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(The New York Times)   Despite the best efforts of the GOP to block him, Obama recess appoints the first ever head of the Consumer Financial Protection Agency   (thecaucus.blogs.nytimes.com) divider line 516
    More: Hero, President Obama, GOP, protection agency, chiefs, Republican, Dodd-Frank Wall Street Reform and Consumer Protection Act, Ohio Attorney General, Richard Cordray  
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2744 clicks; posted to Politics » on 04 Jan 2012 at 1:45 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-01-04 02:57:13 PM
Garet Garrett: Like you qualify for a credit card.

800+ credit score. High disposable income. Well educated.

Take a guess who I'm voting for in 2012.
 
2012-01-04 02:58:07 PM
Eshman: Please cite one instance of Democratic obstructionism in the last 10 years.

Will Smith (D.R.I.).

That's one. I could cite you a thousand more, but I'm just giving what you asked for.
 
2012-01-04 02:58:17 PM
Garet Garrett: Weaver95: Except that the GOP hasn't exactly been playing fair either, have they?

What's that mean? Republicans didn't vote the way Obama did so you're going to give Obama a pass on upending the recess appointment power? Do you even bother to think? Or do you just kiss presidential ass?


And once again a Fark Conservative's rebuttal to Weaver95 is to infer he's a liberal.
 
2012-01-04 02:58:29 PM
Garet Garrett: You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

is this where we put the "thatsthejoke.jpg" ?
 
2012-01-04 02:58:55 PM
Dusk-You-n-Me: This is why Obama chose to do this today, as opposed to yesterday. Gets Cordray a full year.

--

By definition, a recess appointment expires at the end of the next full session of the Senate. If a nominee is recess appointed in the middle of a Senate session, he or she serves through the rest of that year, and through the next session.

Yesterday, it turns out, the Senate made the switch from the first to the second session of the 112th Congress. Some advocates hoped Obama would use the brief seconds between those two sessions to make the appointment. Because previous Presidents had seized that opening to make numerous recess appointments, Obama could have avoided a procedural or legal fight with the GOP. The rub, though, is that Cordray's appointment would have expired at the end of the year. The "next full session," after all, would have began mere seconds after his appointment was official.

By acting today, with session two of this Congress technically under way, Obama has given Cordray the rest of this session and the full next session of the Senate to run the bureau. Cordray could potentially serve through the end of 2013.

Link (new window)



i.imgur.com
 
2012-01-04 02:59:14 PM
what_now: Garet Garrett: Like you qualify for a credit card.

800+ credit score. High disposable income. Well educated.

Take a guess who I'm voting for in 2012.


Obviously you're a liar. Everyone knows liberals are all poor welfare queens buying plasma TVs or something.
 
2012-01-04 02:59:48 PM
keylock71: Weaver95: keylock71: Maybe today's Outraged Poster Du Jour can explain why the GOP hasn't allowed a vote on the nomination for six months and how that's not "subverting democracy"?

Because SOALISMS that's why.

Goddamn Soalists with well-heeled shoes always trying to ruin the country... : )

---

So, none of the peanut gallery in here biatching and moaning about this wants to take a crack at the questions I asked?


*crickets*
 
2012-01-04 03:00:04 PM
Garet Garrett: You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

Of course, that's a hypothetical, because the President whom Fark taught us to believe had absolutely zero respect for the Constitution actually abided by the Constitution. It took the election of a would-be Constitutional Law professor for us to witness a President who was willing to deem the Executive Branch the judge of the Legislative Branch's procedures.

I can't believe I have to write this shiat. This is elementary stuff. But The One did it, leaving you all credulous lemmings.


You asked a question. I answered. I don't know what all the rest of your babbling is about. Seems about as relevant as the Solyndra comment some other screech made.
 
2012-01-04 03:00:09 PM
Serious Black: Garet Garrett: Soup4Bonnie: Garet Garrett: And, by the way, wtf excuse does he have for not waiting for an actual recess? Just curious if you have an answer to that.

