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Whose abuse of power?
Republicans hypocritical to bash president on recess appointments
Sunday, Jan. 8, 2012 | 2 a.m.
What do you think?
Send your thoughts in a letter — no more than 250 words. Include the writer’s name, address and phone number. Anonymous letters will not be considered. E-mail: letters@lasvegassun.com.President Barack Obama made waves last week with four recess appointments, naming Richard Cordray as the first chief of the new Consumer Financial Protection Bureau and filling three vacancies on the National Labor Relations Board.
The move, which avoids confirmation votes in the Senate, was immediately attacked by Republicans, who questioned the legality of the appointments, saying the Senate isn’t technically in recess.
Senate Minority Leader Mitch McConnell said the president “arrogantly circumvented the American people.” House Speaker John Boehner called the president’s move “an extraordinary and entirely unprecedented power grab,” and said there would be “a devastating effect on the (Constitution’s) checks and balances.”
The Republican leaders’ hyperbole only serves to rally their party’s base in an election year. However, before the president’s critics start fulminating and putting on their overly righteous indignation, perhaps they will consider something that makes this particularly unusual: Presidents typically use recess appointments when the opposing party controls the Senate and blocks their appointments, but Obama’s party controls the Senate.
So, what gives?
Using Senate rules, Republicans have stonewalled the nominees, which isn’t unusual on its own until you consider why. The Republican opposition isn’t based on the quality of the nominees or their experience. Instead, it’s based on their ideological objections to the agencies to which they were nominated. They want to block the nominees to stop the work of the government.
Republicans have blocked Cordray’s nomination because they think the law that created the bureau provides too much regulation of Wall Street and financial institutions. (Heaven forbid that there is actually — gasp! — regulation to protect consumers and prevent another economic meltdown.) Republicans have offered to allow Cordray’s nomination to move forward if the law is watered down.
By blocking Cordray’s nomination, they prevent the bureau from getting up and running. By blocking the nominations to the labor board, which they have waged a long war against, they stop work there because the board couldn’t muster a quorum.
And yet they have the gall to claim the president is trying to grab power?
It’s not the president, who is trying to run the government, making the power grab but Republicans in Congress. They have far overstepped their bounds. The Senate’s role is to provide “advice and consent” on nominees, not to hold hearings on the agency.
In the conservative Heritage Foundation’s guide to the Constitution, Northwestern Law School professor John McGinnis writes that the founders considered a clear role for the Senate in nominations. He says George Washington “wrote in his diary that Thomas Jefferson and John Jay agreed with him that the Senate’s powers ‘extend no farther than to an approbation or disapprobation of the person nominated by the President...’”
For a party that has spent so much time talking about the Constitution, you would think they would know all of this.
If Republicans don’t like these agencies, they can do something about it in Congress by changing the law. That is, after all, Congress’ role — it did create both the labor board and the consumer protection bureau. If they think the agencies are unconstitutional, they can sue and let the courts decide, as they’re doing with the health care law.
Or, they can continue down this hypocritical path and show the pubic how they are abusing their constitutional power just to play politics.
Discussion: 24 comments so far…
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Harry Reid used the exact same tactic to prevent then-President Bush from making recess appointments. Where is the difference?
President Obama is pushing the envelope on executive power even further. (Speaking of such, why did Obama sign the DAA after saying he would veto it if it left the clause about detaining US citizens suspected of terrorism indefinitely without the right of habias corpus intact?) This *must* be stopped, and I don't care what party finally wakes up and sees that the White House is becoming a home to potential dictators.
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So when Bush was in office Senators Harry Reid and Obama came up with the 3 day pro forma. And Bush recognized the Rights of the separate branch -Congress.
Of course king Obama who as the Mad Hatter at his personnal Alice in Wonderland WH party does what ever he wants.
King Obama does not believe he must follow the law.
What is really important here is that all work put our by these committee of Union thugs and lawyer will be overturned by the courts because they are illegally installed.
>>>>>>>>>>>
if it was left up to the republicans, we'd still be in iraq and finding an excuse to invade iran. Obama should have told the republicans to shove it years ago.
