bomber to act like a dictator; want O'Bomber to bypass Congress and assume the authority to confirm his own appointees; bypass the Congress and implement policies he can't get through Congress...by Executive Orders; bypass Congress and take the law into his own hands when Congress won't bow down to his demands.

No, it's not surprising at all that leftists don't care a whit about the law, legality, or the Constitution. Leftists care about only one thing. Power...power to advance their Marxist Socialist Progressive agenda by any means necessary.

As I have said here..on many occasions, leftists are not Liberals. Nor are leftists liberal.

This article says pretty much all that needs to be said about the American left. It's all the more remarkable because it was written...not by a conservative...but by a Liberal with impeccable Liberal credentials.

Which is the reason I choose to post the article once again. As Linda said..."Truth cannot be repeated too often".

Leaving the left
I can no longer abide the simpering voices of self-styled progressives -- people who once championed solidarity
May 22, 2005
By Keith Thompson

Nightfall, Jan. 30. Eight-million Iraqi voters have finished risking their lives to endorse freedom and defy fascism. Three things happen in rapid succession. The right cheers. The left demurs. I walk away from a long-term intimate relationship. I'm separating not from a person but a cause: the political philosophy that for more than three decades has shaped my character and consciousness, my sense of self and community, even my sense of cosmos.

I'm leaving the left -- more precisely, the American cultural left and what it has become during our time together.

I choose this day for my departure because I can no longer abide the simpering voices of self-styled progressives -- people who once championed solidarity with oppressed populations everywhere -- reciting all the ways Iraq's democratic experiment might yet implode.

My estrangement hasn't happened overnight. Out of the corner of my eye I watched what was coming for more than three decades, yet refused to truly see. Now it's all too obvious. Leading voices in America's "peace" movement are actually cheering against self-determination for a long-suffering Third World country because they hate George W. Bush more than they love freedom.

Like many others who came of age politically in the 1960s, I became adept at not taking the measure of the left's mounting incoherence. To face it directly posed the danger that I would have to describe it accurately, first to myself and then to others. That could only give aid and comfort to Jerry Falwell, Pat Robertson, Rush Limbaugh, Ann Coulter and all the other Usual Suspects the left so regularly employs to keep from seeing its own reflection in the mirror.

Now, I find myself in a swirling metamorphosis. Think Kafka, without the bug. Think Kuhnian paradigm shift, without the buzz. Every anomaly that didn't fit my perceptual set is suddenly back, all the more glaring for so long ignored. The insistent inner voice I learned to suppress now has my rapt attention. "Something strange -- something approaching pathological -- something entirely of its own making -- has the left in its grip," the voice whispers. "How did this happen?" The Iraqi election is my tipping point. The time has come to walk in a different direction -- just as I did many years before.

I grew up in a northwest Ohio town where conservative was a polite term for reactionary. When Martin Luther King Jr. spoke of Mississippi "sweltering in the heat of oppression," he could have been describing my community, where blacks knew to keep their heads down, and animosity toward Catholics and Jews was unapologetic. Liberal and conservative, like left and right, wouldn't be part of my lexicon for a while, but when King proclaimed, "I have a dream," I instinctively cast my lot with those I later found out were liberals (then synonymous with "the left" and "progressive thought").

The people on the other side were dedicated to preserving my hometown's backward-looking status quo. This was all that my 10-year-old psyche needed to know. The knowledge carried me for a long time. Mythologies are helpful that way.

I began my activist career championing the 1968 presidential candidacies of Robert Kennedy and Eugene McCarthy, because both promised to end America's misadventure in Vietnam. I marched for peace and farm worker justice, lobbied for women's right to choose and environmental protections, signed up with George McGovern in 1972 and got elected as the youngest delegate ever to a Democratic convention.

Eventually I joined the staff of U.S. Sen. Howard Metzenbaum, D-Ohio. In short, I became a card-carrying liberal, although I never actually got a card. (Bookkeeping has never been the left's strong suit.) All my commitments centered on belief in equal opportunity, due process, respect for the dignity of the individual and solidarity with people in trouble. To my mind, Americans who had joined the resistance to Franco's fascist dystopia captured the progressive spirit at its finest.

A turning point came at a dinner party on the day Ronald Reagan famously described the Soviet Union as the pre-eminent source of evil in the modern world. The general tenor of the evening was that Reagan's use of the word "evil" had moved the world closer to annihilation. There was a palpable sense that we might not make it to dessert.

When I casually offered that the surviving relatives of the more than 20 million people murdered on orders of Joseph Stalin might not find "evil'" too strong a word, the room took on a collective bemused smile of the sort you might expect if someone had casually mentioned taking up child molestation for sport.

My progressive companions had a point. It was rude to bring a word like "gulag" to the dinner table.

