How congressional Republicans subvert the Constitution

U.S. Rep. Diane Black, a Republican from Tennessee, has announced she will sponsor a House resolution condemning President Obama for using “recess appointments” to fill vacant slots at the National Labor Relations Board and at the Consumer Financial Protection Bureau.

Here’s how she put it in her press release Tuesday:

“It’s astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess,” said Black.  “These appointments are an affront to the Constitution.  No matter how you look at this, it doesn’t pass the smell test.  I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama.”

Let’s look at that last sentence once again, shall we?

“I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama.”

Return to Washington from where? From the recess that they’re not having?

And why can’t the House consider that resolution say, today, three days after Black sent out that release? Because they’re still not in session to do the nation’s business, and haven’t been since before Christmas?

Later in her press release, the congresswoman registers the following complaint:

“… the NLRB appointments were jammed through by the president before the Senate even had the chance to consider the appointees.  Their names were only put forward on December 15th, a mere two days before the Senate recessed for the holiday.”

Again, “a mere two days before the Senate recessed for the holiday”? You don’t say,

Black’s statement further complains about “an affront to the Constitution.” Let’s look at that a little more closely as well:

The Senate was given the power to advise and consent on appointments as a means of ensuring that the president appoints qualified people. That authority was never intended to be twisted into a tool for forcing federal agencies to stop doing business, which Senate Republicans admit is their goal. By refusing to fill those vacancies — by refusing to even allow a vote on filling those vacancies — they are trying to shut down agencies they don’t like.

Nothing in the Constitution gives them that authority. Nothing.

(Without new board appointees, the NLRB would not have a quorum and thus could not operate or make decisions. Without a director, the CFPB could not carry out many of its legal duties as well.)

As insurance against such abuse by Congress, the drafters of the Constitution gave the executive branch the power to appoint officials for limited terms whenever Congress went into recess and was not available to do its job. By any legitimate definition, Congress has been in recess since before Christmas and remains in recess today, as Black inadvertently acknowledges in her statement.

By pretending that it is never in recess, Congress is trying to permanently strip the executive branch of its recess-appointment powers. Never again can a president make such appointments, because never again will Congress admit it is in recess. Like the use of  advise and consent to shut down agencies, it is an attempted de facto rewriting of the Constitution itself.

(And yes, Democrats used that same technique to block recess appointments under President Bush. The only thing you can say in their favor is that at least they were attempting to block nominees they did not like — a legitimate use of their constitutional authority — rather than trying to shut down entire agencies.)

It is certainly fair to argue that with his response, President Obama is himself stretching if not exceeding his constitutional authority. Under the circumstances, however, his only alternative would be to do nothing and allow the legislative branch to illegally poach on executive functions and permanently if unofficially alter the Constitution.

It is not a good situation.

– Jay Bookman

553 comments Add your comment

Jm

January 13th, 2012
1:43 pm

Congress now goes into recess every weekend by the Obama definition

No more need for consent

Democrats will regret this

Adam

January 13th, 2012
1:44 pm

bman: If you come by later, I just caught your comment from page 15 two posts ago. Business is still hanging in there. And yes, web design is a hassle :)

0311/1811

January 13th, 2012
1:44 pm

Adam:

He is half-black and half-white genetically and it doesn’t matter for being president.

It DOES matter for certain federal and state and America-Indian benefits for hundreds of thousands of people.

retiredds

January 13th, 2012
1:44 pm

In today’s AJC it states: “Her new memo (Seitz, the official Justice Dept. official who wrote the opinion in favor of Obama’s recess appointments) cites a Justice Department opinion (2004) from George W. Bush’s Republican administration in justifying Obama’s recent appointments. So, I guess it’s o.k. for Republicans to do recess appointments but not Obama. They, the Republicans, use the ruse of their weekly meetings, usually attended by one or maybe two reps, to manufacture the myth that Congress is in session (LOL). As is the general rule Republicans are “strict constructionists” in matters they agree with, otherwise they think it is o.k. to stomp on the Constitution for their own benefit. As Joe Wilson adeptly said, Republicans “you lie”.

(ir)Rational

January 13th, 2012
1:45 pm

So, didn’t figure Jay wasn’t able to figure out the difference between the House and the Senate, but I guess I was wrong. Several of us had this debate the other night, and in the end, the people claiming the House was in recess (correctly I might add) conceded that it didn’t really matter considering how the House has absolutely nothing to do with confirming political appointments. Maybe Jay should look at the Constitution and see where it says the President may only do this when the Senate is in recess, and then learn the difference between a representative and a senator? Or are you being purposefully dense?

Adam

January 13th, 2012
1:45 pm

It doesn’t matter. However, the President is ‘half black’, and his ‘black half’ is from Keyna.

Again with the statements that show off an underlying, somewhat muted, prejudice.

