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The Inconvenient Constitution

By: Senator Mike Lee (Diary) | January 31st, 2012 at 02:00 PM |

RESIZE: AAA

As a United States Senator, I have sworn an oath to support, defend, and bear true faith and allegiance to the Constitution of the United States. Complying with this Oath is not always convenient. Sometimes this requires voting against legislation that embodies policies I agree with, other times it requires taking a stand when doing so may not be popular.

The Constitution itself is not a document of convenience. It specifies an onerous process – bicameralism and presentment – with which the government must comply to enact legislation. And it imposes separation of government powers and a system of checks and balances between the different branches.

Among those checks and balances is the requirement that the President’s nominations of federal judges and executive officers receive the Advice and Consent of the Senate before they take office, unless they are nominated during a Senate recess.

Events of the last few weeks show just how inconvenient the Constitution can be for politicians who want to get their way at any cost. On January 4, 2012, President Obama attempted to bypass the Senate and unilaterally “recess appoint” those nominees even though the Senate was not in fact in recess.

These are brazen actions with real consequences. As a duly sworn United States Senator I feel duty bound to resist these actions, regardless of the difficulty.

In taking a stand against the President’s unconstitutional assertion of executive power, I have already been targeted by the President himself. In his weekly radio address, the President singled me out, suggesting that I am playing politics with the judicial nominations process.

The Constitution is not partisan. I will oppose any president, regardless of party, who attempts to ignore constitutional limits on executive power. The Senate has an important role in the appointment of federal judges and officers. All members of Congress should be deeply concerned when the executive encroaches on that constitutional function.

The President’s justifications for his appointments are troublingly hollow. The Department of Justice Office of Legal Counsel memorandum on which he relies passes straight over the plain text and original meaning of the Constitution and concludes that the President may determine for himself that the Senate’s pro-forma sessions do not count as sessions for purposes of the Constitution’s Recess Appointments Clause.

It seems as if the President’s response to the inconvenient Constitution is simply to interpret away its restrictions if he doesn’t like them.

I and members of Congress of both parties who care about the Constitution must take a stand. If, as a political branch, the legislature does not protect the Senate’s constitutional right to advise and consent to nominees, it may lose it forever. Doing so would have far-reaching implications for Democrats as well as Republicans.

I call on all Americans – Republicans, Democrats, Independents – to stand with me in defense of this blatant and egregious encroachment on our basic constitutional liberties.

COMMENTS

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jpshinn

What exactly are you going to do about it?

John

NeoKong

Talk is cheap.
Show us something.
creinstein

That is what I want to see come from this.

tngal

but given that he believes the constitution is “flawed” and some “living document” whose words can be bended to fit the miind of the reader, what can ordinary citizens hope to accomplish.

There have been blogs written, tweets sent, calls to congress regarding the appointments. We discovered two constants in his behavior and attitude – one, he doesn’t listen to us much. And two, he doesn’t know the phrase mea culpa.

poligu

I love Senator Lee, but he is misleading here. First, pro forma sessions were never intended for this purpose. They weren’t used for this purpose until 2007 when the Dems started it. The bottom line is that Senators were not present in DC to give advice and consent as they had gone home and left a place holder.

Second, the constitution gives the Senate the power to advise and consent. The founders never envisioned a scenario where a party that controlled only the House could affect appointments, recess or otherwise.

http://www.thepoliticalguide.com/Profiles/President/US/Barack_Obama/scandals/Recess_Appointments_during_Session/

n2sooners

Since the constitution doesn’t spell out what constitutes a recess, then it must be up the the senate to decide if it is in recess or not. It is definitely not up to the president to decide when the senate is in recess, or he could declare them in recess every time they go home at night. If the president feels the senate is abusing the constitution by staying in session, then he should take it up with the courts, he shouldn’t just abuse the constitution himself. This applies to both Bush and Obama.

Second, some of those appointees were only appointed right before the holidays. The democrats who control the senate didn’t even have time to schedule hearings for those appointees.

Senator Lee is right. As things stand today, unless the senate says it is in recess, then it isn’t in recess, and the appointment by the president is blatantly unconstitutional.
poligu

I understand what you are saying, but all of this could have been avoided if the House and Senate had agreed to actually put their money where their mouth is and remain in Washington over the break.

The Senate was not present during that time to give its consent. No rule can change that fact. I totally understand what people are saying about the president not being able to decide when the Senate is in session or in recess. However, the Senate cannot simply assert that it is present and available when it is obvious that they are not.
streiff

which is beclowning yourself.

I refer you to Article I Section 5.

1. Each house can make its own rules so the Senate can assert it is open for business if it wants to.

2. Those are not even the facts in the case. The Senate wanted to recess but the House refused. As the longest recess possible without the consent of both Houses is 3 days, by definition the Senate was not in recess.

That is in the Constitution. Look it up.
poligu

What aren’t the facts in the case? The legal paper used to justify the appointments clearly asserts that the Senate could not by rule unilaterally prevent the President from exercising his authority to make temporary appointments by declaring itself in session when, in practice, it is not available to provide advice and consent.
stumpy

the two month payroll extension in a pro forma session. Now it is not good enough to be considered in session, but you can pass legislation in one? It either is or it isn’t.

