Obama’s non-recess appointments herald more bickering post-2012

There exists a hope that this November’s elections, with such a stark divide between Democrats and Republicans on many issues, will provide some political clarity for at least a couple of years. There’s a chance that comes to pass. Yesterday’s actions by President Obama, however, suggest the more likely outcome is an even nastier, dysfunctional Washington.

I’m talking about Obama’s appointment Wednesday of four officials: three to the National Labor Relations Board, and one as head of the Consumer Financial Protection Bureau, created by the Dodd-Frank financial reform law. He styled these as “recess appointments.” Which wouldn’t be problematic if Congress were in fact in recess. But it’s not: The House and Senate are conducting pro forma sessions expressly to avoid going into recess.

Democrats will point out that Republicans in the House forced this situation to prevent recess appointments, which are constitutional, and which President George W. Bush and others made at times to skirt Senate opposition to their choices. Republicans will point out that Democrats in the Senate — including then-Sen. Obama — employed the exact same tool for the exact same reason toward the end of the Bush years, and that Bush did not “go nuclear” by ignoring the pro forma sessions. A similar point could be made about the use of the filibuster.

I would say that, sooner or later, one party or the other was going to have to decide to unilaterally disarm when it comes to these disputes. Except that neither party has exhibited the kind of good faith that would indicate it would respond in kind to such a disarmament.

Until and unless that changes, I can only imagine these situations will continue to escalate until one side gets the judicial branch involved to decide on constitutional grounds. And I fear that, even then, the result will not be a resolution respected by all parties, but rather to make that branch even more politicized.

– By Kyle Wingfield

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251 comments Add your comment

td

January 5th, 2012
6:23 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
5:55 pm
@td January 5th, 2012 5:41 pm – . Do you think Obama has it worse now? Did you ever consider Obama may not be a leader?
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Tee baby, no one give a rats behind what you think. Everyone on here has an opinion.

Opinions are like?……………. everyone has one.

The truth sort of messes up that little story line about oh how bad the messiah is being persecuted by those evil white Republicans. What is wrong can you not handle the truth so you come with insults? Typical liberal tactic.

td

January 5th, 2012
6:28 pm

Dusty

January 5th, 2012
6:06 pm

I was in no way attempting to say it is the Republicans fault that Clinton got a Lewisky in the oral office. I was pointing out to another lib, who thinks Obama is being persecuted by the whitey republicans, that Clinton had it just as hard and was able to provide leadership at the same time so why can not Obama do the same.

Linda

January 5th, 2012
6:31 pm

John@6:20, I don’t think that fear is torture. Otherwise, I wouldn’t ride the Scream Machine, etc., but since you do, what do you think is worse: waterboarding or rendition? Rendition is the practice of sending terrorist suspects to third countries for detention & interrogation, countries such as Egypt & Syria with histories of torture. You are aware that Obama continued rendition, aren’t you?

http://www.nytimes.com/2009/08/25/us/politics/25rendition.html

Stephenson Billings

January 5th, 2012
6:38 pm

John, no, this is the law of the land:

“The origin of this three day period is Article I, Section 5 of the Constitution, which states: “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.”

The other parts of the quote were two (Democratic) justice department opinions of what that text defines as a “recess”.

Again, how would you have felt if Bush made recess appointments in 2007 when Reid kept Congress is “session” also for the explicit reason of preventing Bush from making recess appointments?

John

January 5th, 2012
6:38 pm

td

January 5th, 2012
6:28 pm

Other than being a Republican talking point, how is Obama not being a leader? Whether you like them are not, he has accomplished a good bit. Both parties tried passing healthcare legislation over the past 2 or 3 decades…Obama got it done. He cut taxes. created consumer protection, among many other accomplishments. The one in Washington that doesn’t seem to be a good leader is John “crybaby” Boehner. He can’t even get his own bills to pass at times.

Stephenson Billings

January 5th, 2012
6:40 pm

And I’m pretty sure I know the answer no matter what you say…. afterall, you already basically stated that (with this issue) that two wrongs would make a right or the ends justify the means.

John

January 5th, 2012
6:40 pm

Linda

January 5th, 2012
6:31 pm

So Linda, you would be ok with our soldiers being treated in the same manner…as you say, it’s only fear and not torture so it would be perfectly ok with you, right?

The REAL GodHatesTrash, Superstar

January 5th, 2012
6:40 pm

Obama is not a good leader because he is Muslim from Kenya. And, oh, that he’s black.