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Ah, the Party of Ken Starr and Tom Delay and AwolBush of Harken, Enron, Torture, War, Depression and No Child Left Behind .... ah, this is the Republicon Party - it is no wonder they are so hated
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I suggest Obama do even more of this recess appointing ... I suggest he over-ride all the stuff to keep our country moving forward and the heck with the grousers in the Republicon Party
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I still see NONE of them singing off on sending back their Social Security and Medicare at all ... wonder why that is
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Where is that other little hypocrite Von Berlin Ryan ..... and his little minded Voucher Program Death Panel for all our grandmas - he's hiding out until the elections are over
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Ola..... the former Criminal President Bush and his party are solely responsible for the situation our nation has been in and is in .... it's all their doing in total and completely, period.
Re boftx: I guess Senator Reid didn't get the job done regarding recess appointment opposition since Bush made 171 of them during his administration.
Democrats always lower the bar.
For Reid he used the nuclear option and almost always fills up the admendment tree.
Now Obama did this then it means all presidents can make recess appointments any time Congress is in session even if it is for 1 sec.
What goes around comes around.
I am sure that Sun will generate editorials that moan about Republicans who will deploy these tools against Democrats in the near future.
Yessir! Both sides of our Constitution-Hating UniParty of Greed are shameless hypocrites. Just another reason to NOT vote for them!
LVSun: "The Republican leaders' hyperbole only serves to rally their party's base in an election year."
The Reps don't need to resort to hyperbole to rally its base. Its enough having a Marxist in the White House to do that.
Well, we knew that the hypocritical Democrat party shills that right editorials for the LVSun would come to the defense of the "Dear Leader" who can never do wrong in their eyes. When Democrats pull these types of stunts that's all well and good and characterized as "standing up for the American people" by these phony shills. When Republicans take a page out of the same playbook, that's characterized as "obstructionism".
That should be "write"
"Democrats always lower the bar."
then why are you always left to looking up to see where the bar is? hmmmmmmmm? worse yet -- your having to wait to have someone tell you how far above your head the bar is.
Why aren't you over on the Righthaven stories here telling us all how smart a move that is. you know, like you use to do. why you used to tell us all how smart the RJ was --- that was right up until the law got in the way.
where's your defense of the indefensible now, Rock?
Poll numbers for congress have never been lower. Gridlock and obstructionism has become their primary job, not the work their constituents elected them to do.
That's why a majority of citizens are happy to see the president smack the do-nothing bullies around. We the people are mad as hell and we aren't gonna take it anymore. It seems the president feels the same way.
Recess appts are used by both sides.
Now I see people are insisting that the Senate is not in formal recess. AND if they are not in formal recess then the appointment is improper and illegal until the legislative body votes on it.
The House of Representatives will cut off funding for this redundant agency. End of story.
It is more egregious than the Sun is willing to admit. The appointment was NOT a recess appointment. It was an attempt to make an end run around the constitution to increase executive power.
The senate is not in recess.
"The senate is not in recess."
oh?
http://tinyurl.com/84cgyo3
President appointed him on the 5th while the Senate was in recess.....recess was from the 3rd to the 6th.
See what I mean? Last week I wrote that I don't believe I have ever seen a Sun editorial critical of a Democrat action. So now we have a President who circumvents the same tactics (3 day pro-forma sessions) used by Reid to stop W. Bush recess appts. (Bush did not challenge the established precedent) and the Sun excuses/equivocates/uses illogical blathering to justify the action. Can't wait to see what they say when a Republican president does the same thing.
BTW, here is the report I referenced on median hh income from June '09 to June '11. It Is
from Sentier Research called "Household Income Trends During the Recession and Economic Recovery."
The report found that during the recession, income fell 3.2% to $53,518 from $55,390. During the June 2009-June 2011 recovery period, income fell 6.7% to $49,909 from $53,518.
What recovery? you ask. The Obama recovery, of course.
According to Malous and I guess Obama, the Senate is in Recess at night and weekends.
