There’s something called “advise and consent.” Every Congress has had that – until the age of Obama. If Obama wins on this, there will no longer be such a thing. No president will ever again have to bother to present his nominees to the people and their elected representatives; rather, he will simply wait until recess and appoint the people he wants. He can appoint anyone, no matter how extreme or how out-of-step with the American people those “appointees” (they won’t be “nominees” because the president will merely appoint them) ever again.
The Senate has been meeting every three days to prevent Obama from doing the very thing he did. Three days kept the Senate officially in Senate by the Senate’s own rules; rules which DEMOCRATS created, for what that’s worth. And now the rule of law is simply meaningless because we have a fascist-in-chief ruling over us.
It is the act of a true fascist dictator and the result of a true fascist party.
But Politico has a decent article on the subject, too:
Obama recess appointment power is murky
By MANU RAJU and SCOTT WONG | 1/4/12 5:54 PM EST
What happens when the president makes a recess appointment when the Senate is not technically on recess?
But President Barack Obama’s decision to jam the Senate and install three labor nominees and a consumer watchdog without a confirmation vote raises unsettled legal questions that could have a long-lasting impact past his presidency.
“This is not a nice, clear-cut area at all,” said Robert Dove, a former Senate parliamentarian, when asked about the implications of the president’s move.
Legal experts said Wednesday that there was no precedent for such recess appointments and that it would likely be put to the test in the courts by industry groups seeking to challenge regulations issued by the new Consumer Financial Protection Bureau, whose new head, Richard Cordray, received an appointment even though the chamber was technically in session every few days.
Obama, they said, had effectively reasserted the power of the executive branch in the ongoing confirmation battles over the president’s nominees that have been dominated by the Senate during the past half decade.
But in concluding he had broad authority to install his appointments, Obama risks seeing other nominees bottled up by Senate Republicans who are privately vowing to retaliate against what they believe is a brazen power grab by the Obama administration. And if Republicans regain control of the Senate in the 2012 elections, it may be even harder for the president to win confirmation of controversial nominees if Obama wins a second term.
“What the president did today sets a terrible precedent that could allow any future president to completely cut the Senate out of the confirmation process, appointing his nominees immediately after sending their names up to Congress,” Minority Leader Mitch McConnell (R-Ky.) said.
The gridlock was already bad in the Senate, but Obama’s moves could lead to a nuclear winter in a chamber where one senator could bottle up virtually any presidential nomination anytime in the future.
“It certainly will exacerbate the already bad relations between Republicans in Congress and President Obama, and I think this is a mistake,” former Senate Majority Leader Trent Lott (R-Miss.) said in an interview. “I do think this will wind up creating ill will and end up in legal actions.”
The controversy started Wednesday morning when Obama named Cordray to serve as head of the CFPB created by the 2010 Dodd-Frank Wall Street reform law. Cordray had been successfully filibustered by Republicans last month who had demanded a series of changes to the new bureau in order to roll back its sweeping regulatory powers.
Ignoring the outrage from congressional Republicans, Obama took his defiance of the Senate a step further by announcing Wednesday afternoon that he would install three choices to serve on the National Labor Relations Board — Sharon Block, Terence Flynn, and Richard Griffin — as the Senate remained on break until Jan. 23. Flynn is the Republican of the trio.
Recess appointments are typically controversial since presidents are circumventing the Senate by naming someone to a spot until the end of a year’s session. By this point in President George W. Bush’s second term, he had made 61 recess appointments, compared to 28 for Obama.
But Wednesday’s move took on a special significance because the Senate technically had not gone into recess. Instead, the Senate has been holding a series of pro forma sessions every few days in order to technically avoid recessing. The sessions are only a few seconds long, where one presiding senator — usually from nearby states such as Virginia, Maryland and Delaware — gavels the Senate in and out and goes home for the day.
Senate Majority Leader Harry Reid (D-Nev.) began holding pro forma sessions periodically in Bush’s second term in order to prevent controversial recess appointments like Steven Bradbury being named to the top ranks of the Justice Department. The Bush administration protested the move, but the president didn’t make recess appointments during the pro forma sessions.
