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January 13, 2014
Supreme Court Hears Arguments on Obama's Claimed Power to Make Temporary Appointments Even When the Senate is Not RecessedWhile the Constitution permits the President to make temporary appointments to executive positions when the Senate is in recess, Obama, get this, violated the Constitution by claiming the Senate was in recess when the Senate itself said it wasn't in recess. His appointees -- illegal ones -- made some rulings on the National Labor Relations Board which should be nullities, as men with no right to sit on the NLRB did in fact sit there. Obama claims, get this, that his Constitutional powers grow when he decides a coequal branch of government is being "intransigent" and failing to give him everything he wants. The argument did not seem to persuade most of the Court. Even the liberal members seemed wary of the claim: The court battle between the Obama administration and Senate Republicans is an outgrowth of the increasing partisanship and political stalemate that have been hallmarks of Washington over the past 20 years, and especially since Obama took office in 2009. Perhaps the most unfortunate moment for presidential authority was a comment by Justice Stephen G. Breyer that modern Senate-White House battles over nominations were a political problem, not a constitutional problem. Senators of both parties have used the Constitution’s recess appointment provisions to their own advantage in their “political fights,” Breyer said, but noted that he could not find anything in the history of the clause that would “allow the president to overcome Senate resistance” to nominees. ... Only Ruth Bader Ginsburg seemed to support the Administration's power grab. Via @charlescwcooke. | Recent Comments
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The Professor: "[i]Shitable for a three hour tour? Posted by: Ero ..." RedMindBlueState[/i][/b][/s][/u]: "Time to mix a cocktail. I'll see the usual suspec ..." RedMindBlueState[/i][/b][/s][/u]: "Hmmm. I'll have to try that next time. ..." Joe Kidd: "Gotta prep the ribeyes for tonight. Cicero, congr ..." Ben Had: "RMBS, merlot with blackberry. ..." RedMindBlueState[/i][/b][/s][/u]: "Yes, it does. Zin, I believe. ..." Braenyard - some Absent Friends are more equal than others _ : "FLOODING: Watch this 30-second timelapse of the Ll ..." Ben Had: "RMBS, does that recipe include some wine in it? ..." RedMindBlueState[/i][/b][/s][/u]: "You had me at wild rice. ..." RedMindBlueState[/i][/b][/s][/u]: "RMBS, give blackberry/sage a try sometime. Posted ..." Ben Had: "RMBS, I recommend wild rice with baby Bella mu ..." Recent Entries
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