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January 4th, 2012
05:57 PM ET
Republicans furious over recess apppointments From CNN’s Ted Barrett and Kate Bolduan: Congressional Republicans were furious Wednesday after President Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau, arguing the move was unconstitutional because the Senate has met every three or four days over the holiday period and therefore was not on a recess. “This is an extraordinary and entirely unprecedented power grab by President Obama,” complained House Speaker John Boehner, R-Ohio, in a statement, saying it “would have a devastating effect on the checks and balances that are enshrined in our constitution.” “This recess appointment represents a sharp departure from a long-standing precedent that has limited the President to recess appointments only when the Senate is in a recess of 10 days or longer,” said Senate Minority Leader Mitch McConnell, R-Kentucky. The intense GOP reaction to Cordray came before Obama also recess-appointed three members to the National Labor Relations Board, an agency under fire from Republicans who believe it is tilted in favor of labor unions. “In both of these cases he is using that power judiciously to counter Republican attempts to cripple two agencies that look out for the middle class,” said a top Senate Democratic leadership aide. “The CFPB can’t function effectively without a head and the NLRB can’t function effectively without these slots being filled.” One of Obama’s picks for the NLRB is a Republican, the Democratic aide noted. At issue, is a disagreement over the meaning by the term “recess?” The constitution states the president can make recess appointments but fails to dictate how long a recess is. Legal experts have debated the point for years. Either way, the White House called the pro forma sessions “gimmicks.” Republicans accused Senate Majority Leader Harry Reid, D-Nevada, of hypocrisy because he had successfully utilized pro forma sessions to block recess appointments by President George W. Bush. In his statement Wednesday, Reid did not specifically address his shift in thinking. However, the Democratic aide explained that Senate Democrats supported the moves because they believe a presidential challenge was inevitable—either by Obama or a future president. They also felt the appointment of Cordray to the consumer-friendly board was worth tossing out a precedent they’ve used before and might have otherwise tried to use again. “Someone was going to challenge this at some point anyway,” the Democratic aide said. A top Republican aide predicted a small business or business association would file suit to block Cordray from carrying out his duties. That could make it harder for Corday to set up the nascent agency and its work would be “tainted,” the aide argued. Democrats said a legal challenge to the appointment would paint Republicans as supporters of a “frivolous lawsuit to protect Wall Street.” |
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Way to go Mr. President. These yahoos had no problem allowing President Bush to do the same, but they hold this President to a different standard. Talk about a bunch of hypocritical cry babies! I'm finding this bunch more dispicable everyday!
Did you really read this article. Although the headline says Reputlicans are furious over the recess appointments, the fact is – the Senate is not in recess – and that fact is stated further in the article. The Senate – controlled by the Democrats, along with the approval of the House, is in pro forma session. Now, even though Harry Reid used pro forma sessions to block some of Bush's appointees, he is now in favor of this President going against the Constitution and appointing someone when the Senate is NOT in recess.
It also states that the constitution doesn't give the definition of a "recess." Did you read the full article?
Obviously, the administration thinks that what the senate is doing is not legal. Let the GOP take it to court so everyone can see they are just trying to keep an oversight department on banking and finances to protect the comsumer that was legally constituted by the congress from being functional. The GOP will lose on this one in public opinion and probably in the courts. They ought to shut up and move on.
According to Senator .Obama " recess appointments are abominable", but now its ok, your as big a hypocrite as he is. The senate was not in recess, the democrats have the majority and they are they one who bang the gavel. But then you always need an excuse for blaming the other side.
The law that establishes the position Corday would fill specifically states that the head of the agency has no authority until confirmed by the Senate. Anything Corday would do would not have the force of law behind it.
But this will all be thrown out as unconstitutional. Obama's fine with that: This is not about consumers. It's about his reelection. It's no more than a campaign issue for him.
The type of appointment that was made has historical precedent and was made under the same position that was held by the Bush administration. Both Roosevelts made similar appointments. There is also the argument, a valid one by many legal experts, that the so-called "pro-forma" sessions are in fact unconstitutional because they exist solely for the purpose of undermining a President's constitutional authority. So there is both historical and legal precedent for this type of appointment, and serious questions as to the legality of the procedure being used to prevent it. I think it will survive any legal challenge.
That is patently false statement. The Senate is NOT in recess.
If {When) this president pushes this country into a civil war remember to take note of who his supporters were so that they can be held to account.
