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Congress backstabs POTUS on recess appointments.

By: Moe Lane (Diary)  |  September 30th, 2010 at 11:00 AM  | 

RESIZE: AAA

It seems a bit odd that Senate Democrats have agreed to use a rules technicality to prohibit the President from making any recess appointments between now and the election – particularly since Senator Dick Durbin (D, IL) seemed to be suggesting earlier this week that a recess appointment for blocked OMB nominee Jacob Lew would be possible if the hold on his nomination was still active.  None the less, the prohibition is now in effect: and in exchange, the Republicans gave up…

…nothing.

No, really: as near as I can tell, we gave up nothing at all.  All the GOP had to do was threaten to throw some pending nominations back to the White House for resubmission, and the Democrats simply folded like a cheap suit; thus making it impossible for the President to do one of the few things that he can do to mollify his base right now.  This was pretty craven of Reid and his cadre; not that I’m objecting, but I was under the impression that the Democratic party controlled both the legislative and the executive branches of government these days. I mean, I’ll be expecting this gambit maybe next year (or maybe in 2013, or whenever is the next time where the GOP controls Congress but not the White House), but having it happen right now is a bit odd.  Very welcome, but odd.

Moe Lane (Crosspost)

PS: We would have traded something for this, probably.  Being able to stop recess appointments would have been an opportunity worth bargaining for.  So… thanks?

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COMMENTS

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  • Oz

    Appointments can only be carried over between sessions by unanimous consent.

    McConnell basically said he was going to object which would have sent all the appointments back to Obama and he would have had to re-do the hearing for them, etc, so it would have added month of delays.

    I suspect what the Dems are planning is to ram through a large number of these during the lame duck session.

  • http://moelane.com/ Moe Lane

    I figure that what happened here is that the Democrats don’t want to have some of the more freaky nominations looming over them before the election; they’re in enough trouble as it is.

  • IJB

    The fears of a “runaway” lame duck session are totally overblown.

    Not only will there likely to be 2-3 more Republicans sworn in to block stuff when they hold the lame duck session, but they will also be too busy just trying to pass the budget.

    In fact, it wouldn’t surprise me if the lame duck session fizzles – the Dems may just hold it open long enough to pass another continuing resolution (to kick the budget to the next Congress) and then head for the hills…

  • bk

    Can he call McConnell’s bluff and recess-appoint him anyway? Heck, he recess-appointed in a case where the Dems hadn’t even scheduled a hearing, so that makes it seem like he can do anything he wants. He’s got to figure the GOP will block lots of nominees next year, so what does he have to lose?

    He’s named czars left and right in an unprecedented violation of the spirit of the Constitution. Can he appoint the guy without the title? Heck, if Obama was using czars to bypass a friendly Senate, he’ll double-down under an unfriendly Senate. Unless we take over both houses and close the pursestrings down on some of these agencies headed by czars, Obama can go nuts with it right?

  • cwilson
  • http://www.scragged.com petrarch

    For most of them, it’ll be the last gasp of power they’ll ever have. Why on earth wouldn’t they want to use it?

  • The_Gadfly

    As you noted in your reply above, it’s one thing to appoint a Marxist whacko when you are 6, 12, 18 or 24 months away from an election (long to geological time frames for politics of so I am told), it’s a whole other thing to appoint the same nutjob 2 weeks before a national election in which, despite their public professions, Dems know they are getting their hiney’s kicked. To put it more succinctly: Reed doesn’t trust The Big 0 to not torpedo what few leaners they are currently winning with a harebrained appointment.

  • rsexteriors

    is way overstated (IMO). They can’t get anything through the Senate without 60 votes.

    Yes some of the Republican Rino’s are going to get booted and may decide to give the American People the middle finger as they leave, but this is going to be a HISTORIC election and is going to shake them to the core. The more moderate democrat and Liberal Republican’s that are not on the ballot this year, but must run in 2012 are not going to want to walk the plank with those that have walked the plank this election. I think they will be trying to show how conservative and moderate they are because challangers will pop up soon after this election.

    In 2012 the Tea Party will be able to field many more conservative candidates beause the Tea Party is now established and will be coming off a great victory.

  • Finrod

    They got the ability to head back to their respective states and campaign from now until November 2. Otherwise without a continuing resolution, the government would be shut down and Congress would have to stick around to get one passed.

  • msctex

    Such utter incompetence does not magically discover how to function, even with backs against the wall. They may try, but they will more than likely go out with a whimper. And I imagine the impending ream of subpoenas should be factored in as well.

  • bobojake
  • http://moelane.com/ Moe Lane

    …for a set period of time in order to be allowed to make a recess appointment. The arcana of it is not immediately to hand, but I understand that opening and closing Congress on Monday and Friday will keep resetting the clock.

  • lbjgal

    Democrats just want to save their jobs!

  • bk

    http://www.senate.gov/reference/resources/pdf/RS21308.pdf

    But since that’s not in black and white, Obama could take his chances and do it whenever he feels like. It would seem his power is unlimited unless the GOP is willing to resort to all-out war over it. The GOP always seems to chicken out, so Obama may go for it.

