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(Daily Kos) Fail House GOP plans to introduce a measure condemning the President's recess appointments...as soon as they return from recess   (dailykos.com) divider line 138
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2574 clicks; posted to Politics » on 11 Jan 2012 at 8:05 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



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2012-01-11 03:16:14 PM
I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.
 
2012-01-11 03:19:09 PM
Dear GOP,
STFU & GBTW
Please pay particular attention to the STFU part

Sincerely,
The American Public
 
2012-01-11 03:26:04 PM
Thank God they are doing this. This will create thousands of jobs and will not be a waste of time for sure!
 
2012-01-11 03:37:16 PM
bwahahahahahaha

my god, house republicans are just farking morons.
 
2012-01-11 03:42:53 PM
To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.
 
2012-01-11 03:58:03 PM
Grand_Moff_Joseph: I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.

If I was the solicitor general defending this I would just stand there and read Article II, Section 2 of the Constitution, then rest the case.
 
2012-01-11 04:19:16 PM
Code_Archeologist: Grand_Moff_Joseph: I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.

If I was the solicitor general defending this I would just stand there and read Article II, Section 2 of the Constitution, then rest the case.


And rule which way? It's not that clear cut.
 
2012-01-11 04:22:27 PM
kingoomieiii: And rule which way?

Oh, first half of post. Reading is FUNdamental!
 
2012-01-11 04:22:34 PM
What would be even better is if this went to trial, the Government called Boehner, et al. as witnesses, and they sit there and plead the 5th.
 
2012-01-11 04:32:35 PM
kingoomieiii: Code_Archeologist: Grand_Moff_Joseph: I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.

If I was the solicitor general defending this I would just stand there and read Article II, Section 2 of the Constitution, then rest the case.

And rule which way? It's not that clear cut.


IMO, it is. The GOP claims that Congress is in recess, yet they continue to hold pro forma sessions to simultaneously claim they are NOT in recess. If they ARE in recess, why is noone in town, and why hold pro forma sessions? Why haven't they forced the other chamber back to work? Then again, if they are NOT in recess, and are in session, then why is no business being done? why are minority members being gaveled down on the floor and the TV turned off?

either way, the GOP is lying.
 
2012-01-11 04:50:56 PM
adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.


No. The Constitution doesn't say anything about what constitute a recess at all. The provision you speak of actually only states that an adjournment by one house cannot exceed three days unless with the consent of the other.
 
2012-01-11 05:19:20 PM
Just curious, did they stop their "pro forma" recess after the appointments were made?
 
2012-01-11 05:27:16 PM
adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.


TR once put 160 recess appointments into place between gavel hits ending once session of Congress and starting the next.

I think there is precedent.
 
2012-01-11 06:00:16 PM
timujin: Just curious, did they stop their "pro forma" recess after the appointments were made?

Not that I am aware of.
 
2012-01-11 06:07:41 PM
kingoomieiii: Code_Archeologist: Grand_Moff_Joseph: I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.

If I was the solicitor general defending this I would just stand there and read Article II, Section 2 of the Constitution, then rest the case.

And rule which way? It's not that clear cut.


Evans vs Stephens 2004... yes it is that clear cut. The president has the power to make recess appointment not just when the Senate is in "official" recess but also between sessions (intersession) and during recesses mid session (intrasession). The only controversy here is in that the Republicans are attempting to nullify a law via extra-Constitutional procedural trickery.
 
2012-01-11 06:28:09 PM
A court isn't going to touch this. They will characterize it as a non-justiciable political question.
 
2012-01-11 07:23:29 PM
I don't see why we give these people such long breaks to begin with
 
2012-01-11 07:31:44 PM
Aarontology: I don't see why we give these people such long breaks to begin with

mattstil.es

Even in their busiest years, they still worked nearly 100 days LESS than the average working American.
 
2012-01-11 07:37:58 PM
I'm going with my default opinion: This Constitution and both parties suck.
 
2012-01-11 08:11:34 PM
The senate Republicans' own calendar says "The senate is not in session" (new window). It has been out of session since Dec. 16th.
 
2012-01-11 08:12:43 PM
TheOther: I'm going with my default opinion: This Constitution and both parties suck.

And my opinion is that you are an intellectual coward who wants to equivocate any opposing opinions in modern American politics because you can't be bothered to think for yourself and take a consistent position.

This is all happening because the conservatives are getting desperate. What they can no longer achieve by legislation, they are trying to achieve through loopholes and technicalities.

Goodbye, conservatives. May hell itself hit your ass on the way out.

-Me
 
2012-01-11 08:12:57 PM
adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.


It's amazing just how much wrong one can pack into two sentences.
 
2012-01-11 08:26:57 PM
Thrag: The senate Republicans' own calendar says "The senate is not in session" (new window). It has been out of session since Dec. 16th.