The CEOs of the corporations that you are so willing to die for in a "Civil War" will be far away from the front lines...but they love your undying support.
Tell your nonsense to corrupted and spoiled republicans!!!!!!!!!!
your post implies that you are about to start a civil w ar.
@josh beggs.... I assume you are one of those southern racist segregationist who is a member of the GOP teapotty. How unfortunate that you have already forgotten who corporations supported during the civil war.
If {When) this president pushes this country into a civil w a r remember to take note of who his supporters were so that they can be held to account.
What kind of idiot actually believes this country will ever go into another civil war? What would be the point of a civil war?
If you think opposing left wing politics is worth war (and Obama has been mostly middle of the road), then you have a problem and I hope it gets sorted out by losing that war.
I'd rather see this country divided up piecemeal than see another conservative Republican president in my lifetime.
Remember to take note of who Obama's supporters were so that when the time comes they can be held to account as well.
Joshy I'm A Big Moron.....Really! I'm sooo worried....NOT!
RIGHT ON MS.FANNY!!!!!
Say Ollie, didn't ABRAHAM LINCOLN MAKE A LOT OF MOVES WHEN CONGRESS WAS OUT OF SESSION ?
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He sure did Stan – but THE TEANUT-GOP HAS NO HANDS ON BOARD LIKE LINCOLN anymore .
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IS NEWT PRESIDENT YET, Ollie ?
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No, THEIR CIRCUS HAD TO MAKE A FEW BUDGET CUTS – no BACHMANN and soon, no PERRY, no NEWt, and no HUNTSMAN .
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John McCain endorsed MItt, right Ollie ?
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Yes Stan – but HE GAVE US SARAH DARLIN'................AND VITUAL LIVING SPACE !
hey olie...just remember obama ran against President Bush...not John or Sarah.... and that won't work this time, unless he runs against himself and well...narcissistic personalities don't run against them selves.
The Republican party was behind Bush until they saw that to the American people, Bush policy was cancer in elections – at which point they distanced themselves as much as possible. If you want to say that Obama was running against Bush, you might as well say that McCain and Palin were as well – since everyone was campaigning on an "I'm not Bush" platform. Throwing all of your vitriol one way while refusing to see the same problems on your own side is hypocrisy. You can't have it both ways.
@geraldine trying to rewrite history again? The last time Bush ran it was against John Kerry.
Now for your whining total hypocrisy, at this point President Obama has made a total of 29 recess appointments which is less than 10 a year. George W. Bush made 171 recess appointments which averages over 21.4 appointments per year. Theodore Roosevelt made 160 which for 8 years averages 20 a year....and that ever mentioned Repugnant Ronald Reagan made 240 recess appointments which averages out to 30 a year...for each of his 8 year failed presidency.
If that failed heap of garbage in the house of representatives wants to sit on their hands and do nothing. Good for this president in his appointing someone to protect us from unscrupulous lenders, and for working for the American people not against them.
So all is can say is tango sierra.
Funny. Liberals all know why this is illegal.
Those that supported the N azi party were just as guilty as those that led the party. The Same could be said about Obama and his supporters. You owe no loyalty to any man or to any party. As an american citizen your only loyalty should be to the US Constitution as it is written. Your only duty is to defend the US Constitution against all enemies both foreign and DOMESTIC.
How is the President of the United States the enemy. What about the republicans who pushed and passed the Patriot Act that allows illegal search and seizure of US citizens? Where is your anti-republican rhetoric with that one?
Well Joshy for starters you should read the U.S. Constitution Article 2, Section 2, Clause 3 and I bet you will not find mention of pro-forma sessions being applicable anywhere.
http://www.outsidethebeltway.com/are-obamas-recess-appointments-unconstitutional-probably-not/
another despirate act by a despirate president... it is going to be a nasty next several months. obama is finished...even if he managed to get reelected he will not have democratic control of the legislative branches...it will be four years of a non-presient. Like I said..he is finished...the obama radical experiment is OVER.
And this is what the great uniter does? hummmm
Last time I checked you were not part of the one percent and President Obama is doing a execellent job despite the obstructionist gop. The American people need a government agency to protect the american people from companies like MF Global. Thanks for your vote.
How many agencies do we need to protect us.