Especially that.

Stephenson Billings

January 5th, 2012
6:41 pm

“He cut taxes.”

Yay! $20/week….

Stephenson Billings

January 5th, 2012
6:44 pm

“So Linda, you would be ok with our soldiers being treated in the same manner…as you say, it’s only fear and not torture so it would be perfectly ok with you, right?”

Of course if we’re just nice to everybody, they’ll be nice to us back :rolleyes: . According to some videos I saw, they’re already treating our soldiers worse than we ever would treat them. ijs.

td

January 5th, 2012
6:46 pm

John

January 5th, 2012
6:38 pm

Yes, Obama got his socialist agenda, like Obamacare, done during the first two years when he had super democratic majorities in Congress. How much leadership did that take? Matter of fact did he not leave it to Congress to pass stimulus and health care and he just signed the bills? Is this leadership?

What has he been able to do since the Republicans took back the House of Reps? Why can he not compromise? Where is any leadership here? Why could Bill Clinton get things done with Newt (according to you libs the most hard core mean spirited conservative ever) as speaker and Obama can not get anything done with the “crybaby” as speaker?

Linda

January 5th, 2012
6:55 pm

John@6:40, The terrorists are decapitating our soldiers, dragging their bodies thru the streets & then setting them on fire. That is why they are called TERRORISTS.
The terrorists who have been set free from Gitmo are returning to the battlefield & are being re-captured because they missed Gitmo, AKA the Ritz.

John

January 5th, 2012
6:55 pm

td

January 5th, 2012
6:46 pm

“What has he been able to do since the Republicans took back the House of Reps? Why can he not compromise? Where is any leadership here? ”

Let’s see…didn’t he just recently get the his payroll tax cut extended? Didn’t he get the Democrats fully behind him and force Republicans to split and fight amongst themselves? Didn’t he stand up to Speaker John Boehner and force him to eat crow? He didn’t back down to the non-compromising Republicans and he got it done…sounds like leadership to me.

@@

January 5th, 2012
7:07 pm

So Panetta went back to Rumsfeld’s “leaner/meaner” approach? And here I thought nobody liked Rumsfeld’s way of doing things. Hope nuthin’ big arrives on our doorstep….talk about being stretched thin.

Oh well, Paul, next door will be thrilled. Don’t know where they’re gonna find jobs?

A Clayton County grand jury will convene later this month to hear corruption charges against former Sheriff Victor Hill.

I HAVE A DREAM!!!!!!

schnirt

@@

January 5th, 2012
7:25 pm

….how is Obama not being a leader?

Obama’s foreign policy failures:

Being repeatedly behind the curve on the Arab Spring, waffling on Iran’s nuclear program, botching the drawdown and military exit from Iraq, losing Pakistan, further alienating Israel, and getting left holding an empty bag on the Russia “re-set.”

His biggest failure as it relates not only to foreign policy but national security?

The Obama Administration’s Most Substantial Failure: The National Debt. Recently retired Chairman of the Joint Chiefs Admiral Mullen frequently called the national debt “the single biggest threat” to our national security. Yet it was also the biggest failure of the Obama Administration during the year, a failure that might hurt America for decades to come. What was the White House’s fault on this? Part of it was, to paraphrase Governor Mitch Daniels, a failure of arithmetic: presiding over the increase of the debt to the unfathomable amount of $15 trillion (an unprecedented increase of $4 trillion just since Obama took office) without making any effort to reform entitlement spending. But the bigger part of the failure was the White House’s cheap demagoguery that attacked any credible plan such as Paul Ryan’s, and the cynical disregard of bipartisan efforts such as Obama’s own Simpson-Bowles Commission. All of which further poisoned the political environment and put any prospects for fiscal sanity on life support.

Can’t remember where I read that but I agree. The dream of all liberals has always been to cut defense. The dream of all our enemies was to diminish our nation’s defense. Obama has fulfilled our enemies’ dream.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:26 pm

@Linda January 5th, 2012 6:19 pm – There are at least 3 types of Democrats today:
1. the gimmes, those who are “kept”
2. the uninformed, the misinformed, the gullible & the just-plain-stupid, &
3. the elites
Democrats are either in the herd or are the herders.
********************************************************************************************

Linda baby, you don’t sound like you are too swift. If you were one of the three YOU ONLY HAVE YOURSELF TO BLAME.

By the way Linda, I am a democrat and baby I DO NOT FALL IN ANY OF THOSE CATEGORIES.