I look back on that experience as the beginning of my departure from a left already well on its way to losing its bearings. Two decades later, I watched with astonishment as leading left intellectuals launched a telethon- like body count of civilian deaths caused by American soldiers in Afghanistan. Their premise was straightforward, almost giddily so: When the number of civilian Afghani deaths surpassed the carnage of Sept. 11, the war would be unjust, irrespective of other considerations.

Stated simply: The force wielded by democracies in self-defense was declared morally equivalent to the nihilistic aggression perpetuated by Muslim fanatics.

Susan Sontag cleared her throat for the "courage" of the al Qaeda pilots. Norman Mailer pronounced the dead of Sept. 11 comparable to "automobile statistics." The events of that day were likely premeditated by the White House, Gore Vidal insinuated. Noam Chomsky insisted that al Qaeda at its most atrocious generated no terror greater than American foreign policy on a mediocre day.

All of this came back to me as I watched the left's anemic, smirking response to Iraq's election in January. Didn't many of these same people stand up in the sixties for self-rule for oppressed people and against fascism in any guise? Yes, and to their lasting credit. But many had since made clear that they had also changed their minds about the virtues of King's call for equal of opportunity.

These days the postmodern left demands that government and private institutions guarantee equality of outcomes. Any racial or gender "disparities" are to be considered evidence of culpable bias, regardless of factors such as personal motivation, training, and skill. This goal is neither liberal nor progressive; but it is what the left has chosen. In a very real sense it may be the last card held by a movement increasingly ensnared in resentful questing for group-specific rights and the subordination of citizenship to group identity. There's a word for this: pathetic.

I smile when friends tell me I've "moved right." I laugh out loud at what now passes for progressive on the main lines of the cultural left.

In the name of "diversity," the University of Arizona has forbidden discrimination based on "individual style." The University of Connecticut has banned "inappropriately directed laughter." Brown University, sensing unacceptable gray areas, warns that harassment "may be intentional or unintentional and still constitute harassment." (Yes, we're talking "subconscious harassment" here. We're watching your thoughts ...).

Wait, it gets better. When actor Bill Cosby called on black parents to explain to their kids why they are not likely to get into medical school speaking English like "Why you ain't" and "Where you is," Jesse Jackson countered that the time was not yet right to "level the playing field." Why not? Because "drunk people can't do that ... illiterate people can't do that."

When self-styled pragmatic feminist Camille Paglia mocked young coeds who believe "I should be able to get drunk at a fraternity party and go upstairs to a guy's room without anything happening," Susan Estrich spoke up for gender- focused feminists who "would argue that so long as women are powerless relative to men, viewing 'yes' as a sign of true consent is misguided."

I'll admit my politics have shifted in recent years, as have America's political landscape and cultural horizon. Who would have guessed that the U.S. senator with today's best voting record on human rights would be not Ted Kennedy or Barbara Boxer but Kansas Republican Sam Brownback?

He is also by most measures one of the most conservative senators. Brownback speaks openly about how his horror at the genocide in the Sudan is shaped by his Christian faith, as King did when he insisted on justice for "all of God's children."

My larger point is rather simple. Just as a body needs different medicines at different times for different reasons, this also holds for the body politic.

In the sixties, America correctly focused on bringing down walls that prevented equal access and due process. It was time to walk the Founders' talk -- and we did. With barriers to opportunity no longer written into law, today the body politic is crying for different remedies.

America must now focus on creating healthy, self-actualizing individuals committed to taking responsibility for their lives, developing their talents, honing their skills and intellects, fostering emotional and moral intelligence, all in all contributing to the advancement of the human condition.

At the heart of authentic liberalism lies the recognition, in the words of John Gardner, "that the ever renewing society will be a free society (whose] capacity for renewal depends on the individuals who make it up." A continuously renewing society, Gardner believed, is one that seeks to "foster innovative, versatile, and self-renewing men and women and give them room to breathe."

One aspect of my politics hasn't changed a bit. I became a liberal in the first place to break from the repressive group orthodoxies of my reactionary hometown.

This past January, my liberalism was in full throttle when I bid the cultural left goodbye to escape a new version of that oppressiveness. I departed with new clarity about the brilliance of liberal democracy and the value system it entails; the quest for freedom as an intrinsically human affair; and the dangers of demands for conformity and adherence to any point of view through silence, fear, or coercion.

True, it took a while to see what was right before my eyes. A certain misplaced loyalty kept me from grasping that a view of individuals as morally capable of and responsible for making the principle decisions that shape their lives is decisively at odds with the contemporary left's entrance-level view of people as passive and helpless victims of powerful external forces, hence political wards who require the continuous shepherding of caretaker elites.