So the President can by-pass the Senate at will on any day he wants to....according to Obama and Malous.
Sure looks intriguing this political game, as of foreigners. Just think it has made a time record of arguing.
Liberal economic policies starting with Lyndon Johnson's War on Poverty have lead to the increasing gap between haves and have nots. It has destroyed whole communities, usually Black dominated, under the guise of helping them and any criticism must be racist. The only racists I see are black leaders who depend on their followers believing this lie.
Prison population has grown from less than a half
million in 1980 to over 2 and one half million today. You can blame the sense of entitlement that permeates our society and the lack of education for the unprepared work force that leaves some little choice but a life of crime.
Sleep well liberals, but some of us know who is responsible for all this and it is not entreprenuers and business class who have done this. It is not profitable.
Sun.......GREAT EDITORIAL, SPOT ON.
YES, the Sun tells the truth.
YOU GUYS ROCK!!!
Great editorials like this prove that the
LAS VEGAS SUN is the best and most important
newspaper in the United States.
President Obama did the right thing by these
recess appointments.
THESE APPOINTMENTS WILL HELP AVERAGE AMERICANS.
THANK YOU PRESIDENT OBAMA!!
YOU ARE THE MAN!!!
Ron Paul is a real-life hero. The status quo fear him, the American people love him, and intellectuals respect him. Most Americans support bringing the troops home, ending the drug war, and fixing the dollar. That is why Ron Paul will probably be elected president.
haaggus.....
Ron who?
Do you mean Mr. Magoo?
This tactic of trying to halt the workings of the institution by refusing to confirm its director is going to come back and bite the Republicans in the a**. They refused to confirm Elizabeth Warren, so she went home to Massachusetts and will be taking on Scott Brown in the Senate race. She'll probably beat him, too.
TEA.. thanx for the stats on household income. It just confirms to me all you tea carpetbaggers whose love for corporations are VERY un-American!!
Enjoyed the editorial.
The modern day morphosis of the Tea/Republican Party only uses the Constitution for their OWN benefit, not for the people.
In this specific instance, they seem to be using smoke and mirrors to get people to pay attention to a specific point of contention, but not what the overall effect of the decision entails.
They prefer for people to pay attention to specific trees, but would like them to forget there's a whole forest there. Nothing new with an entire political party that just talks, but does nothing. The agenda drives everything and anything, not problem solving to reach an ultimate goal.
I suggest strongly the Tea/Republican Party politicians in power amp up their indignation about these recess appointments and take President Obama's decision to court if they feel that strongly about it. Put up or shut up.
They won't though.
Because they know if they follow that course of action they will signal without any doubt whatsoever to the American people they are not interested about us at all. Nor for our financial welfare. They know if they take a further step about these recess appointments it will turn off the American voters, causing votes against them. It will signal even more clearly they hate the middle class and the poor of this country. Basically, anyone that's not filthy rich, it's a known fact they could care less about you.
President Obama and his administration is now playing hardball politics. And using Tea/Republican reprehensible politics against them. It's about time.
Take it to court, Tea/Republicans. Do it. I'd love to see how you try to explain to the American people some B.S. spin justifying your hairbrained decision. We, the people, got your back, President Obama. The people will always stand up for a President that does what's right for this country.
Also, if they take it to court, it would just speed up the utter destruction of the neo-conservative element of the Tea/Republican Party. And hopefully bring them back to some semblance of reality.
People are really, really tired of this attack mode thing all the time. It don't get us nowhere except back to the wasted Bush years of incompetent excess and lamebrained policies we're all trying to forget.
Substitute Democrat for Republican in the posts above and VS VS and it would be equally true (except for a few grammar problems.) Partisan blather marches on....One People, One Nation, one Party!
Dennis Hill,
The last two times that one party was effective happened in the Soviet Union and the Peoples Republic of China. Cuba is still one party of the people but not very effective.
Always get a kick out of anyone who accusses (sp) fiscal conservatives of loving corporations. It never fails to show just how lacking in the "idea" field they really are.