Just because YOU were either one of the gimmes, those who are “kept”, the uninformed, the misinformed, the gullible & the just-plain-stupid, or one of the elites –

DON’T BLAME THE DEMOCRATS BLAME YOURSELF. :)

Ross Perot

January 5th, 2012
7:31 pm

So Panetta went back to Rumsfeld’s “leaner/meaner” approach? And here I thought nobody liked Rumsfeld’s way of doing things. Hope nuthin’ big arrives on our doorstep….talk about being stretched thin.

So they cut back after expanding their asia pacific presence with the bases in Australia? Hmmm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:36 pm

@td January 5th, 2012 6:23 pm – The truth sort of messes up that little story line about oh how bad the messiah is being persecuted by those evil white Republicans. What is wrong can you not handle the truth so you come with insults? Typical liberal tactic
************************************************

HUH? WHAT? MESSIAH? WHAT INSULTS? DUH? Blah Blah Blah. Yeah Yeah Yeah!

Boo who who!

Republicans would not know the truth if it SLAPPED THEM ON THEIR FACE. :)

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:41 pm

@@@ January 5th, 2012 7:25 pm – Can’t remember where I read that but I agree. The dream of all liberals has always been to cut defense. The dream of all our enemies was to diminish our nation’s defense. Obama has fulfilled our enemies’ dream.
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TO ALL OF YOU GENIUSES WHO NEVER WENT TO COLLEGE let alone been inside one…..if you all HAVE THE ANSWERS……..then RUN FOR PRESIDENT and SOLVE ALL OF OUR PROBLEMS

Most of you WOULD NOT HAVE THE GUTS OR THE EDUCATION TO RUN FOR PRESIDENT. :) .

td

January 5th, 2012
7:42 pm

John

January 5th, 2012
6:55 pm

If you really think your examples are of a true leader then you my friend have never held a leadership position. You have never met a payroll and you have never had to convince someone do do something they really did not want to do.

td

January 5th, 2012
7:47 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:41 pm

What was your major in College? I can tell by your post it sure was not anything in the Business arena, not much understanding of politics so that is out and by using all those caps English is out of the question. Wait, let me guess liberal arts or urban studies? Maybe, engineering?

@@

January 5th, 2012
7:47 pm

So they cut back after expanding their asia pacific presence with the bases in Australia?

Air and naval assets mostly. 250 Marines to start…ending with 2,500 total.

It’s a huge expansion….HUGE, I tell ‘ya!!!

I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...Happy New Year!!

January 5th, 2012
7:48 pm

Hey, look, it’s Ron Paul in a clown suit-

obozo: the US can no longer fight the world’s battles

“President” plans to cut half a million troops and says US can’t afford to wage two wars at once

Just sayin….

Darvocet spending

January 5th, 2012
7:49 pm

td

January 5th, 2012
6:19 pm

And tell us again how raising taxes on the rich are going to solve our deficit problems? Tell us how increasing the cost of doing business (regulations) are going to incentivize companies to hire?

It’s not the government’s duty to incentive managers to hire. Unless–OMG!–you’re secretly in favor of government intervention in markets!!

@@

January 5th, 2012
7:50 pm

Why are Republicans so angry? Whats up with that?:

Why do you always end your angry posts with a smiley face?

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:52 pm

@td January 5th, 2012 7:42 pm – If you really think your examples are of a true leader then you my friend have never held a leadership position. You have never met a payroll and you have never had to convince someone do do something they really did not want to do.
******************************************************

Tee baby, YEAH RIGHT like you have ever met a payroll and had to convince someone to do something.

Ha…….anyone who is on the blog as much as you are and make the ignorant comments that you make CANNOT BE A LEADER.

The only thing you CAN LEAD is the other republicans who think like you.

The blind leading the blind. :)

td

January 5th, 2012
7:53 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:41 pm

BTW: What does attending college have to do with being smart? I have seen Phds who did not have the common sense to get out of the rain. Really the only things having a degree proves is that one has either the resources or the persistence to sit and class and study.

One thing that can be said about your statement is that it proves you are an elitist.

Darvocet spending

January 5th, 2012
7:53 pm

Linda

January 5th, 2012
6:55 pm

John@6:40, The terrorists are decapitating our soldiers, dragging their bodies thru the streets & then setting them on fire. That is why they are called TERRORISTS.
The terrorists who have been set free from Gitmo are returning to the battlefield & are being re-captured because they missed Gitmo, AKA the Ritz.