The Constitution gives each House of Congress the right to set their own rules. Only they can decide what is and is not in session. Obama didn’t like it, so he ignored it. Who he appointed and why is irrelevant to the arguement. It doesn matter if he appointed Jim DeMint to something, it is wrong.
poligu

The motion to adjourn for recess and to start the successive pro-forma sessions was given on Dec 17 and the vote on the payroll tax was on the 20th.

The adjournment order is embedded in the link I posted above. I believe that Obama waited until Jan 3rd to make the appointment because the motion states that the 2012 pro-forma sessions are to have no business conducted. The 2011 pro-forma sessions do not make this distinction.

The fact that the 2012 pro-forma sessions were expressly stated to have no work conducted within them was big in the legal paper.
http://uslibertyjournal.blogspot.com/ Daezy

Except for a precious few, such as Senators Lee, DeMint, Rubio, and Ron Johnson. With more and more elections, I pray we can weed out the Snowes, Collins, Scott Browns and all the other statists in sheep’s clothing.

Senator Lee, please keep up the good fight. It’s what America is all about, and she needs you now, more than ever.
Risky

I can’t imagine too many people thing that all the processes of the senate are a thing of beauty, but if he wants to change it, the President can propose an amendment to the constitution and see where he gets. Attempting to change it by doing what you want and seeing what sticks on appeal sounds like a lawyers approach…..
streiff

1. Even if what you say is true it is irrelevant as no act by one Congress can bind another Congress. The Constitution clearly gives each house of Congress the right to make its own rules. Nowhere does it give the president the power to say the rules are wrong.

2. You weren’t alive in 1787 so it is pretty difficult to convince me that you have the vaguest idea what the founders meant, especially as the founders were not even in agreement on what the Constitution meant: to wit the Federalist and Anti-Federalist papers. Personally I think you’d be on safe ground stating the Jefferson and his Anti Federalists would be tickled pink at the House preventing executive overreach.

btw what a juvenile site you’re flogging.
poligu

I guess that there’s a first time for everything.

Article 2, section 2, clause 2 gives the senate the power to advise and consent the president. While the house and senate are given the power to create their own rules, they cannot create a rule the overrides the law. Thus creating a rule in the house that changes the effect of the law with relation to the senate and appointments is wrong. That was the determination of the Bush department justices which the Obama people later cited.

Still, I doubt that the Obama administration would have even attempted the appointments had the Senate actually been present in DC.

Wow, I just read your little dig at my site. Mature method of discussion you got there. Do you always insult people when making arguments or only in anonymous forums?

I see by your profile that you are a Gingrich man. That must be why you view the site as “juvenile.” Is that because you read the write on Gingrich and health care and realized that he supported mandates as late as 2011? Or perhaps it was the energy and environment writeup that show that he supported cap and trade just a few years ago. Maybe it was the writeup for his lobbying history or his one on marital infidelity?
http://www.hakubi.us/ Neil Stevens

,
poligu

.
runner12

We need more Senators who will take a stand like you have. Moreover, we need such a Senator as the Senate Leader instead of the current squish we have now on the GOP side.

Hopefully we can send more Conservatives to the Senate to help make that a reality.

Doesn’t Sen. Majority Leader DeMint have a nice ring to it?

Thank you for taking a stand, Senator. Wear it as a badge of honor that Obama singled you out for attack.
rightkindofred

Gingrich, because he is the furthest thing from conservative of any of the Republican candidates.

Auster explains this better than anyone else:

http://www.amnation.com/vfr/archives/021106.html
scmom

The constitutional provision for recess appointments is clear, and the reasons for that were and are still appropriate. The definition of recess was co-opted by some lawyer looking for a loophole so that the powers that be at that time could get their way. These facts are pretty straighforward. (name calling and finger pointing do not change the facts here)

The issue is this: The constitution was written by men who expected that future users of the document and leaders of this country would make sure the best interests of the country were put ahead of any other reasons for a decision. THIS IS NO LONGER THE CASE.
streiff

Your entire first paragraph is just gibberish. What “law” is being overidden? None. Other than what you are making up.

You inability to read obviously extends much farther than the Constitution. Why don’t you read this http://www.redstate.com/dan_mclaughlin/2011/12/19/dont-settle-rick-perry-for-president/

I’m only going to say this once and you can take it or leave it depending on the evolutionary strategy you choose.

Don’t come on this site slinging bullcrap when you obviously don’t know what you are talking about. You don’t know the history of recess appointments and obviously haven’t bothered to read the US Constitution. Why you’d come here and try to lecture people on the subjects is beyond me.