0311/1811

January 13th, 2012
1:45 pm

getalife:

This is not a one way deal.

When you answer these specifically I will continue with you.

Would you have supported the troops in Vietnam?
Would you have supported the War in Vietnam?

JohnnyReb

January 13th, 2012
1:45 pm

Jay, I don’t know enough additional details to continue debating the reason of the existing pro forma. You may be correct, however, the point is, the Senate IS in pro forma regardless of the reason. Obama making appointments during pro forma breaks tradition and protocol. It throws aside the history and reason why pro forma is used. It can be used by both sides. History shows presidents honoring it up until now. Obama is doing everything possible to stir up trouble just as his community organizer inner self knows to do.

Strawman

January 13th, 2012
1:46 pm

“People like to say the President is “not black” because he’s half black, or something like that. What would you say he is? And why does it matter one way or the other?”

If you promote yourself as a “unifier”, is it better to be mulatto or either white or black. If I am 30-40% Irish (but 60% Italian), would it bother you as an Italian if I went around telling everyone I was Irish? Wouldn’t it be more truthful to say “I’m Irish-Italian”? What good motivation could I have for distorting the truth?

Aaron Rasmussen

January 13th, 2012
1:48 pm

getalife… you are truly an idiot… and should get a life … bush was a horrible president… get over it … obama is by far the worst president that has stepped foot in office .. his hypocrisy knows no bounds.. vilify banks for doing unethical and reckless stuff… but give a solar company that isn’t anywhere near competitive a billion dollars because it was a good bet on energy… ummm ok … drive up energy prices in every conceivable manner possible from negating leases, delaying pipelines etc etc etc… only to further an alternative energy agenda when we have maybe 100 years of cheap natural gas… all the while say you will never tax the middle class…. ummm ok … don’t even get me started on circumventing tort law by giving away chrysler to the unions… and god forbid he actually pushed thru cap and trade… it would’ve been the largest tax increase the middle class has ever seen … not to mention the obamas, al gore, valerie jarrett, the clintons and a host of other democrats were set to make a mint off of… the democratic agenda is designed to make a welfare state …. to stay in power in perpetuity… and if you don’t believe that then you need to open your eyes… do some research instead of listening to chris matthews and the rest of the mainstream media cuddling up to the administration… it is not a hard concept .. you don’t spend money when you don’t have it … especially when you sacrifice the credit rating of our country… your chosen one is on pace to spend 6.9 trillion dollars in his term.. that is 4 years… think about that for a second… if you are broke … do you go out and buy a ferrari on credit? pretty elementary from any point of view… 50% of this country as is doesn’t pay a dime in taxes… in fact they collect money from the government … welfare fraud is in excess of 3 billion dollars a year … 45 million people are on food stamps… unemployment is 12-15% in actuality… but government statistics post it a 8.5% because it looks better… have to get reelected you know? but he inherited this all right? not his fault at all? you know what … reelect the arsehole so you can shut up and our country can further disintegrate and you have no more excuses… and he has no more excuses… he will be blaming someone else for his inability to lead and failure as a president up until the very last end… he is an elitist plain and simple

Talking Head

January 13th, 2012
1:48 pm

“It doesn’t matter. However, the President is ‘half black’, and his ‘black half’ is from Keyna.

Again with the statements that show off an underlying, somewhat muted, prejudice”

Adam,

So an objective statement can always be construed as prejudice in your eyes? Are you sensitive to President Obama’s family history? I’m sure he’s not. Why do you care?

Mick

January 13th, 2012
1:49 pm

rb
**go play with your crayons**

Here’s a fact: I don’t need to engage in pre teen insults as an adult. I suggest you get out some more and by all means – have a great weekend…

JohnnyReb

January 13th, 2012
1:49 pm

They Both Suck – I of course have heard of the rev moon. I did not know he owned that particular paper. Regardless, I thought the post there explained the pros and cons of the situation quite well without becoming partisan.

liberalefty

January 13th, 2012
1:49 pm

johnny reb

whats wrong with being a community organizer…u repubs make everything seem so sleazy…lol

Joe Hussein Mama

January 13th, 2012
1:50 pm

0311 — “He is half-black and half-white genetically”

I saw that episode of Star Trek. But we are talking about real life here, not tha teevee.

getalife

January 13th, 2012
1:50 pm

scout,

I did not pay attention to politics back then.

I was busy being a problem child chasing women, drugs and booze.

mm

January 13th, 2012
1:51 pm

Wow, the righties hate to lose.

AmVet - “A lot of so-called conservatives don’t know what the word means." ~Barry Goldwater

January 13th, 2012
1:51 pm

He does not share the same cultural or historical background as a majority of the blacks in this country, whereas say a Herman Cain does share that same history.

Given the words of that disgusting bigot, Ann Coulter: “our blacks are so much better than their blacks…”, I guess it is not that surprising to read something like this.