You’re not a very good gimmick

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:54 pm

@@@ January 5th, 2012 7:50 pm – Why do you always end your angry posts with a smiley face?

*******************************************

Because I CAN.

YES WE CAN. :)

td

January 5th, 2012
7:57 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
7:52 pm

I will bet you money that I make more money in one day then you do in a week.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:00 pm

@td January 5th, 2012 7:53 pm – BTW: What does attending college have to do with being smart? I have seen Phds who did not have the common sense to get out of the rain. Really the only things having a degree proves is that one has either the resources or the persistence to sit and class and study.

One thing that can be said about your statement is that it proves you are an elitist.
*****************************************************

You made my point – “the only things having a degree proves is that one has either the resources or the persistence to sit and class and study.”

The KEY WORD IS PERSISTENCE. Anyone can attend college if they have the grades.

Obviously your parents did not teach you ANYTHING about pursuing a higher education.

Don’t blame me blame YOURSELF or your parents.

td

January 5th, 2012
8:01 pm

Darvocet spending

January 5th, 2012
7:49 pm

There is more then one way to incentivize. Cutting regulations and taxes is the way I was talking about. I know you libs think the word means paying someone to do nothing like in welfare.

Linda

January 5th, 2012
8:01 pm

Why@7:26, I am not your baby.
There’s another “thingie” about Democrats. They lie & attack their opposition when they have absolutely nothing to say. I may not be as swift as I was when I was younger, but I guarantee you that I can run circles around anyone with the mentality of a 3-year-old & the manners of an orphan.
Your category is definitely #3, probably closer to the end.
BTW, I left the Democratic Party BEFORE they herded their sheep into the pen.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:04 pm

@td January 5th, 2012 7:57 pm – I will bet you money that I make more money in one day then you do in a week.
************************************

You are so juvenile. I am not going to play your game.

You keep proving my point that republicans are so angry.

Whats up with that?

td

January 5th, 2012
8:07 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:00 pm

You obviously do not have a degree or you would have answered my other post. If you had any reading comprehension skills then you would know that I was in Newts (Masters level) class at KSU in 1993 so I do have a degree.

Your use of caps and smart butt remarks proves you do not have the intellectual capability to defend and debate your philosophy to well. Keep it up and show the whole world what you truly lack my friend.

Linda

January 5th, 2012
8:08 pm

Why@7:26, I meant to say that your category is definitely #2, probably closer to the end.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:08 pm

@Linda January 5th, 2012 8:01 pm – Why@7:26, I am not your baby.
I may not be as swift as I was when I was younger, but I guarantee you that I can run circles around anyone with the mentality of a 3-year-old & the manners of an orphan. Your category is definitely #3, probably closer to the end. BTW, I left the Democratic Party BEFORE they herded their sheep into the pen.
**************************************

You just proved my point. Why are Republicans so angry?

BTW…..the only circles you are going to run around are the ones around your eyes.

Shame on you for saying that about orphans. YOU SHOULD KNOW BETTER.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:12 pm

@Linda January 5th, 2012 8:08 pm – Why@7:26, I meant to say that your category is definitely #2, probably closer to the end.

************************************************

You are not THE SHARPEST KNIFE IN THE DRAWER ARE YOU?

Make up your mind. Which is? #2 or #3?

Think about it and get back to me. :)

td

January 5th, 2012
8:17 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:12 pm

We can tell you either do not have a significant other or are a true subordinate in a any relationship you may or may not be in making statements like these. Keep on giving yourself away.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:17 pm

@td January 5th, 2012 8:07 pm – you would know that I was in Newts (Masters level) class at KSU in 1993 so I do have a degree.

Your use of caps and smart butt remarks proves you do not have the intellectual capability to defend and debate your philosophy to well. Keep it up and show the whole world what you truly lack my friend.
******************************************

I would not brag about being in Newt’s (Masha Level) class. I am not IMPRESSED.

I stopped trying to have a rational and intellectual debate with people who have no interest in what I have to say.or think! Only what they have to say or believe matters.

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:20 pm

@td January 5th, 2012 8:17 pm – We can tell you either do not have a significant other or are a true subordinate in a any relationship you may or may not be in making statements like these. Keep on giving yourself away.
**********************************
Who do you think I am getting these comments from? :)

They said to tell you to stop being SO ANGRY. It ain’t that serious.