Leftists who no longer speak of the duties of citizens, but only of the rights of clients, cannot be expected to grasp the importance (not least to our survival) of fostering in the Middle East the crucial developmental advances that gave rise to our own capacity for pluralism, self-reflection, and equality. A left averse to making common cause with competent, self- determining individuals -- people who guide their lives on the basis of received values, everyday moral understandings, traditional wisdom, and plain common sense -- is a faction that deserves the marginalization it has pursued with such tenacity for so many years.

All of which is why I have come to believe, and gladly join with others who have discovered for themselves, that the single most important thing a genuinely liberal person can do now is walk away from the house the left has built. The renewal of any tradition that deserves the name "progressive" becomes more likely with each step in a better direction.
http://articles.sfgate.com/2005-05-22/opinion/17374031_1_freedom-peace-political/5

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AcousticGod
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posted January 13, 2012 11:43 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
Jwhop, attempting to tackle me or my credibility is just another example of you not understanding a problem. Your problem's not me. Your problem is the poor thinking you put forward in posts day in and day out. If I tried reposting all the wrong or otherwise absurd things you've said over the years here, it would probably fill a book.

I come here simply to stoke my own ego, because there's reliably poor political analysis going on here all the time. It's like a game of Angry Birds for me: all the challenges are essentially the same, and they're all beatable usually with minimal difficulty.

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jwhop
Knowflake

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From: Madeira Beach, FL USA
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posted January 13, 2012 03:05 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
You flatter yourself acoustic if you believe you occupy any space in my universe.

You're the one with the obsession..since I programmed you to be the anti-jwhop here, some time ago.

The program has been running on automatic pilot ever since.

Now, keep up the good work...and continue to be as clueless...about the law, about the Constitution, about America, about language, about definitions, about math, , about statistics, about politics, about the Bible...as you've always been and have proven over and over.

"Leaving the Left" is a very nice summary of where the political left is coming from...and, it's a place only "accidential Americans" would wish to be.

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AcousticGod
Knowflake

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From: Pleasanton, CA
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posted January 13, 2012 04:11 PM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
I don't flatter myself. I take a rather sober assessment of myself (and everything else generally).

By now you ought to know me well enough to know you couldn't program me. My mind is as open or as closed as I want it to be at any particular time. I'm not the anti-Jwhop either. Having an abnormally rational mind, I'm certainly anti-something, but it's not Jwhop. We've all seen it extended to the worst offenders over the years (regardless of their political persuasion).

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jwhop
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From: Madeira Beach, FL USA
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posted January 13, 2012 11:56 PM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Obama admin taken to court for recess appointments
By Neil Munro
01/13/2012


A right-to-work organization is taking the White House to court over the president’s controversial decision to install three new members on the National Board Relations board without Senate approval.

The legal challenge came after the three new members approved a legal response in an existing lawsuit. The plaintiffs asked the judge on Friday to rule that their participation is invalid because President Barack Obama did not have the authority to appoint them.

“We asked [the judge] to consider the question of whether they are constitutionally seated,” said Mark Mix, president of the National Right to Work Foundation.

Without legitimate appointments, they can’t participate in the lawsuit, Mix told The Daily Caller. And without their participation the board does have the quorum needed to implement the new regulations that the foundation opposes.

When the president installed the three officials on Jan. 4, he justified his move by saying the Senate was in recess.

The U.S. Constitution allows the president to bypass the usual Senate debate and vote to appoint officials when the Senate is in recess.

But “the Senate was never in recess, notwithstanding what the justice department has said,” Mix said.
http://dailycaller.com/2012/01/13/obama-admin-taken-to-court-for-recess-appointments/

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AcousticGod
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From: Pleasanton, CA
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posted January 14, 2012 11:48 AM     Click Here to See the Profile for AcousticGod     Edit/Delete Message   Reply w/Quote
This ought to be interesting.

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juniperb
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From: Blue Star Kachina
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posted January 14, 2012 01:44 PM     Click Here to See the Profile for juniperb     Edit/Delete Message   Reply w/Quote
Indeed!

------------------
Your task is not to seek for love, but merely to seek and find all the barriers within yourself that you have built against it. ~Rumi~

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Ami Anne
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posted January 15, 2012 10:07 AM     Click Here to See the Profile for Ami Anne     Edit/Delete Message   Reply w/Quote
quote:
Originally posted by jwhop:
[b]Obama admin taken to court for recess appointments
By Neil Munro
01/13/2012


A right-to-work organization is taking the White House to court over the president’s controversial decision to install three new members on the National Board Relations board without Senate approval.

The legal challenge came after the three new members approved a legal response in an existing lawsuit. The plaintiffs asked the judge on Friday to rule that their participation is invalid because President Barack Obama did not have the authority to appoint them.

“We asked [the judge] to consider the question of whether they are constitutionally seated,” said Mark Mix, president of the National Right to Work Foundation.