But it begs the question, WTF???

bill arp

January 13th, 2012
1:51 pm

let me get this straight, they WERE NOT in ‘recess’ and the President made a ‘recess appointment’, or is it, they WERE in recess? it can’t be both, can it!

which way was it?

Joe Hussein Mama

January 13th, 2012
1:52 pm

A. Rasmussen —

You might be making some great points in there, but without a few periods and paragraph breaks, my eyes glaze over looking at your wall of text.

They BOTH suck

January 13th, 2012
1:52 pm

JohnnyReb

Just messing with you on Rev Moon……….. Right wing media can always tell whomever is listening about who owns what media and what execs contribute to the Dem party, but always fails to mention Moon, the Washington Times and their ties to the Bush family

I know this was a side note to your post, but couldn’t help it when I say the link

liberalefty

January 13th, 2012
1:53 pm

OBAMA’S does not have a slave name like other black AMERICANS do….this make repubs afraid or something doesnt it

Corey

January 13th, 2012
1:53 pm

@AmVet – “A lot of so-called conservatives don’t know what the word means.” ~Barry Goldwater

January 13th, 2012
1:32 pm

Did you say Keesler AFB Airmen’s Club? You were ther for Tech School? Try this one out? I was in the Officers’ Club at Keesler dining on steak and happened to look up at the drapes, and on the drapery rod I saw a big roach and a mouse. I kid you not. I had not a drop of alcohol in my system.

(ir)Rational

January 13th, 2012
1:54 pm

bill – It’s quite simple. The President is calling them recess appointments, because that is the ONLY way it would be Constitutional for him to have made the appointments. However, the Senate was not in recess. The House, was in recess, and the woman being quoted is a representative which makes her a member of the House, not the Senate. So the appointments were made while one branch was in recess, but not the other. Guess maybe the President forgot which branch was supposed to be in recess for him to make recess appointments?

Strawman

January 13th, 2012
1:54 pm

“It’s not the Obama crowd that ‘plays the race card’, it’s ME who plays the race card when I point out that your post is classic evidence that the right wing will never forgive the Democrats for beating you to the punch of having the first black president.”

Huh? Who appointed the first (and second) black Secretary of State (hint: he is roundly hated by liberals)? Who vehemently opposed the appointment of the second black to the SCOTUS? Who were the majority racists in the south following the civil war up until the latter part of the 20th century? I guess that means…it’s not as “black and white” as you’d make it, huh?

Talking Head

January 13th, 2012
1:54 pm

“Given the words of that disgusting bigot, Ann Coulter: “our blacks are so much better than their blacks…”, I guess it is not that surprising to read something like this.

But it begs the question, WTF???”

I guess I should have known loose screws on here will take anything you say out of context and if it isn’t 100% politically correct to their liking they will go off their rockers. I could just have easily said Jesse Jackson, Al Sharpton, Morgan Freeman shares the same cultural history.

getalife

January 13th, 2012
1:54 pm

Aaron,

Nice rant.

Partisan hack much?

Have you looked at his accomplishments?

He ceded your points on taxes and smaller government so why the severe case of Obama envy?

Paul

January 13th, 2012
1:55 pm

No more rabbit holes?

There are still plenty of vortexes for the unwary -

AmVet - “A lot of so-called conservatives don’t know what the word means." ~Barry Goldwater

January 13th, 2012
1:55 pm

obama is by far the worst president that has stepped foot in office ..

Mr. Rasmussen, I have a LONG standing challenge open to the forum here.

You pick any post World War II American president you wish and I will pick George Walker Bush.

And you can list all of the positives and/or negatives for you choice and I will do the same for Bush.

And it will not even be a contest.

But if you want to be the very first to give it a go, I salute you.

md

January 13th, 2012
1:56 pm

“Again with the statements that show off an underlying, somewhat muted, prejudice.”

Prejudice on a statement of fact can also come from the interpretation…….such as what you seem to be doing.

Strawman

January 13th, 2012
1:56 pm

“So an objective statement can always be construed as prejudice in your eyes? Are you sensitive to President Obama’s family history? I’m sure he’s not. Why do you care?”

Well, you see, Adam can read people’s minds from afar…Does that help?

Keep Up the Good Fight!

January 13th, 2012
1:57 pm

He does not share the same cultural or historical background as a majority of the blacks in this country, whereas say a Herman Cain does share that same history

Well let’s see…when he is called a Chicago thug, that seems to find within the cultural and historical background right?
When he was born in this country, that fits.
When he went to law school in this country, that fits.
He was out of the country for a time…seems Mitt was too as well as McCain. So that is a bad thing?

The American people determined he fit in fine with many immigrants who have come to this country with a variety of background…..so what is the precise cultural issue?