I keep hearing about the "the obstructionist GOP". Please tell me how they obstruct, because the way I see it, even now the Republicans in the House cave on almost every issue. For the first two years Obama pretty much got what he wanted, since the Dems controlled both the House and the Senate. Now the Republicans control the House, but the Democrats still have the Senate AND have a Democratic President. If Obama is not getting everything he wants, I surely think the Democrats must have something to do with that. You guys still have most of the power.
Well Lizzie as many as possible, considering the number of people being screwed by corporate America.
Got news for you Jerry, the House Republicans approval ratings are much worse than the Democrats. There will be quite a lot of people who will loose their seats this year, and the Republicans are the ones who are most vulnerable.
The days where the Republicans refused to lift a finger to help the middle-class will over.
hahahahahahah LOL
Current polling would indicate otherwise...
I guess tey have not learned yet to speak out of both sides of their mouth, or lie with a straight face.
Which polls are you looking at DeadbeatDad? Pea Tardy rethuglicans are going to be slaughtered this year.
so says the democrat traitor to his own nation
First of all, the lack of consumer protections out there do call for desperate measures. Secondly, Obama has made less than half the number of average recess appointments per year that the previous 4 presidents each did. And by the way, Obama and Clinton hold the number one and two slots, respectively, for *least* number of recess appointments made. If this is one of the reasons you hate Obama, you must have truly despised the last 3 Republican presidents.
Thirdly, your comment about "this is what the great uniter does" is ridiculous. Obama has spent much of his time in office trying to include the Republicans. They have obstructed him at every turn. In fact, the GOP policy from the get-go has been to oppose Obama at every turn and make him a one-term president. You cannot fight someone every step of the way and accuse them of being divisive and not including you. That's hypocrisy.
But how many has Bush made with congress in session?
Learn to spell. You sound like, and are, a moron.
bush did it 171 times, I guess recess appointments are OK. Unless you are a Republican hypocrite.
These were NOT recess appointments. THAT is the difference.
Why were they not considered recess appointments? When does the congress go into recess? What reason would the congress have for not going into recess? I'm just asking...unless they are trying to prevent or obstruct something from happening.
Unfortunately you are so wrong.
http://chemical-facility-security-news.blogspot.com/2012/01/second-session-of-112th-congress.html
They convened on Januray 3rd and then adjourned 1 minute later Sine Die (which means without a future date set for a meeting)
They technically were not in session on the 4th, and probably won't meet again until January 17th. Which means the 3 day recess would be covered.
Excuse the wrong typing of January.
You just don't like this president for some reason, could it be Race most likely it is.
It must be that the President falls into that catagory, when he was Senator Obama he called them abominable, but now when he wants them, wIth CONGRESS IN SESSION! its alright.
I guess this is what No to everything gets yah! About time somebody Did something!
its high time that CNN start highlighting the obstructionism and terrorist tactics of the GOP. Wolf, Candy and the lot fail to ask the follow on tough questions when they interview any Republican particularly those who continue to spew the canned talking points. If you have a Do Nothing Congress and Obstructionist Senate (who declared war on Obama by the pledge to do anything to ensure he is a one term Prez) then the Prez is correct in using every available resource to aid the public. Its the credit card companies who don't want safeguards that protect consumers. Credit card companies and pay day lenders are like drug dealers and they don't want the government interferingwith their business. We have a war on drugs now we have a war on corporate greed. Just say no to corporate greed and kick the Teabaggers and rethuglans out in 2012
Let the newsmedia start posting the recess appointments made by every Republican President in this past century and then let us see how loud the idiot Republikkklans of this century wail. I know that lil Bush made over 200 of them especially the arrogant, ignorant John Bolton who was booed as he entered the United Nations building by our own citizens. No one who ever worked with or for him could stand him, but he was in Cheney's pocket so lil Bush had to appoint him when no one was looking. Sad how short the memories of todays. This nitiwit bunch in Congress right now don't really dislike the guy Obama appointed, they hate the Consumer Protection Agency because they don't give a damn if you new car is a lemon, or the appliances you buy can electrocute you or the products coming into America are so poorly made they break down almost immediately. They get campaign funds from this rotten companies and they have promised they would do away with Consumer Protection for that money. Bums, dirty rooten bums being mislead by chinless McConnell and drunky Boehnner. Two of the most worthless men in Washinton.
my my my....How pathetic are the GOP/Tea Potty turd blossoms today? These corporate paid, hate mongering, along with their bumper sticker, word salad slinging trolls have the appeal of a "fart in a scuba tank"......couldn't happen to a better "party before country" crowd of loons.