Linda

January 5th, 2012
8:26 pm

Why@8:08, You have been talking to yourself for hours. Everyone ignored your rants until you began addressing some of us by name. You are hopeless & helpless & unworthy of any more of my time or that belonging to any other conservative, for that matter. Please return to ranting to yourself.
I apologize if I hurt the feelings of any orphan. I just feel fortunate that I had two loving parents that raised me to know better than trying to insult ladies & using crude remarks directed toward them.

Michael H. Smith

January 5th, 2012
8:27 pm

John
January 5th, 2012
5:22 pm

NO! That’s the problem, they pass a law that they know isn’t constitutional and they hope nobody challenges it or the court will legislate in their favor. Nah that’s just crap and it is exactly why things are in a mess.

HELL NO JOHN IT”S NOT UP TO THE COURTS TO DECIDE, IT IS UP TO WE THE PEOPLE!

Where JOHN, does this government and that includes “THE COURT”
derive, get, receive, its powers to govern over us. From our hands JOHN BY OUR CONSENT from we the people(and that isn’t limited to or by an election sir!). You and liberals like you are so damn consumed by government you must think your rights are given to you by government and you are dead brain dead wrong if that is the case. We are endowed with our rights by our creator under the authority of nature’s law and the laws of nature’s GOD and that JOHN, MAKES US AND OUR RIGHTS SUPERIOR TO THIS GOVERNMENT AND ALL OTHER GOVERNMENTS. GOT IT!

Change the constitution, then change the laws that is what we, NOT WHAT THE COURTS, should do.

td

January 5th, 2012
8:35 pm

Why are Republicans so angry? Whats up with that?

January 5th, 2012
8:20 pm

“It ain’t that serious”

This is where is are so wrong. This is the future of mine and your children at stake in the decisions this country makes next year. We are either going to turn into a European socialist welfare state or we are going to have a chance to give our children and grandchildren the same opportunity as our parents and grandparents gave us. Do you want your children to be big government welfare recipients or do you want them to have a chance to succeed?

John

January 5th, 2012
8:38 pm

td

January 5th, 2012
7:42 pm

I dunno but Obama has the Democrats on his side…unlike John Boehner who can’t even pass his own bills in the House he controls.

Linda

January 5th, 2012
8:44 pm

Why@8:12, I earned & hold a Bachelor of Science Degree from one of the largest universities in the Southeastern United States. There are a lot of people who consider me sharp, people who actually matter.
I think even you know that you are not included in category #3, the elites.
To answer your question so that you can move on, Republicans are not angry. Fiscal conservatives, which include Republicans, Independents & moderate Democrats, are scared. The polls prove it. We all think our country is headed in the wrong direction & agree with the Defense Dept. that our national debt is the greatest national security threat to our country.
At the same time, Obama & the progressives are still trying to spend our way into prosperity with money that we do not have, money borrowed from China or printed by the Federal Reserve out of thin air, contributing to our run-away inflation, another problem unaddressed.
Obama & the progressives know exactly what they are doing. They know that their plan of action is to the detriment of the US economy.

Get Real

January 5th, 2012
8:57 pm

John….why don’t you give up while you are behind

John

January 5th, 2012
9:02 pm

Michael H. Smith

January 5th, 2012
8:27 pm

Get off that crack.

“HELL NO JOHN IT”S NOT UP TO THE COURTS TO DECIDE, IT IS UP TO WE THE PEOPLE! ”

When have WE, THE PEOPLE ever decided a court case? When have WE, THE PEOPLE ever vote on a constitutional amendment?

“Where JOHN, does this government and that includes “THE COURT” derive, get, receive, its powers to govern over us. ”

From the US Constitution…maybe you should read it someday.

As far as rights are concerned…what the Declaration of Independence states is…”We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. ” Where does it mention anything about “under the authority of nature’s law and the laws of nature’s GOD “?

By your argument, that would then mean government cannot stop gay marriage, abortion, murder, rape or anything else if people are doing these things in the pursuit of their happiness.

@@

January 5th, 2012
9:07 pm

Why are Republicans so angry? Whats up with that?:

Because I CAN.

You can if ‘ya wanna look like some goofy tween.

@@

January 5th, 2012
9:14 pm

When have WE, THE PEOPLE ever decided a court case?

I helped send a guy to prison for life. I s’pose he could appeal it all the way to SCOTUS. I seriously doubt he will though. If he was smart, he wouldn’t have had three strikes against him.

Repeat offenders…when will they ever learn? Could take their entire lives.

schnirt