0311/1811

January 13th, 2012
1:57 pm

getalife:

“I did not pay attention to politics back then.

I was busy being a problem child chasing women, drugs and booze.”

I hear you but I still think the general question is valid.

Could you have supported our troops without supporting a particular war you did not favor? It’s a pretty easy question.

Matti

January 13th, 2012
1:58 pm

Who’s right? I AM!!!

My Congressweasel has re-posted the GOP talking pile of the day. “Oh NOES! The Preznit is violating our Constitooooooshun! Aren’t you glad I’m here fighting this evil Marxist for you? You know, in spirit, if not in body.”

0311/1811

January 13th, 2012
1:58 pm

Paul:

Glad you are here. Since Jay won’t ……….. how about you:

1) Name an agency “shut down” during this recess debacle.
2 Did Obama earlier take the same position as Republicans now on what a “recess” was?

AmVet - “A lot of so-called conservatives don’t know what the word means." ~Barry Goldwater

January 13th, 2012
1:59 pm

Corey, not surprised.

Were you commissioned?

My only times partying with the big boys was when I was working debriefing at MacDill. A bunch of the F4 pilots got to know me and invited me to one of their big shindigs. LOTS of cards and betting. They all wanted my tiny E4 money, but I said no way.

The crazy thing was, that there was some secret word and when it was said, everyone had to drop to the floor, lie on their back and kick their legs in the air. Weirdest stuff I ever saw, but it was huge fun.

Those guys were all pretty much badasses…

getalife

January 13th, 2012
1:59 pm

scout,

Again, I had no opinion on Nam but my friends hate to talk about it that did serve.

So, I will not talk about Nam.

Got it?

Touch that thang Four

January 13th, 2012
1:59 pm

“In late 2007, Senate Democrats began using brief, “pro forma sessions” to stop President George W. Bush from making recess appointments. Republicans copied the ploy during the recent Christmas-New Year’s recess, trotting out a senator to gavel an empty chamber into session for a few seconds every three days.”

Well than why oh why would Mr. Bookman have a problem with Repubs doing the exact same thing that Democrats were doing???

Adam

January 13th, 2012
2:01 pm

So an objective statement can always be construed as prejudice in your eyes?

It’s not an objective statement to make any sort of determination about how little or how much a person is or is not black.

Adam

January 13th, 2012
2:02 pm

If you promote yourself as a “unifier”, is it better to be mulatto or either white or black.

No, the better statement is “IT DOESN’T MATTER.”

Keep Up the Good Fight!

January 13th, 2012
2:04 pm

Did Obama earlier take the same position as Republicans now on what a “recess” was?

Scout can’t do his own research today?

bill arp

January 13th, 2012
2:05 pm

so, it’s simple then. if he made the ‘recess appointments’ while the Senate was NOT in recess, well, he should be impeached

JOE Cool

January 13th, 2012
2:05 pm

Adam, I dont even know why you bother.

Kamchak

January 13th, 2012
2:05 pm

0311/1811

January 13th, 2012
1:13 pm

P.S. to Jay:

I’m thinking you and “Kammie” are one and the same after all.

Too funny and not true!

Le petit caporal McWhinypants:

I’m thinking you honored me, and insulted Jay.

Just sayin’.

Keep Up the Good Fight!

January 13th, 2012
2:05 pm

Hmmm a doom quote out of context about a point Jay’s already addressed.

Doom see Jay’s piece at top of page. The answer was provided before you even wrote your question.

Adam

January 13th, 2012
2:07 pm

JOE: People seem averse to wanting to appear racist, so I am just trying to help

0311/1811

January 13th, 2012
2:07 pm

Good Fight:

I know the answer. I just want you guys to admit it.

0311/1811

January 13th, 2012
2:08 pm

Kammie:

Sorry ………. your post proves nothing on identification.

Aaron Rasmussen

January 13th, 2012
2:09 pm

hahahah i wish it was envy .. at least that is better than disgust … accomplishments ???? obamacare ? you don’t bend a ten year uncontrollable cost curve with two years of taxes… middle class is going to love that when they come down the pipe… dodd frank??? consumer protection agency??? you think these are accomplishments? good luck with that… ceded taxes? he has done absolutely nothing but raise taxes … i run a small business… these geniuses in office thought it would be a great idea to have you 1099 every single entity that you do business with over 600 dollar… only after severe backlash did they figure out that it was bad economic policy… really?? and the comment about smaller govt is just laughable… little known fact that public works are making considerably more than their private sector counterparts… and has only grown in size since his inception into office… but you will probably come back and say ‘well he signed an order to make govt more efficient today” … there is no question obama is a great politician… but politicians by trade and worthless… he is no leader … pure hypocrisy

0311/1811

January 13th, 2012
2:09 pm

getalife:

So I will not talk to you about Lybia.

Got it?

getalife

January 13th, 2012
2:09 pm

Just cede the point and get over it cons.