Truth be told, we neither love nor hate anyone or anything based on their/its amount of money earned. We know that we can do that too. The oportunity is there for all. It may take a long time and a lot of work. A LOT OF WORK. But it can be done.
Now, how about addressing those numbers under P. Obama? I assume the commentor is a supporter of this business/economic ignoramous.
Technically the Senate was still in session
and as such it was totally illegal and irresponsible of Obama to do this.
If in fact they were in recess, the arguments that he had the right hold.
In fact, the senate was not in recess - ask Harry; he may have to tell the truth on this one.
In general Obama listens to no one - not even his wife.
He is not for the people and thinks he is a know it all. As we all know, that makes for poor policies and bad economics and no jobs.
Obama -Hates the workers.
As we
Another federal bureacracy is desperately needed by the sheeple!
Maybe they can mandate a "living wage" to placate occupiers.
What, cry-baby republicans didn't get their way?
Too bad.
Average Americans come first when Democrats are
in the White House.
And the economy does better when Democrats are in
the White House.
Technically, President Obama stood up for the people.
His tactic passes muster of doing the right thing for the right reason, technically.
And technically, the people subconsciously assuage any apparent wrongdoing as Mr. Obama's heart is clearly in the right place, taking a strong stand to protect our country from this attempted denial of our rights.
Way to go Michelle!
The difference between Reid doing it to Bush, and what McConnell doing it to Obama is the following...
Bush wanted to recess appoint nominees who would not have been confirmed by the senate had there been a vote. Reid wanted a vote.
McConnell has blocked votes on nominees because they would be confirmed by the senate. So he filibustered, and then tried to block recess appointments by having someone convene an empty senate for 45 seconds every day or two.
Just like Simmons, the fraidy-cat. Giving up his freedom so someone else can make his decisions for him. "He who trades freedom for security deserves neither." Never more true than when it comes to the lottery-lover, Simmons!
Half the country can't name one person running for president even after how many debates? Recess appointments???? People are so stupid they could care less.
If the Republicans want a sure fire winner put Kim Kardashian on the ticket. That's a name Americans can identify with.
The income gap is getting wider because of the decline of communism and the emergence of massive third world competition. Billions who will work for a couple bucks a a day. The owners of capital are benefiting from the cheap labor and building wealth and the workers are going down the crapper. Wages have been stagnant for a decade and half the country can't come up with a grand. Billionaires a popping up like weeds. Corporations are putting their best numbers on the books in years and sitting on record cash waiting for more $2.00 a day workers to emerge in some god forsaken place.
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Abuse of Power .... Haley Barbour, Gov of Miss
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Pardoning all those convicts including murderers and rapists last week
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Another Republicon doing his dirty work
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Ola. When will they put up Rachael Ray for President ... pretty soon I guess when Mexico Mitt is being fihished outing for what he is.
Jim, my humor escaped you.
As you should know by now I do not see two REAL political parties in the USA. A study of the votes of many legislators in Washington can see that they routinely vote in pairs (one for and one against)to assure that their votes bounce off from each other.
This long revered tactic ensures that they have cover to boast to party partisans of their opposition or approval of a critical piece of partisan legislation. This is the equivalent of the paired legislators voting present on a partisan measure that they supposedly are so anxious to see succeed or fail.
As for the comment: One nation, One people, one party this is a take on the original from Germany which was: Ein Reich, Ein Volk, Ein F...r!
The MSM is always ready to cover for this Socialist In Chief whether he appoints more leftists to offices that frankly, whose spots should be weighed out on equality as all Dem reps have demanded of Pub Presidents since Ronaldus Magnus. That is the hypocrisy not the demand to do what Dems originally demanded. As to one party rule, the Obamaites had it for two years till 2010 and now they whine they want to look like the old Soviets so they can do what??? Bring equality?>? Please. Sort of like this johnnycomelately bit of Bama wanting to merge agencies for....cuts. Yikes. He cuts the small business and free trade free enterprise entities. Not welfare, stamps agencies or labor loving one. Please let us not talk of hypocrisy till he himself abandons the horror of Obamacare which will give him and Dems power for decades.