Because they are doing Pro Forma sessions to specifically avoid a recess just for this reason. They are obstructing the process either by not holding a vote or by not going into recess. President Obama juked them and left them standing there at the 30 yard line looking stupid while he's in the end zone doing the Ickey Shuffle.

You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

Um, yeah, actually, Bush did say just that, you farking dumbass. It's already been covered several previous times in the thread that a court has found this method constitutional.



Just emphasizing this. I just wonder if he has everyone one pointing this out on ignore.
 
2012-01-04 03:00:10 PM
what_now: Garet Garrett: Like you qualify for a credit card.

800+ credit score. High disposable income. Well educated.

Take a guess who I'm voting for in 2012.


Yeah, we've all got big boobs and/or a massive tool here on the internet. And if I had to guess, it would be for that girl Julie - she'd make a great class president.
 
2012-01-04 03:00:23 PM
Hard to believe Boehner & Co. don't want Obama reelected. He's playing them like a violin.
 
2012-01-04 03:00:56 PM
what_now: Cup_O_Jo: Government regulations on how you shop

Like my bank no longer being allowed to send me my credit card bill the day before its due and then slapping a hefty fine when I don't pay it on time?

DAMN YOU FARTBAMA!!!


That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.
 
2012-01-04 03:02:10 PM
Garet Garrett: Soup4Bonnie: Garet Garrett: And, by the way, wtf excuse does he have for not waiting for an actual recess? Just curious if you have an answer to that.

Because they are doing Pro Forma sessions to specifically avoid a recess just for this reason. They are obstructing the process either by not holding a vote or by not going into recess. President Obama juked them and left them standing there at the 30 yard line looking stupid while he's in the end zone doing the Ickey Shuffle.

You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

Of course, that's a hypothetical, because the President whom Fark taught us to believe had absolutely zero respect for the Constitution actually abided by the Constitution. It took the election of a would-be Constitutional Law professor for us to witness a President who was willing to deem the Executive Branch the judge of the Legislative Branch's procedures.

I can't believe I have to write this shiat. This is elementary stuff. But The One did it, leaving you all credulous lemmings.


Obama did it though so its OK!
 
2012-01-04 03:02:48 PM
Cup_O_Jo: That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.

I don't know which you are failing harder at...reading or sarcasm.
 
2012-01-04 03:03:01 PM
Weaver95: My advise? If its gonna happen anyway you might as well lay back and enjoy it.

i.imgur.com

/Approves
 
2012-01-04 03:03:07 PM
Dusk-You-n-Me: Ronald Reagan's Use of the Recess Power

According to G. Calvin Mackenzie, a professor at Colby College, "The principal current use of recess appointments is for the strategic purpose of circumventing the confirmation process. President Ronald Reagan used recess appointment powers as part of his effort to undermine the Legal Services Corporation (LSCV), a government agency that provides legal assistance in civil cases for the poor. Reagan made no appointments to the board of directors of the LSC for most of his first year in office. Then, to prevent holdovers who were Jimmy Carter's appointees from determining the 1982 grants of the LSC, Reagan made seven recess appointments on the last day of 1981. Over the next few years, Reagan made several regular nominations to the LSC board, then withdrew them before a Senate confirmation decision. At the same time, he continued to fill vacancies with recess appointments. Reagan appointees were thus able to control the LSC between 1981 and 1984, even though not a single one was confirmed by the Senate."

Link (new window)

And yet Reagan is still a god among the GOP. WEIRD


Was congress in recess?
 
2012-01-04 03:03:50 PM
dahmers love zombie: RexTalionis: Jurodan: I wasn't aware that congress went into recess. I had actually heard that they weren't going into recess because they wanted to block any and all appointments. How and when did they screw the pooch on their own plans? Someone else mentioned a momentary lapse of a few seconds between congresses. Did he sign orders during that point? The article doesn't give me the details, more the pity.