Second. if you want to criticize my positions, fine. I don’t care because I don’t respect you. But if you are going to criticize me, don’t ascribe positions to me that aren’t mine. I don’t like it.
sharrondeer

…is a 1905 report of the Senate Judiciary Committee that had been asked to examine the meaning of the term “recess”. This report which is still considered authoritative. The report concluded:

“It was evidently intended by the framers of the Constitution that it [Article II, sec. 2] should mean something real, not something imaginary; something actual, not something fictitious. They used the word as the mass of mankind then understood it and now understand it. It means, in our judgment, in this connection the period of time when the Senate is not sitting in regular or extraordinary session as a branch of the Congress or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its chamber is empty; when, because of its absence, it can not receive communications from the President or participate as a body in making appointments…. This is essentially a proviso to the provision relative to appointments by and with the advice and consent of the Senate. It was carefully devised so as to accomplish the purpose in view, without in the slightest degree changing the policy of the Constitution, that such appointments are only to be made with the participation of the Senate. Its sole purpose was to render it certain that at all times there should be, whether the Senate was in session or not, an officer for every office, entitled to discharge the duties thereof.”

Pro forma sessions are clearly fictitious under this report as well as a CRS report from 2005 which references it. You can read it at http://fpc.state.gov/documents/organization/50801.pdf
poligu

I remember that Congress has to be back by Jan 3, and they use pro-forma sessions to make up the time between then and the time that they actually decide to come back.

By fictitious, do you mean that they aren’t even valid for this purpose? Is there a valid purpose, and they were misused here, or are they totally horse excrement?
scmom

The problem is not how we got here, but what we do to fix it. If we can’t find some people of integrity and loyalty to this country, we can’t get it back on track. If Senator Lee and his fellow men of principle can do something to fix the problem, then lets get behind them. If this is just noisy rhetoric, then it is a waste of our time.

We are spending entirely too much time and energy in this country chasing down each and every percieved error or slight. Our purpose and focus needs to be on the prize! Defeating Obama and getting our country back to a Democratic Republic, instead of a Socialist Democracy. We are letting the Liberals throw us bones to fight over and chewing each other up while they laugh at us and continue their march into the Pit.

Stop with the name calling and nit picking! We have more important work to do!
funwithknives

but the words “Democratic”, or “Democracy” are nowhere to be found in the Constitution. If you find em’, call me. I’ll be there, and will take my medicine.
We are and have always been : ” A Constitutionally-Limited Republic”.
Freedom and Liberty, to you and yours. F W K , Farmington, Mich.
poligu

Also, I haven’t read that report yet, but do you know if pro-forma sessions were around before it was written?
gbenton

a complaint lapdog media?

a thorough brainwashing system from K-12 and advanced propaganda through ‘higher education’?

a mass entertainment media filled with anti-Conservative content?

a welfare state buying off votes?

a pro illegal immigration agenda to stuff more dependent voters on the welfare state?

a party committed to destroy our Constitutional Republic from within using the aforementioned factors?

Face it, the GOP is fighting with one arm tied behind our backs as it is…

Given the wave of 2010, it’s fair to argue that the GOP would control the Senate had more Democrats been up for re-election, so I don’t find your one party obstructionist argument compelling.

The Democrats will DEEM legislation passed. They’ll attempt to recall governors, flee votes to block majorities in Wisconsin, for example. Remember that.

The GOP needs to fight fire with fire, IMHO and stop playing by gentlemen’s rules when the left views the Constitution as a temporary impediment to their fundamental transformation.

These are NOT normal times, bipartisanship is null and void when dealing with liars bent on dismantling our liberties permanently.
poligu

I agree with what you said, but we have to be better at picking which fights to fight. Trying to convince people that immigration laws are valid and should be enforced is a worthwhile fight. Ending the welfare state is a valid fight. Pursuing fast and furious is a valid fight.

I just don’t think that we lend credence to a conservative fight by vigorously pursuing scandals on technical definitions of recess and pro forma sessions.
gbenton

misdemeanor, sure, and thus talk of impeachment is silly.

But for Senator Lee and the GOP to call out the bogus recess appointment and the overreach is vital because this President relies on an ever loosening of our grip on Constitutional arguments and is incrementally stepping up the push to expand the executive branch because that is what he controls.

If in November 2012 the public at large has a sense that things aren’t going well and the guy in the White House is a power hungry incompetent empty suit Marxist, that will help elect our nominee – and in the current field, I’ll take all the help we can get.

I will say that if Senator Lee is going to try to block any and all appointments this year, regardless of merit, that would likely backfire and feed the President’s meme that the GOP is trying to obstruct.

But shining a spotlight on this overreach is I believe, essential as long as it doesn’t spin into talk of impeachment.
sharrondeer

What was bogus, by the Senate’s own definition, was the Senate being in session. (It was bogus when Harry Reid did it also.) The rule, which is unchanged, is:

“[Recess] means, in our judgment, in this connection the period of time when the Senate is not sitting in regular or extraordinary session as a branch of the Congress or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its chamber is empty; when, because of its absence, it can not receive communications from the President or participate as a body in making appointments.”

The Republicans should have had the guts to stay in session if they wanted to prevent recess appointments. This “Pro form” stuff is bull.

brojohn2

“I completely agree with what you said, but wonder what you plan to do about this egregious usurpation of power by the President. Have you begun discussion in regard to possible action by the house for impeachment? Are you going to file suit with the other branch of government namely the Supreme Court?
I am sure there are others who would be with you, but are looking for a leader, you can be that leader Senator. Strong words demand strong action.