  • indyjohn

    He has spent his entire Presidency working against the best interests of his party. He convinced Democrat Senators and Congressman that if they voted for his program, they would be assured of victory. He guaranteed them that his economic program would be a total success. Their reaction? Like trailer-park floozies, these pathetic, gullible, bonehead Democrat losers fell on their backs for the sweet-talking Obama, and he ruined their lives. He sacrificed them on the altar of his overblown ego. They are doomed, and they know that it’s their own faults, for believing his empty promises.

  • Bill S

    I’ve been telling people this for weeks. The Senate will be a significant hurdle for getting anything thru lame duck. This particular incident Moe writes of just shows that McConnell still does possess a bit of backbone and would probably stand up to the Leftists when they try to pull a fast one.

  • deunique

    The Democrats are only trying to give the appearance of doing the right thing so people will not feel so badly toward them, and therein cut them some slack.

    So what did they actually give up? And what did they appear to give up? Be Aware that Democrats in Congress… not necessarily the rank and file… are a devious bunch. But the same thing can be said for some of the Ranking Republicans too. I hope the RepublicansT have learned their lesson that if they get the power back… they’d better do the right things with it. The Democrat are thinking: Fat Chance. The Republicans had better work fast and furious to make life right in America and that means going after Crimes and Corruption at all levels of government. If they don’t, the Tea Kettle will be spewing steam against them.

    Me thinks you are too joyful in your noise, and the joy is perhaps premature or over played.

    That is not to say that I’m not happy with their act… I am just leery that they may being giving cheep gifts they’ll take back soon enough if they stay in power; and hold the Republicans to if they lose power.

  • apen

    is no victory at all. The only thing that can come of this is to use it as a teaching tool so people understand how broken and untrustworthy congress, the courts and the presidency have become.

    The only legitimate purpose of a recess appointment is to fill a seat which if unfilled would endanger the nation. Thanks to years of perverted rulings by the courts, rule making by congress and the abuse of power by the executive we now have a slick path circumventing the public trust.

    If one examines the constitution he finds it to be intended for the public’s consumption and mean what it plainly says. Today, after years of maneuvering by the branches of government, the government will tell you that you are not able to understand that document and it no longer means what it says exactly. Right now the government is in breach of more than 14 things and has it’s paw in the proverbial monkey trap at this very moment having performed a violation so extreme it is possible, if a court were faithful, to charge almost the entire government with fraud or treason. I now understand the actions of king George and his aristocrats.

  • mirac777

    Many old guard Republicans still think they can hold their seats ( esp in Senate) with simple bluster that has no teeth. It is still obvious who the real fighting conservatives are in our governent today. Darell Issa is the first that comes to mind here. Boehner and McConnell seem to be too timid or too politically correct in their actions. Yes, they semi-powerless with the Dem Senate & House majority of today, yet I dont hear them saying a thing about actually putting fraudsters and criminals on trial and giving them hard time for their treason. Maybe that will change when repubs take over in 2011, but I,m not holding my breath.
    Put a few Anti-American socialists posing as Democrats in prison and fine them a few million . That would serve notice on the future fraudsters and lifelong manufactured politicians, that we mean business here in America and especially in Congress!

  • ariyosef

    BHO says “I know how to politic” ….

    Lest we forget the unprecidented voter frauds rampant across this ation.

    EVERY black, brown, and liberal precinct better be monitored.

    Dead men’s votes could still alter this election in favor of the CONTINUED corruption but on much larger scale. Who yet knows where billions have been invested on just such as Gangster Caddle, in Harris Co. Texas.
    Where thousands were illegally registered (and voted?)

    See a group called Houston Votes, a voter registration group headed by Sean Caddle.

    Don’t count on elections as usual next month!

    Be alert, be active, watch the polls.

    Ari Yosef

  • tonywarren

    Democrats know it. Republicans know it. This President don’t need no stinking appointees! He creates Czars with the stroke of a pen. Rules and regulations, in fact the Constitution means nothing to the Usurper in Chief. Nothing given and nothing gained.

  • http://ja-js.blogtownhall.com rmekrnl

    Interesting that while the Dems will still give Obama nominees softball vetting before confirming them, even the Dems seem to want to rein in this prez during a Congressional recess.

    What’s the point, however, when this prez just bypasses Congress anyway with his appointments of unvetted, unconfirmed czars and czarinas, many of whom have also just blown off Congressional requests to appear and testify on a range of subjects? Why? Because they work only for Obama, not the Congress and therefore not The People.

    One of the first agenda items if Republicans retake control of either, or both, Congressional houses should be the defunding of all czar offices and staffs, requiring all czars and czarinas to appear before and be properly vetted by the Congress. Lets see how smug and arrogant they all are then.

  • d4114j

    My mother and my wife are absolute Dems. I tried but there was no
    way to change them. Until, They saw on internet what a partial
    birth abortion is in detail. They hate the Dems now and will never vote for the Dems again. Talk to your family about this, find out
    what we’re doing to these helpless babies, Everyone of us is responsible
    and we will continue to pay until it stops.