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Obama recess appointments invalid

Discussion in 'Legal' started by Tirod, Jan 25, 2013.

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  1. Tirod

    Tirod Member

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    As said : http://www.reuters.com/article/2013/01/25/us-usa-obama-appointments-idUSBRE90O0TG20130125

    Interpret the meaning as you will, he's been called on it. What happens next is anyone's best guess, from having to submit them to Congress anyway, to being sued for every single ruling, act, or decision they made. "Sued" being those who acted on those findings.

    Where does this go for us? Recess appointments are now a thorny issue. Make them and get called on them, or get Congress's approval, which hasn't happened yet for the Director for the ATF.

    So, who did he offer? http://www.sodahead.com/united-stat...-design-of-fast-and-furious/question-3470931/

    Now he can't just wait for a recess, the poor guy is going to be answering questions from Issa and Grassley.

    The press gave him a pass in his first term, but if they catch a whiff of a controversy, they will play the story. It's not even the first month of the second term and numerous issues are already starting to line up. The President is not going to leave office unscathed.

    Both he, the White House, even Feinstein are all mouthing weasel words about how the Nation needs to rise up and overcome the evil Assault Gunners to make this country safe. In other words, it's your fault if you don't rubber stamp our attempt to disarm you.

    Nice insight to how little they expect to actually get out of this. Now that so many senior leaders have been transferred to get them out of the Fast and Furious limelight, it's leaving him front and center to answer for it. You would have thought they could at least choose straws and have somebody for a scapegoat fall on their sword, apparently this Administration doesn't have that kind of loyalty.

    J.J. Abrams couldn't come up with this stuff. Truth is always stranger than fiction.
     
  2. w9trb

    w9trb Member

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    I applaud any mainstream media that uses the words Obama and unconstitutional in the same sentence. I hope to hear and read it more often. I sent money to the NRA this morning and then e-mailed Sen. Feinstein. Then used Ruger's help to e-mail all my gov. Officials. These uses of the First amendment feel pretty good, Lord knows I've used the Second amendment long enough. Time to exercise more of my rights.
     
  3. Sam1911

    Sam1911 Moderator

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    Interesting! Wonder what that will turn out to really mean for the head of the ATF?
     
  4. TNBilly

    TNBilly Member

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    old saying as well - justice delayed is justice denied

    How many years so far?
     
  5. fxstchewy

    fxstchewy Member

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    As John McCain said...if you want chicago style politics vote for him...bho.
     
  6. larryh1108

    larryh1108 Member

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    Do we see a pattern here?

    It seem like the Big O has been down this path before!

    WASHINGTON — President Barack Obama violated the Constitution when he bypassed the Senate last year to appoint three members of the National Labor Relations Board, a federal appeals court ruled Friday in a far-reaching decision that could severely limit a chief executive's powers to make recess appointments.

    link to article:
    http://xfinity.comcast.net/articles/news-general/20130125/US.Obama.Recess.Appointments/

    A tiger can't change his stripes.
     
  7. hogshead

    hogshead Member

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    Thats King Big O
     
  8. browningguy

    browningguy Member

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    Uhmmmm, every president does this when they have congress in session that won't vote on an appointment, democrats and republicans. If congress would do their jobs and vote on them it wouldn't have to happen.
     
  9. k_dawg

    k_dawg Member

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    browning:

    Obama chose a very different and intentional change in what he considers a 'recess appointment'.

    Basically, he claimed that if Senators were not actively in the Senate, conducting legislative debate, they were in recess. Such as when people go home for the evening.

    A long line of previous Presidents limited it to when the Senate was not even in DC, such during the Christmas break. This ruling pushed the pendulum even further/more restrictive.

    Personally, I believe it ought to be soley reserved when the current appointee can no longer fullfill his job *AND* the Senate is not in session.

    But if the Senate in session refuses to consent to any of the nominations, it is not 'free game' when they turn off the lights and go home.
     
  10. OilyPablo

    OilyPablo Member

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    Over-reaching and misbehavior never bode well for 2nd termers. Let's keep this interesting and our nation will be much better off. We have a Constitution for a reason, and one reason (among many) is to keep some hack as President from ruining the country. The President can only do so much - I love it when people say this. I usually say "exactly!!"
     
  11. browneu

    browneu Member

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    It will be interesting to watch. Also, not every president did this. I can't remember the exact numbers but it wasn't used for the first 80 years and only 5 times in 150.

    The issue is the president can't state the senate in recess to make an appointment and bypass approval. The senate states when it isn't in session and congress approves it.

    Obama definitely did something brazen. We'll see if the supreme court upholds the lower court's ruling. I'm not sure Obama will lose. The health care ruling was definitely a let down.

    Sent from my SGH-T999 using Tapatalk 2
     
  12. larryh1108

    larryh1108 Member

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    It just proves that Obama will throw our rights against the wall when it serves his will and then sees if they stick. It proves he has no regard for the Constitution when he has his own agenda to serve. He has nothing to lose as a second termer. Too bad he can't be held accountable if it's deemed unconstitutional.
     
    Last edited: Jan 25, 2013
  13. xfyrfiter

    xfyrfiter Member

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    Maybe he can't be held accountable, but he can, and should be, impeached.
     
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