Comments on: Recess Appointments Have The Left Outraged http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/ in all matter of opinion, our adversaries are insane. Sat, 07 Nov 2009 19:05:09 -0600 http://wordpress.org/?v=2.8.5 hourly 1 By: FrmrArtyOffcr http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-398627 FrmrArtyOffcr Fri, 06 Apr 2007 01:40:51 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-398627 <em>"The President shall have the power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session." Article II, Section 2, US Constitution</em> Exactly how does a recess appointment not be a recess appointment when the Senate is not in session? <em>" .... party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as well as those who oppose the right side of a question." Alexander Hamilton, Federalist Paper #1. </em> Isn't it amazing that Alexander Hamilton so accurately described exactly the motives for so many of the recent actions taken by the Democratic Party that many year ago? When has it EVER been acceptable for a political party to demand an apology for a political donation from a nominee before allowing his appointment to go through? Damn I wish I could get that Poli Sci and history degree to make me money versus just help me refute baseless arguments. “The President shall have the power to fill all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.” Article II, Section 2, US Constitution

Exactly how does a recess appointment not be a recess appointment when the Senate is not in session?

” …. party opposition, and many other motives not more laudable than these, are apt to operate as well upon those who support as well as those who oppose the right side of a question.” Alexander Hamilton, Federalist Paper #1.

Isn’t it amazing that Alexander Hamilton so accurately described exactly the motives for so many of the recent actions taken by the Democratic Party that many year ago?

When has it EVER been acceptable for a political party to demand an apology for a political donation from a nominee before allowing his appointment to go through?

Damn I wish I could get that Poli Sci and history degree to make me money versus just help me refute baseless arguments.

]]> By: Mustang Bobby http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-398174 Mustang Bobby Thu, 05 Apr 2007 20:39:55 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-398174 You folks on the right are fun. Kinda like playing with the cat with a laser pointer. IOKIYAR! You folks on the right are fun. Kinda like playing with the cat with a laser pointer.

IOKIYAR!

]]> By: Peejz http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-398110 Peejz Thu, 05 Apr 2007 19:26:17 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-398110 In essence, it is abuse of power. As I said, neither will fully press the issue because they use the system. In essence, it is abuse of power. As I said, neither will fully press the issue because they use the system.

]]> By: TedintheShed http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397945 TedintheShed Thu, 05 Apr 2007 17:38:09 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397945 18. Thanks for the links Peejz. Holidays are not defined by the Constitution, however Congress does define Federal Holidays. Other than that, I see the precedent there. I stand corrected. Re 19: Being a strict Constitutional Interpretist, I see the action as being illegal. It doesn't appear that the action has been challenged and taken to court though, and it appears that it never would be. That being the case, it will be allowed...unfortunately. I see it as abuse of the law. I would love to see the Dems take this to the SCOTUS though. I don't see how they can rule it as otherwise, as it is clearly defined. 18.

Thanks for the links Peejz. Holidays are not defined by the Constitution, however Congress does define Federal Holidays.

Other than that, I see the precedent there. I stand corrected.

Re 19:

Being a strict Constitutional Interpretist, I see the action as being illegal. It doesn’t appear that the action has been challenged and taken to court though, and it appears that it never would be. That being the case, it will be allowed…unfortunately.

I see it as abuse of the law.

I would love to see the Dems take this to the SCOTUS though. I don’t see how they can rule it as otherwise, as it is clearly defined.

]]> By: Peejz http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397926 Peejz Thu, 05 Apr 2007 17:30:04 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397926 Ted, you would be hard pressed to get either side to change this because both sides use it to their full advantage. Sometimes it is a good person getting appointed and other times not...but that is how the law is being <em>used</em>. Ted, you would be hard pressed to get either side to change this because both sides use it to their full advantage. Sometimes it is a good person getting appointed and other times not…but that is how the law is being used.

