In the amicus briefing, Kennedy argued that President George W. Bush’s recess appointment of Judge William Pryor to the 11th Circuit Court of Appeals was unconstitutional. Kennedy thought the appointment was unconstitutional because the Senate was not officially on a recess. The Senate had been adjourned for 10 days before Bush exercised his recess appointment power.The ever shrinking Constitution.
“President Bush announced Judge Pryor’s recess appointment on the afternoon of Friday, February 20, 2004, the last business day before the Congress returned from its ten-day adjournment,” Kennedy wrote. “As discussed in the argument below, that brief adjournment is by far the shortest intra-session ‘recess’ during which a president has ever invoked the Recess Appointments Clause to appoint an Article III judge.”
As I have written before, the solution to this is for the US Senate, as a corporate body, to issue a quiet rebuke to the President. Perhaps Senator Reid could mention to President [of the Senate] Biden that he, Senator Reid, is putting on hold all Administration nominations, present and future, on hold until those four show up for hearings. Make the hearings tough. Then vote to confirm them, even numbers of Democrats and Republicans and not one vote more than needed.
Unfortunately, those 100 men and women see themselves as political operatives rather than members of the world's greatest deliberative body.
Regards — Cliff
9 comments:
Cliff, are you stating that that confirmation hearings have been skipped over? Mr. Corday, head of the Consumer Financial Protection Bureau, went to see the Senate on Sept. 6, 2011.
This may help, also.
You say it all when you say "unfortunately, those 100 men and women see themselves as political operatives rather than members of the world's greatest deliberative body". It's a sad state of affairs, but until party pols return their allegiance to the country ahead of their private, personal and crooked mob racket affiliations, we all as a country continue to be in deep, deep trouble.
I am saying "new" hearings, because they have been given recess appointments. This is about the process overall. So, extra hearings, as a way of telegraphing displeasure, would not be out of place.
Regards — Cliff
Telegraphing displeasure??!!
For partisan reasons and those Kad brings up, who cares if the Senate is displeased.
Cliff, the Senate GOP is pissing all over our Constitution and the underlayment that has served this nation for centuries.
Frankly, screw them.
If you like, take this back to Bork. The saga is tedious. That is just cover for the shameless obstructionism that is today's GOP.
And please don't lecture me about "checks and balances." We are supposed to have "good faith." We have none! On that note, I think I agree with Kad most of all.
So on balance.....sort of an "article of fairness" if you will.....the first two years of the Unholy Triad, Obama, Reid, and Pelosi literally ramming tons of legislation down America's throat as well as an unprecedented spending spree....is somehow just fine because those dirty Republicans are "obstructing" the change we have to believe in??? What a bunch of donkey drivel.
Frankly, neither party has any moral high ground any longer...both having laid claim to the lowest of low ground. What a despicable bunch of self licking ice creams cones....from the Capitol down to 1600 PA Avenue.
The District of Criminals is the best title for that God forsaken reclaimed swampland.
The reprehensible smoke and mirrors games played are unbelievable in their craven process. Mr, Corday because he went to visit the Senate on Sept 6 is supposed to be considered "confirmed." Why? Did Harry Reid say he had a special men's room vote?
This would all be laughable if it wasn't so obscene....along with the folks who attempt to defend it or embellish it with praise or excuse it with vacuous rationalizations.
Neal,
The unholy triad simply passed the legislation that was the platform of the ticket.
There was TARP, started by Bush. And there was the Bailout & auto bailout. Those were emergency acts.
Elections have consequences. Obama winning didn't mean the GOP should roll over. Scott Brown winning diesn't mean shit, except for us less fortunate Massholes. The 2010 midterm means that Obama needs to listen more carefully.
Nothing stops.
Re Jack at 12:37, and yet the US Senate has been given power for Advise and Consent and so it should.
I am of the opinion that too often the Legislators have not stood up and done their jobs—all parties.
I would like to see Legislators take back their Constitutional authorities and responsibilities.
I am unhappy with most of them, but that doesn't mean that I think they should not be working while in office. Come November those who have done poorly should be voted out.
But, the issue sitting orthogonal to this whole problem is the fact that we don't have a broad national concensus in this on how the economy operations. Some are following Lord Keynes and some are not. This is a very important divide.
But, still, the US Senate is the US Senate. But, it reminds me of the drunk lawman in a Howard Hawkes movie, e.g., Rio Bravo. It needs to sober up and do its duty.
Regards — Cliff
It would easy to snipe about duty to country or to party, but it isn't that easy.
If the party engulfs ideals that we know best serve America, fidelity to both are one.
I've seen this POTUS go far enough right to piss a lot of Dems off. A lot!
Besides Scott Brown and the two Mainers, on rare occassion, the GOP isn't budging.
Though it is cliche, now, it shouldn't be overlooked that Mitch McConnell stated his top priority is to defeat Obama.
I suggest these recess appointments is Obama picking up that gauntlet. He has to preserve the majority in the Senate. Taking on a fight with the 'Party of No' over consumer protections is smart, imho.
Ah but Jack, who has the "right" to establish what is good for America....and who is the "we" that knows that it is good? Today, the answer is Obama and the Democrats because they are in the power position...but aren't the Republicans entitled to their view of what is right for America? And aren't they just as right to fight hard for their view as is Obama and Reid?
When we use the term "obstructionist" what is really being said? In a nutshell, it is used as condemnation by one party who believes that they have THE answer and will implement it no matter what....and as a badge of honor by the opposition who will obstruct it no matter what.
I think that is just how free folks act....and perhaps...SHOULD act. Ultimately...it will sort out...and be replaced by a battle over the consequences of finally choosing one path or the other.
Essentially, if one can distill it all down to one issue, this is a winner take all battle between the Democratic Party view that calls for America to be a Socialist Welfare state administered by a very large and omnipresent, omnipotent government versus the Republican view that essentially calls for minimal government in place to administer a free market society in which one's success and fortune is the result in one's labor.
No matter which path is taken, someone is going to have their dream overridden. These are the things that underpin revolutions and eventual separations of groups. And I personally believe that America's great experiment is about to enter a new and only explored one time before phase of its evolution. The two views have become so polarized, so adamant in their expression, that I can't see any rational backing down. Polls numbers in this realm are really imprecise and of little matter. People will respond to the common good if they are convinced it is the common good. Well, we have two distinct groups who view the common good differently, and they are responding to that good they support. Its not like you can have an election and the losing side simply packs up and sucks it up.
And I do think the advent of modern information distribution technology has done much to increase and reinforce this now critical polarization. The two "views" are in the face of the population 24/7....and is a constant grinding of one philosophy against the other....more people are aware and are choosing a side than ever before in history.
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