News: Obama recess appointments ruled unconstitutional!

  • 70 results
  • 1
  • 2

This topic is locked from further discussion.

Avatar image for deactivated-5b78379493e12
deactivated-5b78379493e12

15625

Forum Posts

0

Wiki Points

0

Followers

Reviews: 12

User Lists: 0

#51 deactivated-5b78379493e12
Member since 2005 • 15625 Posts

I'd be totally okay with recess appointments being declared unconstitutional if the abuse of the filibuster was dealt with. Sadly, because Democrats remain ginormous "wimps", that's unlikely to happen.nocoolnamejim

Mhm.

Avatar image for lamprey263
lamprey263

44560

Forum Posts

0

Wiki Points

0

Followers

Reviews: 10

User Lists: 0

#52 lamprey263
Member since 2006 • 44560 Posts
it's not that there's anything wrong with recess appointments, not legally, he did it while a "pro forma" session of Congress is underway, it's basically like being open for business and but not doing business because nobody is around, so under that circumstance he can't do recess appointments because technically they're not on recess but they're also not there
Avatar image for comp_atkins
comp_atkins

38677

Forum Posts

0

Wiki Points

0

Followers

Reviews: 3

User Lists: 0

#53 comp_atkins
Member since 2005 • 38677 Posts

[QUOTE="comp_atkins"]while i agree with the ruling.. it'd be nice if congress got their heads out of their a--es and at least had the hearing to get people confirmed... there should be another check on congress.. something like if congress doesn't act to rule on the confirmation of appointments in X number of days/weeks, the president can appoint whomever they see fit... keep the ball rolling. whipassmt

Actually I think Obama used the recess appointments only 10 hours after notifying the senate of the nominations of three people, so it makes sense they never voted on those guys. The other recess appointment, I think Obama had given the Senate more time on him.

iirc the whole reason he had to resort to the recess appt. crap in the first place is because congress would not go ahead w/ the normal confirmation processes... which is where my suggestion comes in.
Avatar image for DroidPhysX
DroidPhysX

17098

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#54 DroidPhysX
Member since 2010 • 17098 Posts
Obama is probably relieved that the conservatives on the supreme court favor executive power over legislative power.
Avatar image for WhiteKnight77
WhiteKnight77

12605

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#55 WhiteKnight77
Member since 2003 • 12605 Posts

Take that Obama.

BTW the recess appointments are already expired anyway I think, but now that they've been ruled unconstitutional any policies implemented by those people may not be able to be enforced anymore.

whipassmt
I wonder if the impact of the recess appointments to the National Labor Relations Board that ruled that Boeing couldn't completely move production of the Dreamliner (787) to South Carolina (right to work state) due to the NLRB ruling against them will let Boeing move said production line after all? It was the pro-union board members that stopped said move. With their appointments tossed out, there is nothing stopping Boeing from moving the line really.
Avatar image for LongZhiZi
LongZhiZi

2453

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#56 LongZhiZi
Member since 2009 • 2453 Posts
[QUOTE="whipassmt"]

Take that Obama.

BTW the recess appointments are already expired anyway I think, but now that they've been ruled unconstitutional any policies implemented by those people may not be able to be enforced anymore.

WhiteKnight77
I wonder if the impact of the recess appointments to the National Labor Relations Board that ruled that Boeing couldn't completely move production of the Dreamliner (787) to South Carolina (right to work state) due to the NLRB ruling against them will let Boeing move said production line after all? It was the pro-union board members that stopped said move. With their appointments tossed out, there is nothing stopping Boeing from moving the line really.