Just imagine how many times they've called the president a "socialist, traitor, marxist, illegal alien" over the past 3.5 years. It finally comes of as Elementary Name calling with these idiots. I no longer feel anger towards but pity and remorse...NOT ....! OBAMA/BIDEN 2012
Apparently youre not any better with the namecalling.
...where I come from Lizzie the adults would always say very calmly...; " ....throw a rock at a pack of dogs; the one that screams is the one that got hit " So I hope this metaphor didn't offend you, as I certainly wouldn't have been talking about you (?) right? Only responding the hate, fear mongering, tasteless, vapid, disrespectful, idiotic remarks directed at My President over the past 3 years. Of course, I voted for the President...You must have voted for those other two people...I forgot the names. Hardly memorable people or even worth mentioning these days. OK...I hope I didn't offend you again – LOL
I LOLED!
Teabaggers, Rethuglicans, Republikklans, Tea Potty, etc. – using insults might be cathartic, but it does nothing to further your point. Policies and actions speak for themselves – argue against their positions, obstructionism, and hypocrisy, but don't stoop to name-calling.
We the people believe that Congress is currently in recess. If they are in session, as Republicans state, then what does the Congressional record say about what business was accomplished during this time? The President CONSTITUTIONALLY made an appointment during a time when WE THE PEOPLE believed Congress to be in recess.
Republiciann been in recess every sence the day the President was sworned in.
BOOHOO! Call the WHAAmbulance. We the people are fed-up w/TEA created crisis stall tactics. To quote Ronald Reagan, "Lead, follow, or get the H out of the way".
So many people are fed up with the dysfunction in Washington, and rightly so. It's gimmicks like the "pro-forma" Senate session that any American with half a brain understands is just a tactic to keep Washington from getting anything done. There's no way we can move forward if we, the American people, support these childish strategies that obstruct business from being accomplished. The Founding Fathers never envisioned routinely needing 60 votes in the Senate to pass legislation, but that's standard operating procedure now. We can't whine about a do-nothing Congress in one breath and then turn around and cry when the President does what he needs and is authorized by the Constitution to do in order to circumvent the dysfunction of the legislative branch.
For crying out loud, these Republicans are never satisfied. They block the President's every move, then whine when he goes around them. Maybe if they did their jobs, he would not have to resort to these measures. How many appointees are hanging in the wind because they threaten to filibuster the nominee and then turn around and complain how government does not work. This is beyond ridiculous. They are in recess, no business is being accomplished. They do not even accomplish any business when they are in session.
OBAMA/BIDEN 2012!!!!!!!!
Gibson you are so right the last three 3 1/2 they was in recess
If Boner and McCornhol would accept the fact that their party is not in power and begin to play their respective rolls like good little boy's maybe the country would begin to work like a democracy but as long as they want to play the spoiler and do what they can to undermind the elected President they invite this kind of response.You'll get your chance again in the next election cycle,you'll loose but you will get your chance.
That was funny!......You know, for the 1st time since 2008, I smell desparation on these GOP/Tea Potty folks. They've called the President names, and did their level best to destroy the country around him, its become obvious to all but the intellectually challenged (imbecciles) i.e fake news trolls, the clock as run out on this era's band of clowns, and its time for folks to get serious about bringing this nation back from the destruction of the RE-dumblican ideas.
Congress was NOT in RECESS! This sets a very dangerous precedent that will destroy our already shredded Constitution. If this practice stands it opens the door for anarchy. If a Republican president did this (which they didn't) it would be front page news.
....oh now, Whatever are we gonna do now???? We can't have somebody in charge of watching out for the crooks that destroyed $4 trillion dollars in our savings and retirements. No....so glad we have smart people like you around to tell us how this shouldn't happen. We almost became a nation that looks out for its people, instead of idiots trying to kiss the behind of greedy piss-ants stealing from our children's future/education and well-being.
Yeah right....Please go take your meds. The Fake News spew has caused a complete bottleneck of any blood flowing about your neck; ....rendering you brain dead
finally a bold move to stop the political obstructionism.
Or this could be the motivation required for Republicans to pour the required resources into the congressional elections. Let Obama keep the presidency. Turn him into a "lame duck" by taking both houses of congress.
No president has ever done this. The Senate was not in recess. Obama is trashing our constitution and it will continue if the American people don't stand up immediately.
You are an idiot.
It takes one to know one
So Lizzie I assume you know you are one.