That's a truly wonderful thing, that is. Worthy of an screengrab:

i.imgur.com
 
2012-01-11 08:28:45 PM
Hahaha, they really didn't see the irony in this?
 
2012-01-11 08:30:00 PM
Even factoring in two weeks vacation for the average working person, Congress STILL gets 10 weeks vacation this year. Must be nice.
 
2012-01-11 08:30:04 PM
Fark them. They can go cry to their mommies and have their hissy fits during recess. Goddamn worthless whiners. I say put through another recess appointment every time one of them opens their mouth to complain.
 
2012-01-11 08:30:11 PM
Grand_Moff_Joseph: Aarontology: I don't see why we give these people such long breaks to begin with

[mattstil.es image 640x400]

Even in their busiest years, they still worked nearly 100 days LESS than the average working American.


52*5=260

Let's assume the normal person gets 10 days of paid vacation days and 10 days of holidays, which gets you to 240 working days.

Me? 20 days off a year, 12 holidays, 3 personal days, so I'm more like 215 not counting sick days.

And that's just when they're in session. They need to also go back to their districts and have town hall meetings and the like which aren't counted up there.

/Don't get me wrong. They're lazy, but not that lazy.
 
2012-01-11 08:34:05 PM
The House of Representatives don't even have a vote in nominating or not nominating Richard Cordray, that's the Senate's job. The Senate did not nominate Cordray so Obama decide to make an appointment while the Senate was in recess. Thus this measure condemning the President by the House is moot.
 
2012-01-11 08:34:09 PM
This recess appointment shiat has got me so fired up I'm going to call my Senator's office and let that farker ring until he picks up.
 
2012-01-11 08:36:05 PM
kronicfeld: A court isn't going to touch this. They will characterize it as a non-justiciable political question.

This. It is not for the Court to decide if the houses of Congress are in session or not.
 
2012-01-11 08:38:29 PM
Republicans learning new ways to fail everyday.
 
2012-01-11 08:41:12 PM
kronicfeld: A court isn't going to touch this. They will characterize it as a non-justiciable political question.

Or in the common vernacular: You made this farkup, you fix it.
 
2012-01-11 08:43:42 PM
Really. Really?

Seriously?

And what do they say when the reporters ask "Why didn't you do this sooner?"

Are they really this dense? Do they not see how this is playing 'exactly' into his hands? Do they not see that simply dragging this out is only helping him and hurting them? I mean, the only people left who are going to vote against Obama were never going to vote for him in the first place.

Do they not see how bad this is making them look? They're at NINE PERCENT approval rating. NINE. And they're whining that the President did something that he's entitled to do during a time when he's entitled to do it.

My god, are they 'that' detached from the narrative?
 
2012-01-11 08:47:06 PM
Thrag: The senate Republicans' own calendar says "The senate is not in session" (new window). It has been out of session since Dec. 16th.

bwahahahahahahahaha
imagine all the forced testimony??
bwhahahahahahahaah

rtards say what ??
 
2012-01-11 08:47:55 PM
Why yes, yes you are hot.

images2.dailykos.com

God I love liberal chicks.
 
2012-01-11 08:48:29 PM
Karac: kronicfeld: A court isn't going to touch this. They will characterize it as a non-justiciable political question.

Or in the common vernacular: You made this farkup, you fix it.


farking activist judges !!!
 
2012-01-11 08:48:36 PM
adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.


Apparently you never heard of the legal concept called, "Constitution Shmonstitution".

Code_Archeologist: Evans vs Stephens 2004... yes it is that clear cut. The president has the power to make recess appointment not just when the Senate is in "official" recess but also between sessions (intersession) and during recesses mid session (intrasession). The only controversy here is in that the Republicans are attempting to nullify a law via extra-Constitutional procedural trickery.

This has nothing to do with intra or intersessional appointments. This has to do with appointment during a pro-forma session when the Congress has not per their own rules, gone into recess.
 
2012-01-11 08:49:58 PM
Whoooaa. They're going to issue the congressional equivalent of a sternly-worded letter!
Those boys are some baaaad motherf**kers.
 
2012-01-11 08:50:25 PM
qorkfiend: kronicfeld: A court isn't going to touch this. They will characterize it as a non-justiciable political question.

This. It is not for the Court to decide if the houses of Congress are in session or not.


Actually, it is. I think kronicfeld's point is different than yours. The SCOTUS will not touch it is significantly different than the SCOTUS should not touch it. My opinion, as it seems kronicfeld's as well, is that the SCOTUS is full of pussies who prefer to not rule when they can get away from it.
 
2012-01-11 08:52:40 PM
MaudlinMutantMollusk: Dear GOP,
STFU & GBTW
Please pay particular attention to the STFU part

Sincerely,
The American Public


PS: But still GBTW...
 