Chair, Republican Party
Kinney County TX.”

Probably won’t be read by him because I am not a voter in his state but thought I would try anyway.

scmom

Please let us know how he replies to this! It is a good beginning, if he will follow through and DO SOMETHING!
http://uslibertyjournal.blogspot.com/ Daezy

Someone must make a stand. There has been empty words, or none at all. This assault must stop, or we lose the foundation carefully laid out by our Founding Fathers, who knew from whence they spoke.

Michael Dugas

Hah…man that’s funny. That would require a spine attached to a brain and the ability and desire to fight this administration. None…I repeat NOT ONE of these things is possessed by Boehner or McConnell. Neither one of them have the gumption, nor I believe the desire, to do anything but whine and complain time after time when Obama hands them back their so-called negotiated successes. They have zero skill using any of the parliamentary tactics available to them to hold up, stall and/or defeat Obama’s destructive plans.
Our form of government, its constitution and our country itself are being attacked, violated and damaged daily by this administration of criminals and there are very few Representatives standing up and doing anything more than crying foul. I pray daily they smarten up quickly before this ship runs aground and can’t be turned around!

rattlerjake

The GOP is nothing more than a bunch of spineless whimps. Sadly, the ship has already run aground. When you consider that the evidence so far presented regarding Obuthead’s documents, he should already be in jail; it’s far more than enough to put any other citizen in jail. But instead, anything done or said eventually will be apologized for, and I’m tired of hearing these politicians apologizing for saying something that needs to be said and is fact, whether it is about color, race, religion, gender, or other.

funwithknives

as an example. The signed/approved bill clearly spells out that * The Senate*, gets to confirm/deny this appointment. No exemption or other means is written into the bill. { as-written and approved.}
SO, where is the Clarion Call for Fealty to Law and Order from our Illustrious Conservative Senate? For that matter, where is the outrage that Barry, Holder and U. S. Justice sets Recess policy rules in Congress?
Does a hardy species of invertebrates now inhabit the halls of The House and Senate? Is a 13% approval rate actually TOO HIGH a number?
whitehorse1

I’m in agreement with Mr McClanahan’s concerns as to the powers the President’s have abused. Especially the present acting president, his actions have caused me great concern from his initial running for office to present day. We as natives of this country should keep the man in prayer concerning his actions and other issues of his life etc. In fact the elected officials should be the Trumps and Peroes of our society (Run the government as a business which it has become instead of an enitiy that doesn’t even have an agenda to correct itself) to correctly run the show.

lightspeed

Sen. Lee has stated that he will go it alone, if need be, and block any and all Obama nominees this year.

melbedewy

That should be done but that is NOT in his post.

rightkindofred

…by the “recess appointments,” but just as much disturbed by Senate Republicans’ intransigent refusal to confirm or reject the President’s nominee.

The CFPB is a statutorily-authorized Federal agency. If it is alleged that the legislation which established said agency is unconstitutional, then redress lies in the courts, not in a guerrilla warfare campaign in the Senate.

While a President is not entitled to have his nominee rubber-stamped, one knows that during Democratic administrations, such nominees will be Democrats, and during Republican administrations, they will be Republicans. Cordray is a milquetoast liberal (albeit a brilliant one-he was a multiple Jeopardy champion and editor-in-chief of the U. of Chicago Law Review) with no history of malfeasance or misfeasance in office, and he should’ve been confirmed summarily.

I know that the Dems have been guilty of obstructionist tactics in the past, but two wrongs don’t make a right. This is the sort of nonsense that threatens a constitutional crisis.

lightspeed

is that the Congress was NOT in recess. In fact, laws were passed during that time. It was a violation of the Constitution. The legislative branch has every right to confront the President on this issue, even if it is a single legislator, in this case Sen. Mike Lee. If the President is allowed to get away with this (as he mostly already has), it gives him the power to appoint anyone, at any time, without Constitutional mandated Congressional oversight whenever he “deems” Congress to be in recess. This is a direct attack on the foundation of our Republic, albeit incremental. It must not be allowed to stand.
streiff

1. The issue of the CFPB is a sideshow. Despite your man-crush on Cordray and the sleek crease in his pants it has nothing to do with the issue. Several other appointments were made at the same time.

2. There has been no “intransigent refusal” to “confirm or reject” nominees. To say that marks you as a ridiculous person.
rightkindofred

…please help keep the discourse on this site out of the gutter.

As to your substantive point, how do you explain this: “Though lawmakers from both parties have praised his experience and qualifications, Senate Republicans have vowed to block any nominee unless structural changes are made to the bureau.”

http://www.washingtonpost.com/business/economy/state-attorneys-general-push-for-cordray-to-lead-federal-consumer-agency/2011/10/18/gIQAcFNnvL_story.html

I argue that a blanket refusal to approve any nominee (I wonder: what if Obama nominated a Republican for the job…) is an abuse of the Senate’s advice and consent power on a par with Obama’s shaky exercise of his recess appointment power. This has been a problem for some in the Senate, under both parties, and it needs to stop. The people are entitled to see that important positions (which any position subject to Senate confirmation is) are filled promptly. If the public doesn’t like the results, I hear that we’re having an election later this year.
YnotNOW

You think that because the position of CFPB Chairman is authorized by statue, that the Senate must shut up and go along with filling it. That is NOWHERE NEAR TRUE. The Congress (of which the Senate is 1/2) controls the government via the legislative process and the appropriations process. When they pass a law, and the Administration implements it in a way that is not according to the intent of their legislation, the Senate has the full right and RESPONSIBLITY to reign in the abuses via legislation, appropriation, and other “advise and consent” powers, until the law is enforced as intended.