Actually, what the Senate is currently doing is having pro-forma sessions every four days. The idea is that if the Senate is in pro-forma session every four days, then technically, it is not an intrasession recess. However, as I have noted in my previous post, the 11th Circuit has determined, in a previous case of Evans v. Stephens (see my link for pertinent excerpt), that the Constitution does not differentiate between an intrasession recess and intersession recess and that the Constitution does not set minimum time periods on intrasession recesses within which the President is blocked from exercising a recess appointment power. (In the case of Evans v. Stephens, President Bush (43) made an appointment on the 7th day of a 10 day intrasession recess. Here, it's a 4 day intrasession recess.

Thank you for clarifying that to everyone. Now, we get to see who is just being a whiny little biatch about it, and who will acknowledge that Obama has the right to do it.


I never said that it was a good idea, but the progression towards smaller and smaller intrasession recesses by which to make a recess appointment has shortened has shortened significantly.

I read some Republican lamenting that President Obama is violating precedent of only making recess appointments during intrasession recesses of 10 days or longer (I believe either John Boehner or Orrin Hatch made this statement, but I can't find it now). However, it is notable that the "precedent" of only making recess appointments during intrasession recesses of 10 days or longer was set by President Bush (43) when he appointed Judge Pryor. This was also the case in controversy with regards to Evans v. Stephens that I mentioned earlier. Previous presidents made recess appointments in intrasession recess periods as short as 13 days (Reagan) and 11 days (Clinton).
 
2012-01-04 03:04:03 PM
I alone am best: Garet Garrett: Soup4Bonnie: Garet Garrett: And, by the way, wtf excuse does he have for not waiting for an actual recess? Just curious if you have an answer to that.

Because they are doing Pro Forma sessions to specifically avoid a recess just for this reason. They are obstructing the process either by not holding a vote or by not going into recess. President Obama juked them and left them standing there at the 30 yard line looking stupid while he's in the end zone doing the Ickey Shuffle.

You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

Of course, that's a hypothetical, because the President whom Fark taught us to believe had absolutely zero respect for the Constitution actually abided by the Constitution. It took the election of a would-be Constitutional Law professor for us to witness a President who was willing to deem the Executive Branch the judge of the Legislative Branch's procedures.

I can't believe I have to write this shiat. This is elementary stuff. But The One did it, leaving you all credulous lemmings.

Obama did it though so its OK!


Comparing your intelligence to a frothy pile of santorum left over after a porn shoot would be an insult to that santorum.
 
2012-01-04 03:04:27 PM
Old enough to know better: Good. Its about time Obama found his balls.

Hey, he honestly tried to work with the GlOP. I pray with all my heart to the FSM he never makes that mistake again.
 
2012-01-04 03:04:58 PM
Ninepoundhammer: keylock71: Weaver95: keylock71: Maybe today's Outraged Poster Du Jour can explain why the GOP hasn't allowed a vote on the nomination for six months and how that's not "subverting democracy"?

Because SOALISMS that's why.

Goddamn Soalists with well-heeled shoes always trying to ruin the country... : )

---

So, none of the peanut gallery in here biatching and moaning about this wants to take a crack at the questions I asked?

*crickets*


Seriously... All this moral indignation being posted and not one of these clowns wants to explain why the GOP hasn't allowed a vote on the nomination in six months and how that isn't a "subversion of democracy".

If this is such an underhanded move by Obama, these questions should be quite easy to answer, yet nothing but the usual partisan drivel wrapped up in moral indignation with a side of platitudes.
 
2012-01-04 03:05:23 PM
IXI Jim IXI: Cup_O_Jo: That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.

I don't know which you are failing harder at...reading or sarcasm.


I am not failing at shiat. The original commenter used banks as an analogy I HOPE. I really really hope. Paying your bills is your responsibility and not the Governments job to regulate businesses. If you don't like the business you go somewhere else. HOW HARD IS THAT?
 
2012-01-04 03:05:31 PM
 
2012-01-04 03:06:29 PM
Cup_O_Jo: That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.