You lost and will continue to lose.

When will you get use to this fact?

Kamchak

January 13th, 2012
2:10 pm

Sorry ………. your post proves nothing on identification.

And all your posts rabbit holes prove …………………………… nothing.

Strawman

January 13th, 2012
2:10 pm

“No, the better statement is “IT DOESN’T MATTER.”

But it does matter, because of our history. If slavery and racism had ended with the founding of our nation, then it truly would not matter. See, I suspect base motives for everyone saying he’s black. That is because, in my view, being mulatto in America is a grand statement in and of itself. It is a fact one should be proud of. I married a Hispanic woman and am proud of that fact. Race should not divide us. But everyone wanted to make him out to be black. Why? They don’t go around calling Derek Jeter (or many other mulatto notables) black all of the time. Why a politician then?

Paulo977

January 13th, 2012
2:11 pm

and his ‘black half’ is from Keyna.
_________________________

In a way ‘What goes around comes around’……several slaves who arrived here were from Kenya!!!!!!

AT

January 13th, 2012
2:11 pm

Harry Reid in 2008 on recess appointments (from The Hill):

” ‘I had to keep the Senate in pro-forma session to block the Bradbury appointment. That necessarily meant no recess appointments could be made,’ he said on the Senate floor in 2008, as Democrats blocked a potential recess appointment of Steven Bradbury to be the assistant attorney general for the Justice Department’s Office of Legal Counsel in the Bush administration. ”

As far as I can tell Bush never appointed nominees while in pro-forma session either. Maybe someone else can find evidence…

JOE Cool

January 13th, 2012
2:11 pm

Adam

January 13th, 2012
2:07 pm

Adam, those are the same people who are NOT willing to listen due to them stuck behind their own convictions. You cannot have a conversation with a person who has already come to the table with a closed mind.

JamVet

January 13th, 2012
2:12 pm

I’m thinking you honored me, and insulted Jay.

LOL.

As I’ve (almost) got a life and will not be around this evening to help spin the tunes, I’m starting early.

http://www.youtube.com/watch?v=6vS8GKcl9KQ

JohnnyReb

January 13th, 2012
2:14 pm

liberalefty – I suppose the merits of being a community organizer depends on the eye of the beholder. Regardless, if Obama is not running the POTUS office as if he is a community organizer, then I’m Abe Lincoln. He is stirring up as much hate, discontent, etc. as possible so that when the smoke clears compromise will have given him some if not most of his objectives.

Mick

January 13th, 2012
2:15 pm

jamvet

Yes, I’ll be out on the town this evening meself but I will join the party at some point and get caught up, life is good…

JamVet

January 13th, 2012
2:15 pm

Head, I think you misunderstood. I did not mean to equate your statement with Coulter’s.

On a scale of bigoted comments, hers is a ten.

Sorry if I offended you.

What a superb cover of a superb Neil Young song…

http://www.youtube.com/watch?v=reSa2ipIH8s

Adam

January 13th, 2012
2:16 pm

If you’re going to oppose a nominee, do it with votes, not with endless filibusters. The filibuster is there for a reason, but that reason is not “to be used for everything.” Especially not routine nominations. If you object to the nominee, put your votes on the table. T his applies to ANYONE in Congress, regardless of party.

Granny Godzilla

January 13th, 2012
2:16 pm

community organizer vs. wall street organizer?

Adam

January 13th, 2012
2:17 pm

JohnnyReb: I suppose the merits of being a community organizer depends on the eye of the beholder.

And teaching at a law university and being a state senator and being a US senator… the merits of those? All in the eye of the beholder. Or, as it happens, completely ignored.

I can only imagine what the people I work with would think if they ignored all of my experience in favor of looking only at one of my first jobs when I was a teenager or something.

Mick

January 13th, 2012
2:18 pm

reb

Excuse me, obama is stirring up the hate? From his first day there was a reservoir of hate stewing across the fruited plain, some of that just goes with the turf of being president, the other is just plain non acceptance of an african american in the white house…

Paul

January 13th, 2012
2:19 pm

Afternoon, Scout

I trust you’re feeling better.

“1) Name an agency “shut down” during this recess debacle.
2 Did Obama earlier take the same position as Republicans now on what a “recess” was?

1. What brought this up? What difference does it make if an agency was shut down? If you’re talking about the consumer agency, I hope this isn’t a nitpicking word thing. You spent a long time in government. I’m sure you can appreciate that standing up a new agency, then depriving it of its leader and telling a deputy ‘you can fill in for the next few years” does not exactly engender efficiency or peak morale, does it?

2. If Pres Obama took the same position or not doesn’t really matter to me, especially if the prior circumstances were not precisely the same. If they weren’t, then it doesn’t really matter in this context. Even if they were, I’m not one of those who hears every expressed maturing of opinion and screams ‘flip flopper!”