Without legitimate appointments, they can’t participate in the lawsuit, Mix told The Daily Caller. And without their participation the board does have the quorum needed to implement the new regulations that the foundation opposes.

When the president installed the three officials on Jan. 4, he justified his move by saying the Senate was in recess.

The U.S. Constitution allows the president to bypass the usual Senate debate and vote to appoint officials when the Senate is in recess.

But “the Senate was never in recess, notwithstanding what the justice department has said,” Mix said.
[URL=http://dailycaller.com/2012/01/13/obama-admin-taken-to-court-for-recess-appointments/]http://dailycaller.com/2012/01/13/obama-admin-taken-to-court-for-recess-appointments/[/UR L] [/B]


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jwhop
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posted January 16, 2012 09:27 AM     Click Here to See the Profile for jwhop     Edit/Delete Message   Reply w/Quote
Our little "Community Organizer/Constitutional Scholar prez obviously can't read. If he could read, he would know why he can't "Confirm" his own appointments to the Executive Branch of government and bypass the US Senate.

"When Congress refuses to act, he will."

Well NO, Mr O'Bomber. That's not the way things work in America. Perhaps you're thinking about Fidel's Cuba or perhaps Hugo's Venezuela or perhaps one of the other Banana Republics.

November draws closer every day but November can't come too soon!

Obama thumbs nose at Founders with one-man rule
Michael Barone
01/16/2012

Of course President Obama is not concentrating on campaigning, White House press spokesmen assured us -- as the president headed off to Chicago for three fundraisers and a drop-in at his campaign headquarters, two days after a high-roller fundraising choked off traffic five blocks from the White House, with the assistance of a score of D.C. police cars.

No one, or at least no one who is paying attention, is fooled. It's standard presidential procedure to say you're not absorbed in campaigning even as you go out to raise money every other day. Bill Clinton​, in my view, spent an undue amount of time fundraising, George W. Bush spent more, and Barack Obama​ makes them both look like pikers.

So Obama's scorn for the truth in this regard is only a minor matter. His scorn for the Constitution is something else.

That scorn has been expressed most recently in his "recess" appointments of members of the National Labor Relations Board​ and the chairmanship of the Consumer Financial Protection Bureau. The quotation marks are appropriate because when he made the appointments the Senate was not in recess as the Constitution requires.


Article II, Section 2 of the Constitution says that presidential appointments must be confirmed by the Senate unless Congress provides otherwise. But anticipating that the government may need officials when the Senate is unavailable, the section further provides that "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 the next session."

What constitutes a recess? Article I, Section 5 reads, "Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days."

The House did not consent to the adjournment of the Senate this year, so there is no recess, and hence no constitutional authority to make recess appointments
.


The White House has belatedly trotted out an opinion from the Justice Department's Office of Legal Counsel (headed by a political appointee) saying that the president was justified in considering the Senate in recess, because the sessions it was holding every three days were just pro forma or, in the words of Obama defenders, "gimmicks."

Factually this is flat wrong. At one of those sessions the Senate passed the payroll tax cut extension, an important piece of legislation.

More important, what gives the head of the executive branch the authority to decide whether one house of the legislative branch is conducting serious business? Can the president decide that the quality of Senate debate is so poor on any particular day that he may deem it to be in recess?

The recess appointments Obama made are to important offices. The National Labor Relations Board last year issued a complaint against Boeing for building a $1 billion aircraft plant in South Carolina. The complaint was withdrawn only after the union representing Boeing's Washington state workers bludgeoned the company into promising more jobs there.

The Consumer Finance Protection Bureau, established by the Dodd-Frank Act, has unusual powers, with a guaranteed revenue stream rather than reliance on congressional appropriations and a director with a fixed term (but can it extend beyond the end of the next session of Congress?) and independence from other regulatory authorities.

On this, Obama defied not only the Constitution, but Dodd-Frank, which explicitly states that the CFPB head can only take legal action after he is confirmed by the Senate. Presumably anyone aggrieved by one of his orders will sue and probably prevail.

So the appointment may turn out to be a futile act. But, hey, it's good fodder for campaign ads.

That's substantiated by the explanation for the appointment you can find of my.barackobama.com: "When Congress refuses to act, he will."

This looks uncomfortably close to the view taken by King Louis XIV. "L'etat, c'est moi," he is supposed to have said, and you don't need John Kerry's or Mitt Romney​'s command of French to know that that means one man rule.


The Framers of the Constitution saw it a different way. When the Senate refuses to confirm a presidential appointee, that person does not take office. When the Senate is not in recess, the president cannot make a recess appointment.

The Framers thought it more important to limit power than for government to act quickly. Barack Obama disagrees.

Republican presidential candidates have been praising the Founding Fathers. Obama has been defying them. Interesting contrast.
http://www.humanevents.com/article.php?id=48816

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