]]> By: Peejz http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397923 Peejz Thu, 05 Apr 2007 17:28:23 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397923 17- Are the holidays spelled out in the COTUS? No. So for the examples you want: here is <a href="http://64.233.167.104/search?q=cache:TmjZQUl6XMQJ:www.fed-soc.org/pdf/recapp.pdf+historic+recess+appointments%2Bholidays&hl=en&ct=clnk&cd=1&gl=us" rel="nofollow">a link </a>which lists many but in particular this passage as it pertains to xmas: <em>December 27, 2000, recess appointment of Roger Gregory </em> Now, Daschle <a href="http://sbc.senate.gov/record.cfm?id=190734" rel="nofollow"><em>did try to stop Bush </em></a>at one point, because he knew it was legal for Bush to appoint during XMas break: <strong>Majority Leader Tom Daschle may not adjourn the Senate during the Christmas holiday in an attempt to prevent the White House from installing some of its blocked nominees through recess appointments. Republicans say the White House is considering a procedural move to bypass the Democrat-controlled Senate to get President Bush's administrative team in place. The first recess appointment under consideration is Eugene Scalia, son of Supreme Court Justice Antonin Scalia, as Labor Department solicitor. Mr. Daschle, South Dakota Democrat, was blocking that nomination and suggested this week he would keep the Senate in a pro forma session through January and not grant the yearly holiday to prevent the appointment. </strong> The POTUS can use this particular power at anytime the Senate is on recess. 17- Are the holidays spelled out in the COTUS? No. So for the examples you want:

here is a link which lists many but in particular this passage as it pertains to xmas:

December 27, 2000, recess appointment of Roger Gregory

Now, Daschle did try to stop Bush at one point, because he knew it was legal for Bush to appoint during XMas break:

Majority Leader Tom Daschle may not adjourn the Senate during the Christmas holiday in an attempt to prevent the White House from installing some of its blocked nominees through recess appointments.

Republicans say the White House is considering a procedural move to bypass the Democrat-controlled Senate to get President Bush’s administrative team in place.

The first recess appointment under consideration is Eugene Scalia, son of Supreme Court Justice Antonin Scalia, as Labor Department solicitor.

Mr. Daschle, South Dakota Democrat, was blocking that nomination and suggested this week he would keep the Senate in a pro forma session through January and not grant the yearly holiday to prevent the appointment.

The POTUS can use this particular power at anytime the Senate is on recess.

]]> By: TedintheShed http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397911 TedintheShed Thu, 05 Apr 2007 17:12:11 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397911 "He didn't do anything that his predecessors didn't also do." Can you provide some n on-Bush examples of this? I read findlaw (and it's footnotes) to mean during recesses scheduled around holidays (such as this one scheduled around Easter and Passover) the President could not make appointments. If this were allowed as you say, then any President could make any such appointments that he wished without Congressional overview. The Constitutional Amendment would be rendered worthless and the spirit of this law broken. “He didn’t do anything that his predecessors didn’t also do.”

Can you provide some n on-Bush examples of this? I read findlaw (and it’s footnotes) to mean during recesses scheduled around holidays (such as this one scheduled around Easter and Passover) the President could not make appointments. If this were allowed as you say, then any President could make any such appointments that he wished without Congressional overview. The Constitutional Amendment would be rendered worthless and the spirit of this law broken.

]]> By: Peejz http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397904 Peejz Thu, 05 Apr 2007 17:00:08 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397904 14- I read it correctly. Since around the 30's, a recess is basically scheduled around holidays..prior to that, very little was done in the summer months due to to the heat(therefore was considered <em>the</em> recess). Much debate has been ongoing as to what constitutes a break or recess, but this is how it has been done. He didn't do anything that his predecessors didn't also do. A short recess in todays language would constitute a one day government holiday. 14- I read it correctly. Since around the 30’s, a recess is basically scheduled around holidays..prior to that, very little was done in the summer months due to to the heat(therefore was considered the recess). Much debate has been ongoing as to what constitutes a break or recess, but this is how it has been done. He didn’t do anything that his predecessors didn’t also do.

A short recess in todays language would constitute a one day government holiday.

]]> By: TedintheShed http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397899 TedintheShed Thu, 05 Apr 2007 16:58:06 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397899 re 6: Still won't let me post. I enter the text, it goes through the motions but nothing shows up on the thread. re 6:

Still won’t let me post. I enter the text, it goes through the motions but nothing shows up on the thread.

]]> By: TedintheShed http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/comment-page-1/#comment-397892 TedintheShed Thu, 05 Apr 2007 16:47:48 +0000 http://rightvoices.com/2007/04/05/recess-appointments-have-the-left-outraged/#comment-397892 5. No, you've read it wrong. According to Findlaw, the President can appoint during a recess. However, a recess does not include a holiday. I quoted that in my post #1: "<strong>But a Senate ‘'recess'' does not include holidays</strong>, or very brief temporary adjourn ments:”" Easter is a holiday and thus Bush should not be able to make any appointments. 5.

No, you’ve read it wrong.

According to Findlaw, the President can appoint during a recess. However, a recess does not include a holiday. I quoted that in my post #1: “But a Senate ‘’recess” does not include holidays, or very brief temporary adjourn ments:””

Easter is a holiday and thus Bush should not be able to make any appointments.

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