Mad Max

January 13th, 2012
2:20 pm

liberalefty

January 13th, 2012
1:49 pm

The problem with being a community organizer is he believes he can fix everything with another grant and he confuses deficit spending with grants. “All I need is another 1.5 trillion and the problems will be solved or I’ll just get another grant until I solve the problem.”

Now regardless of who created the problems, how long it has been going on, and what the purpose is, it needs to stop and he has shown no inclination to even entertain real government cutting. his proposals at best are promises to slow the growth of government and if he makes cuts, he shifts the savings to fund another program.It shows a man detached from reality. He is racking up debt at unprecedented rates for this country and he does not seem to grasp the fact that his daughters and their offspring for generations to come are being saddled with this debt.

So yeah, being a community organizer when we need a president is pretty sleazy.

JamVet

January 13th, 2012
2:20 pm

…life is good…

Yes it is, brother.

Todd goes funky gospel…

First came thought then came deed
I got caught now I’m freed
All I need is to love my life
I love my life

http://www.youtube.com/watch?v=Wi1rLr1nkaw

Economics lesson

January 13th, 2012
2:20 pm

An economics professor at a local college made a statement that he had never failed a single student before, but had recently failed an entire class. That class had insisted that Obama’s socialism worked and that no one would be poor and no one would be rich, a great equalizer.

The professor then said, “OK, we will have an experiment in this class on Obama’s plan”. All grades will be averaged and everyone will receive the same grade so no one will fail and no one will receive an A…. (substituting grades for dollars – something closer to home and more readily understood by all).

After the first test, the grades were averaged and everyone got a B. The students who studied hard were upset and the students who studied little were happy. As the second test rolled around, the students who studied little had studied even less and the ones who studied hard decided they wanted a free ride too so they studied little.

The second test average was a D! No one was happy. When the 3rd test rolled around, the average was an F.

As the tests proceeded, the scores never increased as bickering, blame and name-calling all resulted in hard feelings and no one would study for the benefit of anyone else.

To their great surprise, ALL FAILED and the professor told them that socialism would also ultimately fail because when the reward is great, the effort to succeed is great, but when government takes all the reward away, no one will try or want to succeed.
It could not be any simpler than that.

Corey

January 13th, 2012
2:21 pm

Yes AMVET, but I initially entered as an enlisted member – did Lackland etc. Two years after entering I discovered if an enlisted individual had at least two years of college he could apply for designated reserve status and return to college and enroll in ROTC while completing his bachelor dgree and have an obligation to return to active duty as a commissioned officer. This was when there was shortage of officers. I took advantage of the program. I didn’t have any close friends who were pilots, but after I left service my close friend whom I served with in the company grade officers association enterd flying training school and went on to become Astronaut Michael P. Anderson who lost his life in the last shuttle disaster in 2003. He left behind a sweet wife and two darling daughters. I still get teary eyed thinking about that incident. He was such a genuine down to earth person with an innocent heart. …masters in astronomy, but he wasn’t a nerd. I remember one Sunday morning I dropped by to pick him for church, and he was afraid to come out of his bedroom because a bird was trapped in the fireplace. …something about avian disease. I still chuckle recalling that episode.

JohnnyReb

January 13th, 2012
2:21 pm

Adam and Mick – yes, Obama is encouraging the growing hate. He cannot run for reelection on his record so he makes speeches that divides the country – rich vs poor, 1% vs 99%, et al.

Adam – the method of operation for a community organizer is to create such turmoil that the establishment caves or compromises. If that is not what Obama is doing, becasue he can’t get his way with Congress, then night is day.

Keep Up the Good Fight!

January 13th, 2012
2:23 pm

See, I suspect base motives for everyone saying he’s black. … But everyone wanted to make him out to be black. Why? They don’t go around calling Derek Jeter (or many other mulatto notables) black all of the time.

What? Obama has certainly kept his whole heritage a secret. Why I bet there are billions and billions who do not know his history as to being born to a white woman. It’s a conspiracy I tell ya….a conspiracy. And when you have suspicions like that, you start with the birth certificate and then keep claiming something about boxes and then move on to claim more. :roll:

Strawman

January 13th, 2012
2:23 pm

“And teaching at a law university and being a state senator and being a US senator… the merits of those? All in the eye of the beholder. Or, as it happens, completely ignored.”

The POTUS is an executive position, something at which Obama had no real experience. It is not always true that governors make the best presidents (consider Carter and Bush), but that kind of experience can often make for very effective leaders (consider Reagan and Clinton). It can hardly be argued that Obama’s resume, such as it is, was NOT thin relative to other presidents.