Look, this isn't about me. It's about the people who have been farked over by the banks due to some truly shady practices- they send bills out a week before their due. They credit payments to the next day so they can jack up interest rates. They hold deposits for 48 hours and process debits immediately to jack up fees.

They are not playing fair, and they aren't hurting me- I'm alright thank you- they hurt the people who are already on a razor's edge, and who probably don't have a lot of financial education, because GUESS WHAT? Public schools don't teach it.

Basically, I'm in favor of not screwing over people because they can't afford a farking financial planner, EVEN IF IT COSTS ME A LITTLE BIT MORE, because I'm not an asshole.
 
2012-01-04 03:06:44 PM
It's nice that the president has all this new power! I'm sure it'll never be misused by the other side when it's their turn.
 
2012-01-04 03:07:28 PM
Cup_O_Jo: IXI Jim IXI: Cup_O_Jo: That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.

I don't know which you are failing harder at...reading or sarcasm.

I am not failing at shiat. The original commenter used banks as an analogy I HOPE. I really really hope. Paying your bills is your responsibility and not the Governments job to regulate businesses. If you don't like the business you go somewhere else. HOW HARD IS THAT?


When is the last time you paid a medical bill, Doley?
 
2012-01-04 03:07:48 PM
please regulate our asses off, obama.
thank you.
hero.
 
2012-01-04 03:07:48 PM
Corvus: Please Republicans biatch about this!! Please argue that it's your right to do nothing and block everything as a congress!! Oh please please please!

Done and done.

This whole thing, when you think about it, is like the game of tag. The Senate is that one, obnoxious kid that stands a foot away from base, and continually takes his hand on and off it while the other players run around. Then the kid who is it (the Pres.) tags the kid on that one second he wasn't touching base, and now that kid is screaming, "No fair!"

And when it comes to DC politics, grade school analogies are often quite apt.
 
2012-01-04 03:08:16 PM
Dusk-You-n-Me: BREAKING: Obama To Make Recess Appointments To National Labor Relations Board (new window)

cdn.newsone.com
 
2012-01-04 03:08:19 PM
cabbyman: It's nice that the president has all this new power! I'm sure it'll never be misused by the other side when it's their turn.

It's nice that idiots don't read this thread and realize that this isn't NEW power.
 
2012-01-04 03:08:50 PM
Eshman: Garet Garrett: Ninepoundhammer: And your failure to address republican obstructionism and it's role in his decision to go this route makes it difficult to take you seriously.

So you'll take me seriously if I address the GOP's obstructionism? Ok, how's this: The GOP isn't the first party to engage in any sort of obstructionism. Yet Obama is the first to redefine "recess" to mean "not recess" in order to respond to it. So, two things come to mind: first, why is the GOP's particular flavor of obstructionism unique? I don't believe it is, and thus I see no reason why non-unique problems would force unique responses. Second, is there a "they weren't playing nice" exception to constitutional process? Is that what you favor? Is constitutionality a sliding scale, dependent upon the amount of cooperation you're getting from other (co-equal, remember) branches of government?

God help us if the Supreme Court finds the individual mandate unconstitutional. What will you believe Obama to be justified in doing, then?

Please cite one instance of Democratic obstructionism in the last 10 years.


and that's where your wrong. You can continue to argue that this particularly virulent strain of republican obstructionism is not unusual but that doesn't change the fact that it is.
 
2012-01-04 03:09:34 PM
colon_pow: please regulate our asses off, obama.
thank you.
hero.


Please leave us unregulated. We won't buttfark the world economy again, pinkie swear. - The banks.
 
2012-01-04 03:09:47 PM
colon_pow: please regulate our Bank of America's asses off, obama.
thank you.
hero.


FIFY.

Go ahead, white knight BoA some more. Maybe they'll throw you a free tshirt when they foreclose on your house after you've paid the whole thing off.
 
