Second appeals court finds Obama recess appointment is unconstitutional

[CuteOldGuy]

Interesting, CBJ7. Who made the table, you? It really doesn't say anything.

But I will admit, if other Presidents made recess appointments while Congress was in session, those are illegal, too. But just because they got away with it doesn't mean we need to let it continue ad infinitum, just to be "fair". If it's illegal, it's illegal for all.

[CJ7]

Originally Posted by CuteOldGuy

Interesting, CBJ7. Who made the table, you? It really doesn't say anything.

But I will admit, if other Presidents made recess appointments while Congress was in session, those are illegal, too. But just because they got away with it doesn't mean we need to let it continue ad infinitum, just to be "fair". If it's illegal, it's illegal for all.

what a dumbass .... read the mother jones article or have someone read it to you

[JD Barleycorn]

I believe these judges were in Philidelphia. I don't think you find many conservative judges there. Bush is gone, get over it. Whatever he did is done whether you liked it or not. Obama is here now and he has screwed the pooch again. These appointments are going to have to be vacated the damage corrected.

Something else to remember; the Senate confirms these appointments and Obama has had nothing but a democratic Senate. Why did he have to do this with all his friends behind him?

[CJ7]

Originally Posted by JD Barleycorn

I believe these judges were in Philidelphia. I don't think you find many conservative judges there. Bush is gone, get over it. Whatever he did is done whether you liked it or not. Obama is here now and he has screwed the pooch again. These appointments are going to have to be vacated the damage corrected.

Something else to remember; the Senate confirms these appointments and Obama has had nothing but a democratic Senate. Why did he have to do this with all his friends behind him?

what a dumbass .... read the mother jones article or have someone read it to you

[JD Barleycorn]

Mother Jones? Aren't you confused, we were talking about toliet paper on another thread. You would get more hard news out of an issue of Marvel comics.

[CJ7]

Originally Posted by JD Barleycorn

Mother Jones? Aren't you confused, we were talking about toliet paper on another thread. You would get more hard news out of an issue of Marvel comics.

the judges were republican appointed


if you know so much about them, post their names

I'll wait

[CJ7]

that's what I thought

all mouth no knowledge

nite nite

[Yssup Rider]

so lets get this straight.... Is this a scandal now?

[I B Hankering]

Originally Posted by CuteOldGuy

I don't think the court stated that recess appointments were unconstitutional. The case was focused on whether recess appointments while Congress is still in session were unconstitutional.

How many of those prior recess appointments in previous administrations were made while Congress was in session?

+1

[JD Barleycorn]

Recess appointments are not illegal or unconstitutional if they are made when the Senate is in recess. These appointments were made when the Senate was gone for the weekend or a short vacation. It is in the judges opinion, you should read it. So lets get that right. All of those recess appointments that the apologists are pointing at may very well be legal, consitutional, and the right thing to do at the time. We are talking about a couple of appointments that were not done in accordance with the consitution or the understanding of the law. Now if you can go back and verify your chart...


DC Circuit Court of Appeals:
David Sentelli appointed by Ronald Reagan
Karen Henderson appointed by George H.W. Bush
Thomas Griffight appointed by George W. Bush

3rd Circuit Court of Appeals:
D. Brooks Smith appointed by George W. Bush
Joseph Greenaway Jr. appointed by Barack Obama
Franklin Stuart Van Antwerpen appointed by George W. Bush

Not all are Bush appointees. You lose!

[CJ7]

a few senate republicans had a daily meeting that lasted mere minutes is the reason the appointments were deemed unconstitutional

[CJ7]

Originally Posted by JD Barleycorn

Recess appointments are not illegal or unconstitutional if they are made when the Senate is in recess. These appointments were made when the Senate was gone for the weekend or a short vacation. It is in the judges opinion, you should read it. So lets get that right. All of those recess appointments that the apologists are pointing at may very well be legal, consitutional, and the right thing to do at the time. We are talking about a couple of appointments that were not done in accordance with the consitution or the understanding of the law. Now if you can go back and verify your chart...


DC Circuit Court of Appeals:
David Sentelli appointed by Ronald Reagan
Karen Henderson appointed by George H.W. Bush
Thomas Griffight appointed by George W. Bush

3rd Circuit Court of Appeals:
D. Brooks Smith appointed by George W. Bush
Joseph Greenaway Jr. appointed by Barack Obama
Franklin Stuart Van Antwerpen appointed by George W. Bush

Not all are Bush appointees. You lose!

reread teach .. never said BUSH appointees .. I said republican

you said

I believe these judges were in Philidelphia. I don't think you find many conservative judges there. Bush is gone, get over it

see moron? youre a moron

[Guest032516]

Originally Posted by CJ7

a few senate republicans had a daily meeting that lasted mere minutes is the reason the appointments were deemed unconstitutional

That's not what the article says:
--------------------------------------------------------------------------------
"In its 2-1 decision ruling, the appeals court said that under the Constitution recess appointments can be made only between sessions of the Senate, not any time the Senate is away on a break."

"The latest ruling says Obama had no constitutional authority to install attorney Craig Becker to the labor board in 2010 while the Senate was adjourned for two weeks."
--------------------------------------------------------------------------------

So, a President cannot take advantage of an adjournment DURING a session to make an appointment.

[CJ7]

Originally Posted by ExNYer

That's not what the article says:
--------------------------------------------------------------------------------
"In its 2-1 decision ruling, the appeals court said that under the Constitution recess appointments can be made only between sessions of the Senate, not any time the Senate is away on a break."

"The latest ruling says Obama had no constitutional authority to install attorney Craig Becker to the labor board in 2010 while the Senate was adjourned for two weeks."
--------------------------------------------------------------------------------

So, a President cannot take advantage of an adjournment DURING a session to make an appointment.

from the WSJ



The court case turned on whether the Senate was in recess when Mr. Obama made the appointments during a holiday break early last year. The Constitution allows a president to unilaterally install nominees to positions that normally require Senate confirmation when the Senate is in recess.
But Republican lawmakers held minutes-long meetings every few days, and lawyers for the plaintiffs argued that meant the chamber was technically in session.
While the plaintiff's case centered on those sessions, the court went a step further, declaring that Mr. Obama's appointments fell outside the bounds of his authority.

[IIFFOFRDB]

Originally Posted by CJ7

from the WSJ



The court case turned on whether the Senate was in recess when Mr. Obama made the appointments during a holiday break early last year. The Constitution allows a president to unilaterally install nominees to positions that normally require Senate confirmation when the Senate is in recess.
But Republican lawmakers held minutes-long meetings every few days, and lawyers for the plaintiffs argued that meant the chamber was technically in session.
While the plaintiff's case centered on those sessions, the court went a step further, declaring that Mr. Obama's appointments fell outside the bounds of his authority.

Mr. Obama...LOL