JOE Cool

January 13th, 2012
2:23 pm

Economics lesson

January 13th, 2012
2:20 pm

lol…thats been copied and posted on every blog possible. Do better trolling elsewhere

Mick

January 13th, 2012
2:23 pm

economics

Epic fail with a ridiculous story line – pathetically crafted, moronically reasoned and finally, no real lesson imparted…

Strawman

January 13th, 2012
2:24 pm

“What? Obama has certainly kept his whole heritage a secret. Why I bet there are billions and billions who do not know his history as to being born to a white woman.”

Did you bring your head up out of the sand, Keep? Don’t bother – it still doesn’t prevent points from going over your head.

Mick

January 13th, 2012
2:25 pm

reb

Just because you think it, doesn’t make it so…

Paul

January 13th, 2012
2:25 pm

Scout

I get back to my bottom-line question.

IF House Republican leadership is convinced Pres Obama violated his oath of office and acted in violation of the Constitution, why haven’t they drafted articles of impeachment or, at the very least, scheduled hearings by the appropriate House committee?

I can only conclude it’s because they know better.

Kamchak

January 13th, 2012
2:25 pm

Economics lesson?

As in phlogiston economics?

Never mind, that particular email chain-letter has been posted here at least once a month for the past year.

Did it appear in your in-box today?

Paul

January 13th, 2012
2:27 pm

Economics Lesson 2:20

It’s an informal rule, but generally only one repeated chain e-mail per blog topic is allowed.

BTW, that econ professor failed his “Language and Logic” class as an undergraduate -

0311/1811

January 13th, 2012
2:27 pm

Paul:

1) Because Jay said above in his editorial that the Republicans were trying to “shut down agencies they don’t like.”

2) It should matter to you. But in any case the SCOTUS will decide hopefully and that will settle it.

As usual (and unlike many on here) thanks for your cordial, thoughtful response.

0311/1811

January 13th, 2012
2:28 pm

Paul:

I think it’s because they believe a judicial route is the best course of action for the country at this time.

Thulsa Doom

January 13th, 2012
2:29 pm

Keep up,

Nope. Jay really didn’t answer the question. I consider his answer to be non-responsive. You see below he is saying its ok to block nominees that you don’t like but that its not ok to shut down entire agencies. Its a pretty weak argument and a terrible job of trying to justify why Dems did it.

And are those agencies completely shut down as Jay asserts? Or are they still functioning on a day to day basis? If they are still functioning then Jay just told one helluva whopper when he said these entire agencies were “shut down”.

“The only thing you can say in their favor is that at least they were attempting to block nominees they did not like — a legitimate use of their constitutional authority — rather than trying to shut down entire agencies.)”

Corey

January 13th, 2012
2:29 pm

Pardon the typos, yall.

JohnnyReb

January 13th, 2012
2:30 pm

Mick – you may be correct. We will see no later than November.

getalife

January 13th, 2012
2:31 pm

Take it easy on scout Paul?

At least he focused on the topic and opined.

Change..

Paul

January 13th, 2012
2:33 pm

Scout

I probably would have said ‘hindered effectiveness’ or ‘attempting to cripple” but it’s no big deal.

Let me clarify: it doesn’t really matter to me because I don’t think the Republican leadership really believes what they’re saying, else they wouldn’t violate THEIR oath of office by permitting a perceived violation of the Constitution go unchallenged.

BTW – I’m fine with the judicial route. It’s likely a better choice, but I still chuckle over picturing Gingrich if he doesn’t get the ruling he wants.

Thulsa Doom

January 13th, 2012
2:33 pm

Economics lesson sure incited some folks. Its just a chain email and probably not even true. But it does convey simple, elementary lessons about human nature that sure seem to make liberals mad for some inexplicable reason.

0311/1811

January 13th, 2012
2:33 pm

Paul:

Again, notice Jay’s choice of words:

Republicans “subvert” the Constitution
Obama is himself “stretching” if not “exceeding” his constitutional authority

JamVet

January 13th, 2012
2:33 pm

Corey, I salute you. Seriously. That is quite an accomplishment. You should be proud.

And what a tragedy about losing your friend. He must have been an extraordinary person.

To me, those guys that go up are heroes. Real heroes, not the made for TV kind.

I don’t like to share this very much, but I actually turned down a chance to go to Colorado Springs. It was the third day of basic training and out of 55 guys in my flight they called me alone to a “meeting” somewhere across the base. It took me bout 10 seconds to figure out that it was about going to the Academy. I had to give them an answer on the spot, and I said no.

Nearly forty years later I still sometimes wonder if I made a big mistake.

I’ve been wrong
I had plans so big
But the devil’s in the details

http://www.youtube.com/watch?v=jW3Oy1bCS4s&feature=related

Mick

January 13th, 2012
2:34 pm

reb

True that, we’ll get the new reality next november…

Paul

January 13th, 2012
2:35 pm

Thulsa

“Mad” probably isn’t the concept you’re looking for.