2012-01-04 03:10:04 PM
Dusk-You-n-Me: BREAKING: Obama To Make Recess Appointments To National Labor Relations Board (new window)

I had read that he was going to do this in another piece but I didn't understand all of the ramifications of the 2 member board. Thanks for the link.
 
2012-01-04 03:10:23 PM
Man, I'm reading through Evans v. Stephens for their arguments as to why intrasession recess appointments are constitutional, and it's hilarious how damn semantic they got. They actually argued about the meaning of the word "the". They must really like Bill Clinton.
 
2012-01-04 03:11:46 PM
LordJiro: cabbyman: It's nice that the president has all this new power! I'm sure it'll never be misused by the other side when it's their turn.

It's nice that idiots don't read this thread and realize that this isn't NEW power.


This is the first time a black President has used the authority vested in him by the Constitution. I think we should wait until the Supreme Court rules on whether the blackness invalidates the Presidency.
 
2012-01-04 03:11:58 PM
Weaver95: RedPhoenix122: Ninepoundhammer: Invoking Poe's Law

Quoth the Congress, "Nevermore."

I hear a rapping at my chamber door.


Once upon a midnight dreary
While I posted smug and sneery
 
2012-01-04 03:12:47 PM
Garet Garrett: Soup4Bonnie: Garet Garrett: But The One did it, leaving you all credulous lemmings.

And the ad hominems start coming out. I knew you were running on fumes.
 
2012-01-04 03:12:51 PM
meat0918: Serious Black: Garet Garrett: Soup4Bonnie: Garet Garrett: And, by the way, wtf excuse does he have for not waiting for an actual recess? Just curious if you have an answer to that.

Because they are doing Pro Forma sessions to specifically avoid a recess just for this reason. They are obstructing the process either by not holding a vote or by not going into recess. President Obama juked them and left them standing there at the 30 yard line looking stupid while he's in the end zone doing the Ickey Shuffle.

You know that pro forma sessions have been held in the past, right? Such as, in 2007? So Bush would've been justified in saying to Congress "well hold on there, that's not a REAL session you're having there. I think you're REALLY in recess."

Um, yeah, actually, Bush did say just that, you farking dumbass. It's already been covered several previous times in the thread that a court has found this method constitutional.


Just emphasizing this. I just wonder if he has everyone one pointing this out on ignore.


You mean the quote from the Evans case? That involved an actual recess declared by Congress. Please try again.

You tools really don't get this, so let me explain in short words: Congress gets to decide when Congress is in recess, or when it's in session. The President doesn't get to second-guess them. It's a core separation of powers principle. The recess appointment power is disfavored because it's an end-run around Congress, which has a constitutional authority to give (or withhold) its consent to certain people having certain positions. And because it's an end-run around an express grant of constitutional authority, it's entirely within Congress's constitutional authority to fark with the Executive who's trying to do that end-run.

And here, the joke is really on Obama. Dodd-Frank states explicitly that the duties of this position shall remain with the Treasury Secretary until the Director is "confirmed by the Senate" (n.b., not "appointed by the President"). So he's violating the law by installing anyone in that position without Senate confirmation.

/This is unusual language, you'll have to ask Frank and Dodd why they used it
//But who gives a fark about this law, anyway? Just enforce the parts you like, like the ones that get you out of your late fees you somehow get on credit cards despite having 800+ credit scores
 
2012-01-04 03:13:32 PM
Ninepoundhammer: Garet Garrett: Soup4Bonnie: Garet Garrett: But The One did it, leaving you all credulous lemmings.

And the ad hominems start coming out. I knew you were running on fumes.


Sh*t that started back when he tried to call Weav a Democrat.
 
2012-01-04 03:13:34 PM
Cup_O_Jo: I am not failing at shiat. The original commenter used banks as an analogy I HOPE. I really really hope. Paying your bills is your responsibility and not the Governments job to regulate businesses. If you don't like the business you go somewhere else. HOW HARD IS THAT?

Easier than reading and sarcasm, apparently.
 