When Republicans took control of the House, going into pro forma sessions became the norm since neither chamber can recess for longer than three days without the consent of the other.
But now that Obama has decided that pro forma sessions don’t matter much, Republicans warn there is no stopping presidents from undermining the Senate’s traditional advise-and-consent role.
“Any future president can recess appoint anyone he wants anytime the Senate goes home for the weekend, if this stands up in court,” said one GOP leadership aide.
The Obama White House said the pro forma sessions amount to a distinction without a difference since senators are on vacation and not conducting business.
“Gimmicks do not override the president’s constitutional authority to make appointments to keep the government running,” said one senior administration official, adding that Bush’s lawyers made a similar argument themselves.
White House spokeman Jay Carney called it a “no-brainer” as he was en route to Cleveland where Obama announced the Cordray appointment.
Obama attacked Republicans for holding up an agency head because of concerns over the agency.
“We shouldn’t be weakening oversight. We shouldn’t be weakening accountability. We should be strengthening it — especially when it comes to looking out for families like yours.”
Republican leadership aides said it was unlikely that senators would sue the administration over the matter, but industry groups said it was virtually certain it would be challenged in court. They said once the consumer agency issues a regulation, the constitutional issues will be raised.
Sen. Rob Portman (R-Ohio) even suggested the recess appointment could be challenged since the Dodd-Frank law calls for a Senate-confirmed head of the agency.
“At some point, there is going to be a challenge over something it does, and whoever is challenging it would almost be committing legal malpractice not to raise these ripe constitutional questions,”said David Hirschmann, senior vice president at the U.S. Chamber of Commerce.
“Ultimately, by letting the courts decide the legality of this, it’s going to put a dark cloud over how the consumer bureau will operate.”
Recess appointments have been challenged in court before, but courts have generally given broad power to presidents on the issue.
In 2004, when the Senate was on an 11-day recess, Bush named William Pryor, a former Alabama attorney general, to serve on a federal appeals court. The move infuriated Democrats, and the late Sen. Ted Kennedy sought to take the matter to court since it happened within the 10-day recess window that most presidents respected before giving a recess appointment.
But an appeals court rejected the Kennedy challenge, and the Supreme Court declined to hear the case.
Some think the same will happen in this case if it’s challenged in court.
“This is a power the president has always had and every president has exercised,” said Marty Paone, a former Democratic Senate leadership aide who was in charge of floor procedure. “This was a power grab by Congress to take it back. All this does is reorient it to what it’s always been. This restores the balance.”
The GOP has other recourse as well.
Republicans in Congress could block future executive branch appointments until Cordray is removed or changes are made to the CFPB. Or Republicans in the House and Senate can block action on any of Obama’s legislative priorities, like trying to “zero out” funding for the agency.
At the very least, Obama’s move could end the pro forma sessions that have been the norm in recent years, allowing the Senate to officially go on recess.
“In my experience, presidents do get away with recess appointments,” Dove said.
Obama’s act proves one thing: his Democrat Party is the official party of naked fascism in America. His is a party that ignores the rule of law. His is a party that flagrantly violates rules that they themselves devised and exercised. His is a party that creates and perpetuates a spirit of anger and bitterness and revenge unlike anything America has ever seen.
I wrote an article nearly a year ago titled, “Why I Call Obama A Fascist.” Read the above article and come to a different conclusion: Obama is abusing the power of the president more than anyone who has every occupied the office; and he is establishing precedents that will vaporize the separation of powers. And what he is doing today will guarantee that America will descend into true fascist tyranny.
Barack Obama is the most polarizing and divisive president in American history. Period. We’ve known that from the very start of his regime.
It’s rather stunning to read what this vile and evil man has said about his fellow Americans. You show me Bush saying crap like that about Democrats. And yet Obama is a demonic demonizer on a daily basis.
If you want hate on top of hate on top of hate, and if you want a climate of anger and revenge that will poison America for years to come, please vote for Barack Obama.
Because that is the “fundamental transformation” of America that he will be most remembered for when it’s all said and done.
So vote for the party and the president of God damn America.
Btw, one of the things that will come out of this, if it is allowed to stand, is a trillion dollar stimulus that will implode America with debt piled on top of debt and then more debt piled on top of that.