And you are trashing our President, get over it he made a decision period.
He is not king. He must follow that law, no?
Why are posts censored here? I guess I'll look elsewhere for a new source. This is biased liberal rag anyways.
Well, WE THE PEOPLE need to be sure we get both sides of a story. Like it or not, according to the Constitution, it is not legal to make an appointment when the Senate is in a pro forma session.
This was not surprising and the House will combat this move by attacking the funding for the two agencies (balance of power). The comments regarding the disapproval of congress, as a whole, and Republicans, as a whole, are correct. They are despised. But, these same congresspersons and Republicans are appreciated by their individual electorates; especially those aligned with the tea party values. I do see Obama winning reelection but I am seeing a great opportunity in expanding Republican control of the House and a shift to Republican majority in the Senate. You think they are obstructionists to Obama's policies now... Wait until 2013.
LMAO..........good the repuks in Congress really don't think their tactics will be taking by my President (Obama) forever do they? Anyway what goes around repuks in Congress comes around so deal with it!
Looking for a coherent thought... I guess the point is that the Republicans need to simply "deal with it". Easy enough. Given that the president has failed to produce a passable budget in his three years in office, the Republicans will simply strangle these two agencies of the necessary funds.
If you are a "ConcernedDad", don't you think you better take a "Poli-Sci" course before you mis-inform the kids?
The President doesn't draft the budget...Duh....That would be congress. The President can only sign or veto. Now please don't take this wrong but; its better for people like to be very quiet..especially if you are simply parroting FAKE NEWs ....yeah right, ...another failure of our educational system. geesh....I see why we elected a useless, tea party crazed, deminted House of Reps in 2010. Please Please...intelligent people. Get out and Vote this year.
If the Republicans are not against the appointee, but are only against the law that was legally passed, then why don't they follow the rules to change the law, instead of refusing to even give the appointee an up-or-down vote? It seems to me that the Republicans are the ones acting unconstitutionally, by trying to "change the law" that enables the agency creation, through obstruction of a vote on a normal appointment.
CONGRESS WAS NOT IN RECESS!!!! THIS IS A CLEAR VIOLATION OF THE US CONSTITUTION! This president should be brought up on articles of impeachment. He is not King and he never will be. He is at best the American version of Benito Mussolini will hopefully, along with his supporters, come to the same end.
First, Conservatives laugh at Obama for not leading, or leading from behind. Well, how's that for leading from the front, dickheads. Touche! It's about time the president kicked some GOP butt instead of trying to negotiate with people with rocks in their heads. All I can say is, eat sh–.
At this time in George Bush presidency he had 61 recess appointments. President Obama at this time only 32.....GOP has blocked everything possible.....Obama in 2012......
This conservative has to agree with you
WELL SAID OBAMA 2012
Len the current count is 29 for President Obama at the end of 3 years; and Bush was at 61 at this point but he continued on the make a total of 171 which averaged 21.4 per year. President Obama has averaged about 10 per year.
U.S. Constitution (Article 2, Section 2, Clause 3) gives the president the right to make recess appointments.
I wish the Republican would look in the mirror and review mirror before they speak, they both have the Republican and Democract president's done it.
Mr. (Bone head) Boehner's you and your tea party friends are the reason that this conservative wouldn't even think about voting for any republican on the national level. You have shown that you don't know how to govern!
I applaud your honesty and appreciate your good sense....which is in short supply in the GOP / Tea Potty. Abraham Lincoln's party now plays to the lowest common denominator...a race to the bottom....The sad thing is, that the entire country is now suffering out sheer hatred and fear as propulgated by the ignorance that is the Republican party
Frankly, Abraham Lincoln would not be a member of today's southern segregationist controlled Teapotty Party called the GOP...greedy old pukes.
Chicago politician, Chicago politics. POTUS is a disgrace.
"Comments are not pre-screened before they post". Well then, why is this benign post awaiting moderation:
"Chicago politician, Chicago politics. POTUS is a disgrace."
If President Obama is a disgrace? Why was bush not a disgrace leaving this country hanging by a tread & messing up d world? shame, shame, shame
Ha Ha Ha who cares if they a furious.
the GOP had no problem with obamas man for this job. They wanted some checks and balances for this new (and probably not needed department), they felt this gave the president and this dept too much power. Actually the creation of another layer of govt policing is just a political ploy to make the average stupid democratic voter think obama just did something for him. Obama knows his only chance for election this fall is if he can convince the uneducated couch potato he his actually doing something for him i.e....protecting him from big old horrible banking and brokerage... this guy (obama) has no shame.