Assuming this is upheld (either SC declines to hear the case or they hear it and uphold the ruling), then ANY ruling made by the NLRB since that appointment is null and void. There was no quorum to make decisions at that point. The same applies to the CFPB.
Avatar image for resevl4rlz
resevl4rlz

3848

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#57 resevl4rlz
Member since 2005 • 3848 Posts

the only reason it was ruled unconstitutional was because obama is black Novotine

someone didn't learn or pass the Constitution test

Avatar image for Laihendi
Laihendi

5872

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#58 Laihendi
Member since 2009 • 5872 Posts
Obama is a hypocrite and he has no respect for the law. It is good to see people taking a stand against him.
Avatar image for Blue-Sky
Blue-Sky

10381

Forum Posts

0

Wiki Points

0

Followers

Reviews: 6

User Lists: 0

#59 Blue-Sky
Member since 2005 • 10381 Posts

A president shouldn't have to resort to something like this.

When you have party hell bent on deny every single apointment/nomination you make what more can you do? In the past, the house/senate approval of cabinet and federal appointments were typically a formality. But just like the filibuster, republicans are abusing every loop hole in the system forcing Obama to use loopholes to counterattack.

Avatar image for Lotus-Edge
Lotus-Edge

50513

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#60 Lotus-Edge
Member since 2008 • 50513 Posts

A president shouldn't have to resort to something like this.

When you have party hell bent on deny every single apointment/nomination you make what more can you do? In the past, the house/senate approval of cabinet and federal appointments were typically a formality. But just like the filibuster, republicans are abusing every loop hole in the system forcing Obama to use loopholes to counterattack.

Blue-Sky
Fun to watch, eh.
Obama is a hypocrite and he has no respect for the law. It is good to see people taking a stand against him.Laihendi
Like this kid.^
Avatar image for whipassmt
whipassmt

15375

Forum Posts

0

Wiki Points

0

Followers

Reviews: 24

User Lists: 0

#63 whipassmt
Member since 2007 • 15375 Posts

it's not that there's anything wrong with recess appointments, not legally, he did it while a "pro forma" session of Congress is underway, it's basically like being open for business and but not doing business because nobody is around, so under that circumstance he can't do recess appointments because technically they're not on recess but they're also not therelamprey263
Ah "pro forma" session that was the term I was looking for when I was last on this topic. Yeah, the House held a pro forma session in order to prevent there from being a Congressional recess so that Obama couldn't make a recess appointment. The whole pro forma session thing though was originally a tactic first developed by Senate Democrats in 2007 to block President Bush from making recess appointments.

Avatar image for whipassmt
whipassmt

15375

Forum Posts

0

Wiki Points

0

Followers

Reviews: 24

User Lists: 0

#64 whipassmt
Member since 2007 • 15375 Posts

To supplement the TCs post: Obama's appointments were ruled unconstitutional unanimously by a panel of an Appeals court (I think it was three judges).

Obama, through the Dept. of Justice will likely appeal the ruling, there are two avenues through which he may do so: 1. He can appeal directly to the Supreme Court 2. He can ask for "en banc review" where all the judges of the appeals court (instead of just the panel) would hear the case. The fact that the panel's ruling was unanimous could bode poorly for Obama. I think at the end of the day though, the Courts will rule that Congress decides when Congress is in session and as such if Congress says it is in recess, it is in recess, thus the appointments were illegitimate.

Avatar image for LJS9502_basic
LJS9502_basic

178844

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#65 LJS9502_basic
Member since 2003 • 178844 Posts
this is insulting. obama should b able 2 do anything Novotine
lol
Avatar image for -Sun_Tzu-
-Sun_Tzu-

17384

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#66 -Sun_Tzu-
Member since 2007 • 17384 Posts

To supplement the TCs post: Obama's appointments were ruled unconstitutional unanimously by a panel of an Appeals court (I think it was three judges).