Anything less is abdication of their Constitutional responsiblity.
gbenton

from the context in the Founders time.

Back then Congress critters were not able to hop on a plane at will. There was a reason for recess appointments that is being twisted and should be resisted.

Obama has used recess appointments without an actual recess, which is even worse than simply using any recess to sneak in creeps he couldn’t get approved in regular session.

Elections DO have consequences and the composition of the House and Senate is a response to the insane power grab Obama played in his first two years. It can be argued that the people WANT the opposition to OPPOSE by any and all Constitutional means.
rattlerjake

N/T
funwithknives

my friend. There were objectionable parts in the finance bill the conservatives wanted to address. No one was listenin’, and they used the tools they had. Being in an unlistened-to Minority, (as has been proven time and again,in The Senate these past 3.0 years) how else do you show you don’t agree and want further review ?
If this brings on a Constitutional Crisis {that is surely going to come, sooner than later, and BHO is a Primary Reason} I for one, am all for it. Bring on that sucker!
Where did I hear this phrase? :…No One is above The Law !…” (I’ve heard it a time or two ,haven’t you?)

mkozikowski

There is little that any one Senator can do. There is a Team of center RINO Weenies which don’t believe, truly in their hearts, that the Constitution and the powers if bestows upon the Government entities, as well as the States and the People, has any power.

There is an overpowering aura of Apathy emanating from the “Republican” party in Government.

Whereas, the drive of Socialism NEVER Sleeps, the bastions of Individual Rights and Freedom tends to take a nap every now and then.

I believe it is time to put the present Republican leaders to pasture. We need representatives for the People and the States that truly desire to keep this once GREAT Country alive.

funwithknives

Is it CopyWrited??
myron_j_poltroonian

.
myron_j_poltroonian

Every time I receive yet another fund raising letter (disguised as a “Questionnaire” or “Poll” from Boehner or the RNC, I dutifully fill it out, complete with marginal notes and clarifications, and then tape two pennies to it and send it back in their postage paid envelope. You’d a’thunk they’ a’got the idea by now. “But, Noooo … .”

surfcitysocal

…for the President to go out of his way to single you out. Consider it an honor!

aesthete

“The Inconvenient Constitution” could be the title to a catalog of the most severe moral failings that the federal government has perpetrated, IMO.

http://pocketchangeproductions.net/ anotherindyfilmguy

How about defunding the executive branch’s funds until next year?

Personally I think there’s plenty the O could be impeached on. In my opinion the narrative of racism has been long overplayed out regarding the current POTUS for anyone not a kool-aid drinker for anything and everything leftist.

“Let’s make a stand” is nice platitude. I’d rather see the O either impeached or rendered a lame duck instead of the R’s taking another sucker run after sucker run at Lucy’s football.

paulnashtn

When will Articles Of Impeachment be offered?

streiff

is nearly equal to birtherism in its sheer ridiculousness.

Risky

Indeed.

Why bother opposing him on the basis of his poor policy choices when you could give him as boost by threatening to impeach him weekly until his poll ratings go up?

Darin_H

and that as a Senator, Mike Lee is in, you know, the Senate?

http://www.hakubi.us/ Neil Stevens

Not everyone actually READS the Constitution. You know, it’s over 100 years old.

gbenton

Trying to Impeach Clinton was a blunder of epic proportions that played into the media’s narrative of the GOP.

Optics: majority WHITE GOP impeach first black president… right. It will be positioned as a legal lynching.

Nevermind the fact that, as with Clinton, there isn’t really anything that would likely stick – since there is nothing in Solyndra, Fast and Furious, etc., that directly ties the president.

Impeachment over a recess appointment ain’t gonna fly, sorry.

Obama must be defeated in the war of ideas… he should go down according to ‘it’s the socialism stupid’ so that the defeat strikes a blow to the heart of the problem and not to the pawn of the left’s agenda.

deVere

Holding up other unrelated appointments just makes Obama look justified in his illegal “recess” appointments.
carolina

I’ve read that the NLRB appointments have been taken to court. I don’t know about the consumer financial appointment, which should be even easier to contest based on the language in the legislation.