The republicans are crying again over spoilt milk and a rerun of George Bush JR days.
DOES ANYONE REMEMBER Michael Bolton....He resigned in December 2006 when his recess appointment would have ended because he was unable to gain confirmation from the Senate. Hmm this person was appointed during recess by George JR a Republican party...
So now they state they were in session even though no one was in town to meet...
So I guess this is the same as the fire house was empty of fireman and saying the house burned down but coverage was their.....
WAKE UP AND IF ONE STARTS PLAYING A GAME THE RULES DON"T CHANGE IF A PARTY CHANGES VENUE...
THIE PERSON TO OVERSEE THE NEW FINANCE SEEMS TO BE GOOD... I GUESS THE REPUBLICANS ARE AFRAID THEY CAN BUY, BRIBE HIM AND HE IS NOT A GOOD FIT........ THE MAN WON FIVE TIMES ON JEOPARDY FOR FUN AND PROBABLY SMARTER THAN MOST OF THE GOOD OLE CONGRESSIONAL PEOPLE ON THE TAKE....
The republicans are cr y ing:
DOES ANYONE REMEMBER Michael Bolton....He resigned in December 2006 when his recess appointment would have ended because he was unable to gain confirmation from the Senate. Hmm this person was appointed during recess by George JR a Republican party...
So now they state they were in session even though no one was in town to meet...
So I guess this is the same as the fire house was empty of fireman and saying the house burned down but coverage was their.....
WAKE UP AND IF ONE STARTS PLAYING A GAME THE RULES DON"T CHANGE IF A PARTY CHANGES VENUE...
THIE PERSON TO OVERSEE THE NEW FINANCE SEEMS TO BE GOOD... I GUESS THE REPUBLICANS ARE AFRAID THEY CAN BUY, BRIBE HIM AND HE IS NOT A GOOD FIT........ THE MAN WON FIVE TIMES ON JEOPARDY FOR FUN AND PROBABLY SMARTER THAN MOST OF THE GOOD OLE CONGRESSIONAL PEOPLE ON THE TAKE....
Obama is a hypocrite, as are all of the incredibly rich Dems in government, claiming to be for the little guy, twisting the law to fit their needs and crying foul when someone else does the same thing. Seems like a guy that wants to cry foul would attempt to be the bigger man, but this guy is just another dirtbag with a presidential retirement. If you want people to buy in to your Obamacare plan why don't you refuse the government plan to show us how good you think it will be! I'm sure you realize it will suck to be on the receiving end of the Government managing your healthcare, so you won't do that. I am sooooooo happy that this will be the last year of the reign of this useless president.
Good! If the Republicans are freaking out then Obama is doing the right thing. Get real people – after blocking every appointment since last May with their "pro forma" sham congress it high time Obama does a "hail Mary" pass or two get on with his chores.
That is absolutely correct. You can gauge how good a job he is doing by the whining on the right. Jobs up, unemployment down, stock market up, stimulus worked....you would think they would rejoice over that good news. I guess not, since the do nothing House did nothing to help create those numbers.
Recess appoiuntments:
Clinton 139
Bush 171
Obama 28
Nothing illegal here. A constitutional law professor (Obama) would know if it was. Only people who "think" they know the constitution thinks its illegal.
President Obama has made a fraction of these types of appointments compared to the GOP presidents and obviously, the administration thinks that the move by the senate to try to seem like they are not in full recess is an illegal move. The senate is not and has not been conducting business in the way they are subscribed by law to conduct business.
This is from the White House blog and I think it sums up the situation exactly.
"Here are the facts: The Constitution gives the President the authority to make temporary recess appointments to fill vacant positions when the Senate is in recess, a power all recent Presidents have exercised. The Senate has effectively been in recess for weeks, and is expected to remain in recess for weeks. In an overt attempt to prevent the President from exercising his authority during this period, Republican Senators insisted on using a gimmick called “pro forma” sessions, which are sessions during which no Senate business is conducted and instead one or two Senators simply gavel in and out of session in a matter of seconds. But gimmicks do not override the President’s constitutional authority to make appointments to keep the government running. Legal experts agree. In fact, the lawyers who advised President Bush on recess appointments wrote that the Senate cannot use sham “pro forma” sessions to prevent the President from exercising a constitutional power."