2012-01-04 03:14:29 PM
what_now: Basically, I'm in favor of not screwing over people because they can't afford a farking financial planner, EVEN IF IT COSTS ME A LITTLE BIT MORE, because I'm not an asshole.

It's nice when people are generous with their money. You know what's not nearly as nice? Being generous with other people's money.
 
2012-01-04 03:14:30 PM
Cup_O_Jo: what_now: Cup_O_Jo: Government regulations on how you shop

Like my bank no longer being allowed to send me my credit card bill the day before its due and then slapping a hefty fine when I don't pay it on time?

DAMN YOU FARTBAMA!!!

That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.


So you WANT to be a victim, and everyone else? fark you.
 
2012-01-04 03:14:31 PM
Cup_O_Jo: Why does this have a hero tag? And why are people joyous about this. Government regulations on how you shop. YEAY. I LIKE GOVERNMENT IN EVERYTHING. WTF? Looks around--I am in America right?

You tell it, crazy lady. What about government regulations on LIGHT BULBS AND LAUNDRY DETERGENT. Obama? More like Fuhrerbama
 
2012-01-04 03:15:03 PM
what_now: Cup_O_Jo: That has nothing to do with Obama. That has to do with you opening your mail--and paying your bills. NOT the Governments responsibility. YOURS and if you don't like it change banks.

Look, this isn't about me. It's about the people who have been farked over by the banks due to some truly shady practices- they send bills out a week before their due. They credit payments to the next day so they can jack up interest rates. They hold deposits for 48 hours and process debits immediately to jack up fees.

They are not playing fair, and they aren't hurting me- I'm alright thank you- they hurt the people who are already on a razor's edge, and who probably don't have a lot of financial education, because GUESS WHAT? Public schools don't teach it.

Basically, I'm in favor of not screwing over people because they can't afford a farking financial planner, EVEN IF IT COSTS ME A LITTLE BIT MORE, because I'm not an asshole.


THIS 1000x
 
2012-01-04 03:15:05 PM
Garet Garrett: You tools really don't get this, so let me explain in short words: Congress gets to decide when Congress is in recess, or when it's in session. The President doesn't get to second-guess them. It's a core separation of powers principle. The recess appointment power is disfavored because it's an end-run around Congress, which has a constitutional authority to give (or withhold) its consent to certain people having certain positions. And because it's an end-run around an express grant of constitutional authority, it's entirely within Congress's constitutional authority to fark with the Executive who's trying to do that end-run.

GOP lawyers disagree.
 
2012-01-04 03:15:23 PM
Dusk-You-n-Me: BREAKING: Obama To Make Recess Appointments To National Labor Relations Board (new window)

i47.photobucket.com


A Democrat with a backbone? Maybe the world will end in 2012.

/Good for him
 
2012-01-04 03:15:41 PM
Reverend J: Quasar: Sweet. The head of a mostly toothless agency will really turn things around for America.

Description of teh CFBU

/Google is your friend


To be fair, campus radio stations are not well known for their awesome political powers, even if they do have good Wednesday night reggae shows.
 
2012-01-04 03:16:17 PM
Garet Garrett: what_now: Basically, I'm in favor of not screwing over people because they can't afford a farking financial planner, EVEN IF IT COSTS ME A LITTLE BIT MORE, because I'm not an asshole.

It's nice when people are generous with their money. You know what's not nearly as nice? Being generous with other people's money.


That's because it's my money. Mine! Mine!

Keep going, man, you're fun.
 
2012-01-04 03:16:47 PM
verbaltoxin: Ninepoundhammer: Garet Garrett: Soup4Bonnie: Garet Garrett: But The One did it, leaving you all credulous lemmings.

And the ad hominems start coming out. I knew you were running on fumes.

Sh*t that started back when he tried to call Weav a Democrat.


He called him a liberal. Which he is very liberal. As a libertarian I don't expect him to be conservative.
 
2012-01-04 03:16:57 PM
3 years into his presidency, I think this Mr. Obama wants government to function despite itself.
 
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