2012-01-11 08:53:41 PM
Code_Archeologist: kingoomieiii: Code_Archeologist: Grand_Moff_Joseph: I'm sure that this will in no way be brought up if/when the GOP challenges these appointments in court.

If I was the solicitor general defending this I would just stand there and read Article II, Section 2 of the Constitution, then rest the case.

And rule which way? It's not that clear cut.

Evans vs Stephens 2004... yes it is that clear cut. The president has the power to make recess appointment not just when the Senate is in "official" recess but also between sessions (intersession) and during recesses mid session (intrasession). The only controversy here is in that the Republicans are attempting to nullify a law an entire agency via extra-Constitutional procedural trickery.


This whole bullshiat started because the cowards in the GOP didn't like the CFPB (what with it being an agency that A: is designed to protect consumers, B: something Obama likes, and C: safe from the usual tactic of gutting its budget if they don't like it), and thus, they were trying to keep it from having a leader.

It, like every other thing the current congressional Republicans do, is a pathetically childish situation, and it's about damn time Obama stopped putting up with Republican tantrums.
 
2012-01-11 08:57:06 PM
Mrbogey: adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.

Apparently you never heard of the legal concept called, "Constitution Shmonstitution".

Code_Archeologist: Evans vs Stephens 2004... yes it is that clear cut. The president has the power to make recess appointment not just when the Senate is in "official" recess but also between sessions (intersession) and during recesses mid session (intrasession). The only controversy here is in that the Republicans are attempting to nullify a law via extra-Constitutional procedural trickery.

This has nothing to do with intra or intersessional appointments. This has to do with appointment during a pro-forma session when the Congress has not per their own rules, gone into recess.


It doesn't matter what they 'call' it, they weren't in session, they weren't conducting business and the lawyers have already come out with the verdict.

Why do I say this? Because if the GOP had a chance, even the slightest chance of being legally vindicated, they'd have sent in the lawyers ON THE VERY DAY THAT HE ANNOUNCED THESE APPOINTMENTS.

They didn't. They squealed like a bunch of girls and whined and complained and their grand retribution is to announce a measure(nonbinding Congressional statement) condemning his recess appointments...and they're going to do it AFTER THEY COME FROM THE RECESS THEY CLAIM THAT THEY'RE NOT IN.

They can call it whatever they like, but they know they've lost this, and if they had any sense at all, they'd simply stop mentioning it and move on and pretend like they didn't get spanked.

This clinging to the issue is simply keeping it in the news in the vain hope that they can turn the narrative around...when the American people have already moved on to other things. They Don't Care.

But, by all means, let them continue to smear feces on themselves in an attempt to appear victimized.
 
2012-01-11 08:57:22 PM
RexTalionis: adiabat: To be Constitutionally in 'recess', the House and the Senate both have to agree to let each other 'recess'.
Considering these guys can't agree on shiat. It should be a slam-dunk reversal when they challenge.

No. The Constitution doesn't say anything about what constitute a recess at all. The provision you speak of actually only states that an adjournment by one house cannot exceed three days unless with the consent of the other.



This is why the pro-forma sessions are taking place only every third day.
 
2012-01-11 09:00:59 PM
Infernalist: It doesn't matter what they 'call' it, they weren't in session

Was the House called into session? If so, then the House was in session.
 
2012-01-11 09:03:16 PM
Mrbogey: Infernalist: It doesn't matter what they 'call' it, they weren't in session

Was the House called into session? If so, then the House was in session.


...their own calendar says they've been in recess since the 16th. I realize you're trolling, but at this point, it just looks embarrassing.

Admit defeat, move on.
 
2012-01-11 09:05:33 PM
Masso: Hahaha, they really didn't see the irony in this?

I think many of them do. Namely the ones that are smart enough to realize that the mouthbreathers that support them will not see it.
 
2012-01-11 09:07:27 PM
Mrbogey: Infernalist: It doesn't matter what they 'call' it, they weren't in session

Was the House called into session? If so, then the House was in session.


So? What role does the house play in senate confirmations?

The GOP is so mind numbingly stupid that they are holding their pro-forma sessions in the house and not the senate and they have even put "The senate is not in session" on their own calendar.
 
2012-01-11 09:09:13 PM
wow, haven't LOLed a headline for a long time.
 
2012-01-11 09:10:56 PM
The President has the power to adjourn both houses if they can't agree on an adjournment date. Couldn't Harry Reid have refused to adjourn the Senate when Boehner wanted to adjourn the House, thus enabling the President to adjourn them both?
 
2012-01-11 09:11:38 PM
"Recess" is exactly the right word for what a bunch of childish brats do when they're not sitting around flinging poo at each other.
 
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