“Pity” is likely closer.

:-)

stands for decibels

January 13th, 2012
2:36 pm

Obama should’ve done this months ago, but better late than never.

Keep Up the Good Fight!

January 13th, 2012
2:36 pm

I consider his answer to be non-responsive.

Don’t really care about your “consideration”. The question has been asked and answered. The law was passed and the recess appointee had a MAJORITY of Senators approving.

But if you and Scout are hoping for a court case, I am all for your wish. Let’s put the filibuster and the abuses up to a court (the same courts that have those “activist” judges when you dont like them but good judges when a decision is one you like).

Get your doomed pout on!

Kentucky Jacket

January 13th, 2012
2:37 pm

I apologize to post and run, but I have to comment on this (and I apologize if these have already been commented on, I didn’t get a chance to read the whole blog)

1) If the Senate is on recess, how did a Bill get passed on December 23 that the president signed?

2) If the assumption is accepted that the Senate WAS in recess, then yes, they are both to blame…but for everyone screaming about how the Senate was shutting down departments, I have two questions:
A) If I am not mistaken (and may be), these postions have been open for a while. So have these departments been shut down since the positions came open? Otherwise, I have to disagree with the premise of that arguement.
B) (Open with another caveat)…If President Obama has had several nominations turned down, then I agree this is mostly the conservatives fault. But, that being said, I believe he only sent them before the Senate two days before the Senate “recessed”. So, why has Obama not been trying to fill them…I can’t sit on a purchase request at work for 3 months, and then turn it in the day before it is due, and complain because the next person held it up two days…and don’t tell me it is because he knew the Republicans would block it…make them block it. In fact, based on this behavior, why would a President EVER allow the Senate to vote on his apointments…just give them to the Senate with so little time that they can’t vote on them, and appoint them when the Senate is on recess…sounds like something is broken to me.
3) And lastly, to be consistent, whilie it is a little different, where was all of this outrage when the Democrats were fillibustering record number of votes on Federal Judge appointments…that was truely causing a backlog in the courts and hampering Americans rights to a timely trial…

Paul

January 13th, 2012
2:37 pm

Scout

Oh, I think Jay did a good job of demonstrating how ‘recess’ doesn’t apply here and how it’s used by a minority to impose its will in opposition to a duly passed law.

I haven’t been convinced by any of the counter arguments.

I’m big on separation of powers and one branch not undercutting the authority of, or attempting to grab for itself, the authority of another branch.

St Simons - we're on Island time

January 13th, 2012
2:38 pm

the ODS has turned the cons into – well, just poo flinging monkeys.

Doggone/GA

January 13th, 2012
2:40 pm

“I’m big on separation of powers and one branch not undercutting the authority of, or attempting to grab for itself, the authority of another branch”

Or one branch voluntarily giving away it’s Constitutional powers – I refer you to the “Aurthorization to use Military Force” fiasco that was Iraq.

md

January 13th, 2012
2:41 pm

“One possibility is the four-team playoff, or the so-called plus-one approach, that would create two national semifinals and a championship game played one week later. The original proposal, made in 2008 by the commissioners of the Southeastern Conference and Atlantic Coast Conference, was emphatically shot down by the leaders of the Big Ten, Pac-10, Big East, Big 12 and Notre Dame.”

Funny how 6 years of domination can help change people’s minds……….also Ironic that the SEC floated the possibility to begin with.

Of course, now the SEC only needs a team in the top 4 to continue the domination.(If passes, but I’m guessing it will).

Corey

January 13th, 2012
2:44 pm

thin resume, no executive experience, community organizer, Kenyan, muslim, pals around with terrorists, dictator, Marxist, will not show his birth certificate, will not release is grades. blah, blah, blah. Try these. Forty-fourth POTUS, magna cum laude grad Harvard Law, President of Harvard Law review, leader of the free world, commander and chief of the world’s mightiest military, made history being the first person of color to be elected POTUS, second youngest person to hold office as POTUS, inspired the greates number of individuals to show up and vote during the last general election. Can any of you detractors ever say this about yourselves. Envy is such a waste of energy. Sore losers never have anything good to say; they are like a broken record or a talking doll that repeats the same worn out limited phrases. Pull the string and listen to the doll talk.

Turnabout is fair play

January 13th, 2012
2:46 pm

“And yes, Democrats used that same technique to block recess appointments under President Bush. The only thing you can say in their favor is that at least they were attempting to block nominees they did not like — a legitimate use of their constitutional authority — rather than trying to shut down entire agencies.”

RIGHT, as a matter of fact, it was the Democrats who first used this tactic, so if you are right that anyone is undermining the Constitution because of this move, it is the Democrats. What difference does the motive make? And, anyway, the Republicans are blocking nominees that they don’t like as well, so no difference there.

Your analysis is why dictionaries include the word “hypocrite.”