There should be something that Congress can do to over-rule an out of bounds President, only the dem Senate will never allow it to pass. The dems have started acting more and more like their union THUG supporters all of the time. Surely the people will revolt and throw them out in 2012!

msherf

the very day after he made the “recess” appointments. The President’s arrogance astounds me. One of my Senators is a Democrat – Claire McCaskill – and definitely one of his pals. However, in good conscience and in light of the egregious and unconstitutional overreach by Obama, she should (but won’t) work to reprimand him and/or overturn anything he does.

anjinconsulting

“I and members of Congress of both parties who care about the Constitution must take a stand. If, as a political branch, the legislature does not protect the Senate

rattlerjake

is what I read. These politicians will say anything to make us believe they are really trying to do the right thing, without doing anything.Totally agree with you anjinconsulting.
christiandystopian

Well said. What IS your record Senator? Do you Walk the Walk?

znjs

Then what?

I completely agree – if Congress doesn’t react in any way to this power grab by the president if will have long term negative impacts for everyone. But looking at what they’ve done during previous power grabs makes me think they’ll continue to complain and whine all while not doing anything concrete that will prevent them from doing the same thing when their team has the WH.
gs425

I and members of Congress of both parties who care about the Constitution must take a stand.

WTF are you waiting for? It has been a month since this usurper made this power grab ans all I have seen is a blog post about it.

DO SOMETHING.

funwithknives

Oh, new Friend O Mine.
In Yiddishe, altogether: *VATS THE DEAL??*

conservnca

I am grateful that you are at least willing to try to protect our freedoms.obama’s administration is getting more and more fearless. They are not worried about any blow back of their actions. We as Americans are being shown every day those whom we have elected to protect us from dictators are not doing their job. The obama administration is nothing more than a group of bullies who use fear and intimidation to get away with breaking the law. We can’t rely on anyone but “We The People” to start righting the wrongs being forced on us by this white house.
Which brings me to the question I have for you.How do we as citizens fight back? We’ve learned it’s not in who we elect to correct this because we tried that and it is only getting worse.The only time I have seen Washington flinch is when The Tea Party came together as a force to stop this hostile takeover.
Since you are in the minority of wanting to protect our Constitution there probably isn’t much you can do.Instead of trying to fight alone and take on this power monster why don’t you use resources at your disposal to help us to fight. Use this site(and others, like free republic) to relay messages to us, of petitions we can circulate, give us the names in every state of those who we can work with in our state legislators to stop this lawlessness. Those elected officials who feel helpless to do anything either and would work with us at the state level to have our voices make a difference. If we have learned nothing else in the last 3 years it is that we can’t count on the government for anything anymore except to take away our rights as citizens.
Use conservative talk radio to get the message out of how we can apply pressure. There are so many small local radio stations that people listen to because frankly a lot of us are losing faith in the bigger programs.These smaller stations keep the people informed on what is going on at the local level. Go on some of those and speak directly to the listeners.You have a microphone, we don’t.But you can show us how to get one of our own. Get in touch with Rick Perry and other Governors who will fight for states rights and will actively campaign for their citizens to join them. Contact website creators and ask if you use their forums to post regular updates on Washington and how we can stand against whatever is the newest destruction coming our way.
I know this might sound a little naive or crazy but if we the citizens of this country will get empowered through the guidance of our state elected officials who are fed up with the corruption also, it might not matter who is in the white house. If we take the power back and have it placed where it originally belongs, with us,those in Washington will start to understand that if they try to use their power and authority to usurp our laws and the Constitution they will have such a fight on their hands and that they instead will be the ones intimidated.
Lastly and most importantly we need to ask The Same God who founded this country to show the world His Goodness,His Love, His Mercy and His Power, to help us by shining His Light on things hidden and then give us courage and inspiration on how to battle this plague.
p.s. create a list of those elected officials by state of whom we can contact to start pushing back and then post it everywhere you can. Thank you for taking your elected position seriously.

bobguzzardi

It is up to us, not the Senator, to make the case for the Constitution.

rattlerjake

Senators and Congressmen are elected to be OUR VOICE. The problem is that they say and do what is necessary to get elected and then do their own bidding in Washington. If there was a single Senator or Congressman in Washington that believed in and upheld the Constitution how is it that Obuthead is still in office or even got into office, for that matter? It has been “proven” that his documents are fraudulent (the evidence so far presented to the public would be 200% more than necessary to convict anyone in a court of law), but he has taken office and run amuck for three years, and Georgia is the only state that has initiated action to keep him off the ballot for 2012. Additionally, we have Romney, who floods the media with ads about Newt that are proven lies, in the name of getting votes, and not even the law prevents it. We have politicians and Obuthead claiming the unemployment rate is around 9%, when that number only includes those people that are receiving unemployment benefits and not those that no longer qualify for benefits and are still unemployed. Washington is nothing but a lie and it will take a civil war to end the tyranny.

lightspeed

I only wish that more of your collaegues would do the same. The Constitution is the bedrock of our American society and Obama and liberals are slowly chipping away at it and will eventually destroy it altogther unless men and women like you stand up to defend it. I salute you, sir. God bless America.

anjinconsulting

N/T

gbenton

but Senator Lee is not one of the transgressors in the GOP Senate. If your comment was directed at McConnel, McCain, Graham,, Snowe, etc., that would be another thing. But Senator Lee is one of the good guys.

speckk

Senator Lee has declared that going forward he will make all presidential appointments difficult. Obama told off Lee in his weekly address, reinforcing his “don’t blame me!” I had a “Do-nothing-congress” campaign slogan. In a battle of wills, the media’s Chosen One will have a bigger media megaphone and the inconvenient constitution will still be ignored.