Obama, through the Dept. of Justice will likely appeal the ruling, there are two avenues through which he may do so: 1. He can appeal directly to the Supreme Court 2. He can ask for "en banc review" where all the judges of the appeals court (instead of just the panel) would hear the case. The fact that the panel's ruling was unanimous could bode poorly for Obama. I think at the end of the day though, the Courts will rule that Congress decides when Congress is in session and as such if Congress says it is in recess, it is in recess, thus the appointments were illegitimate.

whipassmt
I doubt this ruling stays in tact in full. The court's ruling was extremely broad, and doesn't just effect intrasession recess appointments but intersession appointments as well. There is even some debate over whether or not this issue is in the jurisdiction of the courts all together.
Avatar image for whipassmt
whipassmt

15375

Forum Posts

0

Wiki Points

0

Followers

Reviews: 24

User Lists: 0

#67 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

To supplement the TCs post: Obama's appointments were ruled unconstitutional unanimously by a panel of an Appeals court (I think it was three judges).

Obama, through the Dept. of Justice will likely appeal the ruling, there are two avenues through which he may do so: 1. He can appeal directly to the Supreme Court 2. He can ask for "en banc review" where all the judges of the appeals court (instead of just the panel) would hear the case. The fact that the panel's ruling was unanimous could bode poorly for Obama. I think at the end of the day though, the Courts will rule that Congress decides when Congress is in session and as such if Congress says it is in recess, it is in recess, thus the appointments were illegitimate.

-Sun_Tzu-

I doubt this ruling stays in tact in full. The court's ruling was extremely broad, and doesn't just effect intrasession recess appointments but intersession appointments as well. There is even some debate over whether or not this issue is in the jurisdiction of the courts all together.

Interesting. If not in the jurisdiction of the courts, who's jurisdiction is it in, Congress's?

Avatar image for -Sun_Tzu-
-Sun_Tzu-

17384

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#68 -Sun_Tzu-
Member since 2007 • 17384 Posts

[QUOTE="-Sun_Tzu-"][QUOTE="whipassmt"]

To supplement the TCs post: Obama's appointments were ruled unconstitutional unanimously by a panel of an Appeals court (I think it was three judges).

Obama, through the Dept. of Justice will likely appeal the ruling, there are two avenues through which he may do so: 1. He can appeal directly to the Supreme Court 2. He can ask for "en banc review" where all the judges of the appeals court (instead of just the panel) would hear the case. The fact that the panel's ruling was unanimous could bode poorly for Obama. I think at the end of the day though, the Courts will rule that Congress decides when Congress is in session and as such if Congress says it is in recess, it is in recess, thus the appointments were illegitimate.

whipassmt

I doubt this ruling stays in tact in full. The court's ruling was extremely broad, and doesn't just effect intrasession recess appointments but intersession appointments as well. There is even some debate over whether or not this issue is in the jurisdiction of the courts all together.

Interesting. If not in the jurisdiction of the courts, who's jurisdiction is it in, Congress's?

Not necessarily congress alone but it is probably something that congress and the white house should work out among themselves without the courts interfering. There's a case to be made that this is a political issue moreso than a strictly legal one.
Avatar image for whipassmt
whipassmt

15375

Forum Posts

0

Wiki Points

0

Followers

Reviews: 24

User Lists: 0

#70 whipassmt
Member since 2007 • 15375 Posts

[QUOTE="whipassmt"]

[QUOTE="-Sun_Tzu-"] I doubt this ruling stays in tact in full. The court's ruling was extremely broad, and doesn't just effect intrasession recess appointments but intersession appointments as well. There is even some debate over whether or not this issue is in the jurisdiction of the courts all together. -Sun_Tzu-

Interesting. If not in the jurisdiction of the courts, who's jurisdiction is it in, Congress's?

Not necessarily congress alone but it is probably something that congress and the white house should work out among themselves without the courts interfering. There's a case to be made that this is a political issue moreso than a strictly legal one.

Yeah, it would be best for them to resolve it among themselves. Perhaps there could be a law regulating senate confirmations of officials and recess appointments, for example instituting the following requirements: 1. The president may not appoint someone by recess appointment until 60 days after he has formally nominated the person to the Senate 2. Committee hearings in regard to a presidential nomination must begin within 30 days of the person being appointed.