Obama Recess Appointments

[Nbadan]

Scalia Rips Into Obama's 'Self Interested' Use Of Executive Power
Source: TPM
SAHIL KAPUR – JANUARY 13, 2014, 12:15 PM EST

Justice Antonin Scalia on Monday tore into President Barack Obama's use of recess appointments to staff government agencies when the Senate is unofficially on recess.

During oral arguments, Scalia shot back at an argument by U.S. Solicitor General Donald Verrilli that the Cons ution's recess appointments clause is ambiguous enough to validate Obama's temporary appointments.

"It's been assumed to be ambiguous by self-interested presidents," Scalia said, to "oohs" and laughs in the court room.

Scalia argued emphatically that the text of the Cons ution does not permit presidents to appoint individuals to government agencies during pro forma sessions -- when the Senate technically gavels in and out to fulfill a cons utional requirement, but does not conduct any business. He suggested the power ought to be restricted to official recesses.

more

Read more: http://talkingpointsmemo.com/dc/anto...s-appointments

The issue here is that the Senate was in pro forma session, meaning it gaveled in and out daily. The President's position is that this means they are not really in session so he can make appointments. The problem with this argument is the only reason the Senate does this is to stop the President from making recess appointments. They do this (I am talking ins utionally) in order to keep the peace between the different parties.

"For example, during the last two years of the George W. Bush administration, Senate Majority Leader Harry Reid prevented any further recess appointments. Bush promised not to make any during the August recess that year, but no agreement was reached for the two-week Thanksgiving break in November 2007. As a result, Reid did not allow adjournments of more than three days from then until the end of the Bush presidency by holding pro forma sessions."

"According to the Congressional Research Service, President Ronald Reagan made 240 recess appointments, President George H. W. Bush made 77 recess appointments, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and as of January 5, 2012, President Barack Obama had made 32 recess appointments."

http://en.wikipedia.org/wiki/Recess_appointment

[boutons_deux]

Repugs/tea baggers blocking recess appointments with bogus Senate sessions is just another proof that they deny the very legitimacy of Dem govt, or utility, legitimacy of any govt at all. Repugs have no interest in actually governing for the 99%, only in abusing govt to protect, benefit the 1%.

My guess is that the Repug JINO poiliticized extemist/activist SCOTUS will yet again overturn 150 years of custom, as they with Citizens United, to the Dems and the country.