Fortunately it appears Senator Lee has recognized how weak his hand is and his declaration to make appointments more difficult can be best played with short delays and continual reminders the president is riding roughshod over the constitution (just like most everyone in DC).

Reid happily threw away the senates ability to stand up to the presidents unconstitutional action, reinforcing the political battle lines. The best way to throw out the unconfirmed appointments is to actually recess congress. Article 2.2 says the appointments expire at the end of the session. Anyone know what other vacancies BHO might fill if both houses agreed to recess for a long weekend?

brojohn2

The President claims that his appointment of Richard Cordray, was never brought before the Senate, but he forgets that it was blocked by a procedural vote in the Senate on Dec. 8th. The President acted in contravention of the consent of the Senate as well as ignoring the Pro Forma actions of the Senate to forestall such appointments. When Harry Reid and the Democrats used this procedure to block President Bush, he recognized the Pro Forma sessions and did not try to circumvent them. Yet here is President Obama, claiming power he does not have and appointing people who have never come before the Senate and one who has and was rejected by the Senate. I don’t know if this is a “High Crime” or not, but it really is something that needs to be fought. There is a Court Case in progress let us see what happens.

ihateliberals

your article is just more Political double talk and so far I haven’t seen nor heard of any action the congress is taking to stop Obama. When we let the DOJ decide what is and isn’t constitutional we even take the Supreme Court out of the deal. Everyday we seem to get closer and closer to the Hugo Chavez approach to government. Hack away at it until that pesty constitution goes away.

rattlerjake

Like Hell! The damage they’ve done has been in the last 50 years (or less) alone. And it is not just Washington and the Constitution, it extends all the way down to the city level, with more and more laws preventing citizens from the freedoms of what color to paint their house, or when they can mow their lawn, or being able to work on a derelict vehicle in their driveway. We are being forced to conform to the perfect community syndrome and the perfect citizen syndrome. Eventually this country will be the most boring place on earth!
SpiderMike

Obama is supposedly a Constitutional “scholar”. He studied our Constitution in order to destroy it, and he is succeeding. Click on the attached link to get a glimpse of what Obama thinks about our Constitution.
http://www.youtube.com/watch?v=L3DrrwtqPt0

DVPTEXFLA

Obama don’t need no stinkin constitution. It is OLD. Obama is smart enough to know that the House and Senate really really meant to be in recess.

Of course the Senate is required to pass a budget and some how the Republicans in the House and Senate managed to go meekly into the night instead of getting along to go along, and some sort of spending authorization was passed.
gbenton

I want to thank you for your outspoken fight in the Senate during the Debt cieling fight – and for your post here today among everything else that you do.

You raise a bipartisan issue – may enough Democrats support you if only for fear of the next Republican president if they lack the moral fiber to do so otherwise.

May you be an inspiration to the other GOP senators, especially the leadership, who sorely could use your courage and principle.

thosjefferson

Where are the other GOP Senators on this? Mike Lee shouldn’t have to carry the torch by himself.

And the House ought to start impeachment if Obama doesn’t change his mind on this issue. We know the Senate’s not going to pass any significant House legislation anyway. Might as well put an end to Obama’s disregard of the Constitution and let the American people weigh in on this.

gbenton

for sure. I’ve come to not expect much from the current crop, but Mike Lee IS taking the stand and that’s why we need to field more like him to replace the current leadership of fools.

As for the impeachment, this is not that hill to die on. The same senate you just berated are the ones who would have to concur with a House initiated impeachment. Do you really see McConnell and crew doing that? Really? Especially with Reid in charge?

So the reality is, even if this recess appointment kerfuffle were serious enough on their own to bring such charges, which I don’t believe the public will get behind, the best thing we could do for Obama 2012 is to have a botched impeachment attempt.

Then he can not only spin the ‘do nothing congress’ out of whole cloth, he can make charges of racism, the 1% out to get him, and all that.

Legislative lynching… that is how it would be spun. Count on it.

Now, IF Fast and Furious or something like that gets directly linked to Obama in a provable way… then the public would be demanding impeachment because people DIED.

But not over something that even legal scholars are having a hard time agreeing upon… that will bore the public and make a mockery of the GOP
Justin Spagnolo (standardcandle)

I think you ought to come here more often. I’ve always been amazed at how engaged you are with your constituents in new media via Facebook and Twitter.

I appreciate your commitment to holding Obama accountable in your sphere of influence…

I think a big problem we face in conservatism is helping activists to understand the “therefore what?” that was alluded to previously.

