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Fri Jan 6, 2012, 03:09 PM

 

Is Obama's Cordray Appointment Unprecedented? Not By a Longshot [View all]

Adam Levin
Posted: 1/6/12 01:11 PM ET

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I read the comments of GOP leaders in the House and Senate (which we all expected) and could only shake my head. I felt like I was reading the script of The Daily Show.

"This is an extraordinary and entirely unprecedented power grab by President Obama that defies centuries of practice and the legal advice of his own Justice Department," House Speaker John Boehner (R-Ohio) said in a statement. "This action goes beyond the President's authority, and I expect the courts will find the appointment to be illegitimate."

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Actually, fellas, you're mistaken.

Permit me to explain (listen closely, my Republican friends).

When legislation is passed by both the U.S. Senate and the House of Representatives and signed into law by the President, Senators have blocked recess appointments of unobjectionable nominees in the past, preventing their appointment, though the technicality of a "pro-forma session" (aka the "non-recess recess". For us mortals unschooled in the byzantine rules of the Senate, a "pro forma session" occurs when a couple of Senators "gavel in" and "gavel out" but conduct no business.

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Perhaps most importantly, the entire purpose of the recess appointments clause in article 2 cannot be defeated by the sham of a "pro-forma session," which is designed strictly to prevent that which the Constitution explicitly authorizes, and which ensures something that would've been quite objectionable to the founding fathers -- surely they would not have wanted a "tyranny of the minority," anymore than a "tyranny of the majority," or for that matter, anymore than they, or any American, would want a tyranny of any kind.

Read more: http://www.huffingtonpost.com/adam-levin/obama-cordray_b_1189484.html

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Reply Is Obama's Cordray Appointment Unprecedented? Not By a Longshot [View all]
Cali_Democrat Jan 2012 OP
unblock Jan 2012 #1
Proud Liberal Dem Jan 2012 #2