Clearly we as activists need to spread the word regarding Obama’s overreach here. We also need to know which of your colleagues we need to call, and remind to stand with you… It’d be nice to know we’re not just holding Obama accountable, but that we’re getting others to become accountable to fighting unconstitutional actions.

christiandystopian

I am really interested about how many votes & statements you made regarding the Dick & W. Show.

sharrondeer

A 1905 report of the Senate Judiciary Committee said:

“It was evidently intended by the framers of the Constitution that it [Article II, sec. 2] should mean something real, not something imaginary; something actual, not something fictitious. They used the word as the mass of mankind then understood it and now understand it. It means, in our judgment, in this connection the period of time when the Senate is not sitting in regular or extraordinary session as a branch of the Congress or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its chamber is empty; when, because of its absence, it can not receive communications from the President or participate as a body in making appointments…. This is essentially a proviso to the provision relative to appointments by and with the advice and consent of the Senate. It was carefully devised so as to accomplish the purpose in view, without in the slightest degree changing the policy of the Constitution, that such appointments are only to be made with the participation of the Senate. Its sole purpose was to render it certain that at all times there should be, whether the Senate was in session or not, an officer for every office, entitled to discharge the duties thereof.”

The Senate was in a fictitious session. It could not “receive communications from the President or participate as a body in making appointments” when the recess appointment was made. It would have been constitutional for Bush to make appoints during the pro forma sessions that Harry Reid held just as it is for Obama.

jakeofalltrades

which was withheld in this case. The Senate was not in legal recess.

carolina

I’ve read that the NLRB appointments have been taken to court. I don’t know about the consumer financial appointment, which should be even easier to contest based on the language in the legislation.

There should be something that Congress can do to over-rule an out of bounds President, only the dem Senate will never allow it to pass. The dems have started acting more and more like their union THUG supporters all of the time. Surely the people will revolt and throw them out in 2012!
jerbeetwo

Of Republicans being all show and no go. Well actually, they aren’t even showing much these days.

http://www.redstate.com/wp-admin/user/profile.php docfreeman

Why did he not say he was going to start impeachment proceeding against Obama? After all the under handed tricks that BHO has pulled I would say there is more than enough to impeach him. Starting with:
*ineligibility
* Not honoring his oath of office to defend and up hold our Constitution
* Not requiring Eric Holder to prosecute the NBPP for voter intimidation
*Continuing to give money to ACORN
* Permitting Eric Holder to sue the state of AZ when they try to defend themselves. Look up Article IV Section 4 of the Constitution of the United States of America. This covers invasion of illegal aliens and proves Holder and Janet Napolitano are not upholding their oaths of office.
*Refusing to uphold the Marriage Act
* Obama violated our Constitution by not getting Congressional authority to launch war against Quaddafi
* The Obama Administration today announced a virtual amnesty-by-decree for hundreds of thousands of illegal aliens, whose deportations will be

sophillyjimmy

When Germany wanted to overthrow it’s Chancellor Hitler sent out his black shirts and completely bypassed the laws that the German government enacted to prevent such a thing from happening, and we all know now how that turned out.
Obama bypassing the Constitution so he could put his appointments in office is the same thing that happened in Germany pre WW2.
If We The People are so ignorant to see what is happening under our current Administration, where will it stop, the Constitution will not be worth the paper is was written on and what we call the President of the United States will become the Dictator And Chief, marshal law will be his order and the government as we knew it will collapse.
It is up to We The People to prevent this from happening since our government officials are either afraid of this “War Lord” or they are closing a blind eye since they are part of the conspiracy to overthrow out way of government.
If this man is voted in for a second term, in 5 years we won’t be voting anymore, we will be just another country such as Kenya, pre war Germany of any other country ran by a dictator.
Wake up America, time is running out, it is obvious that a new world order is in the plans with the likes of Obama, George Soros and the rest of these radicals picking off one Constitutional Right at a time.
http://www.RayJuniorShow.com/ rayjuniorshow

“I call on all Americans
The_Gadfly

Dear Sir,

With all due respect, I must agree with the first poster and the first reply to his post: talk is cheap and inciting the base is not opposing what you have clearly stated is an unconstitutional act. Apparently according to some obscure judicial ruling that makes no sense whatsoever to me, I do not have standing to bring my complaint before the courts. You do. If you don’t take that action, you are as worthless as the functionary who wrote the excuse Obama used to make the appointments.

Thank-you.
paco12348

Our Congress has been neutered ! They did it to themselves by not standing up for the Constitution and for not holding to the Oath they took to protect the Constitution. There should be a punishment for Oathbrakers but there are none.
BTW, what did Congress do when McCain had to prove he was a US Citizen but Obama did not? Why didn’t the Republicans make Obama prove it? Did they already know he couldn’t? Were they afraid to push it? Why?
Why haven’t the Republicans held Obama’s feet to the fire for the many times he’s gone around the Constitution? I guess if one is neutered they might as well leave office. No sense in drawing a salary for being a coward and breaking your Oath to protect the Constitution.

jakeofalltrades

despondent1

If the Republicans in the Senate had any real intent to put an end to Obama’s assault on the constitution, they would filibuster every single piece of legislation until these illegal recess appointments were rescinded. Not one single thing would be done until Obama was made to back off.

However, the truth is, Mitch McConnell is on the same page as Obama. While the Republicans act outraged and blow smoke up our back-sides, they do not exercise the power that they have to stop the raid on our freedom. It’s clear that they are all in the same camp.

Be afraid. Be very worried. Make preparation for the day when anarchy strikes. It cannot be far off!
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