Contempt for Congress
This editorial in the Wall Street Journal summarizes very well the facts of Obama’s attempt to circumvent the Constitution yesterday: Contempt for Congress.
A President has the power to make a recess appointment, and we’ve supported Mr. Obama’s right to do so. The Constitutional catch is that Congress must be in recess.
The last clause of Section 5 of Article 1 of the Constitution says that “Neither House” of Congress can adjourn for more than three days “without the Consent of the other” house. In this case, the House of Representatives had not formally consented to Senate adjournment. It’s true the House did this to block the President from making recess appointments, but it is following the Constitution in doing so. Let’s hear Mr. Obama’s legal justification.
Democrats had used a similar process to try to thwart Mr. Bush’s recess appointments late in his term when they controlled both the House and the Senate. Prodded by West Virginia’s Robert C. Byrd, who has since died, Majority Leader Harry Reid kept the Senate in pro forma session. Some advisers urged Mr. Bush to ignore the Senate and make recess appointments anyway, but he declined. Now Mr. Reid is supporting Mr. Obama’s decision to make an end run around a Senate practice that he pioneered. [emphasis in original]
In other words, the Constitution is plain and Obama is consciously ignoring it, unlike Bush or any previous President. You can make excuses for this arrogant and unprecedented abuse of power, but an abuse of power it is, nonetheless.
As for sitting back and waiting for the courts to settle this, that’s a cop-out. The courts will almost certainly bow out, noting that this is a political battle between two other branches of government. The article above does note who will sue:
Private parties will have standing to sue if they are affected by one of Mr. Cordray’s rule-makings, and that’s when the courts may get a say on Mr. Obama’s contempt for Congress.
Thus, Obama’s actions will make any actions by his appointee legally suspect. It will create chaos in government and business, while simultaneously eroding the rule of law.
Is this the kind of government representation we want?
The support of my readers through the years has given me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Even today NASA and Congress refuse to recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
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This editorial in the Wall Street Journal summarizes very well the facts of Obama’s attempt to circumvent the Constitution yesterday: Contempt for Congress.
A President has the power to make a recess appointment, and we’ve supported Mr. Obama’s right to do so. The Constitutional catch is that Congress must be in recess.
The last clause of Section 5 of Article 1 of the Constitution says that “Neither House” of Congress can adjourn for more than three days “without the Consent of the other” house. In this case, the House of Representatives had not formally consented to Senate adjournment. It’s true the House did this to block the President from making recess appointments, but it is following the Constitution in doing so. Let’s hear Mr. Obama’s legal justification.
Democrats had used a similar process to try to thwart Mr. Bush’s recess appointments late in his term when they controlled both the House and the Senate. Prodded by West Virginia’s Robert C. Byrd, who has since died, Majority Leader Harry Reid kept the Senate in pro forma session. Some advisers urged Mr. Bush to ignore the Senate and make recess appointments anyway, but he declined. Now Mr. Reid is supporting Mr. Obama’s decision to make an end run around a Senate practice that he pioneered. [emphasis in original]
In other words, the Constitution is plain and Obama is consciously ignoring it, unlike Bush or any previous President. You can make excuses for this arrogant and unprecedented abuse of power, but an abuse of power it is, nonetheless.
As for sitting back and waiting for the courts to settle this, that’s a cop-out. The courts will almost certainly bow out, noting that this is a political battle between two other branches of government. The article above does note who will sue:
Private parties will have standing to sue if they are affected by one of Mr. Cordray’s rule-makings, and that’s when the courts may get a say on Mr. Obama’s contempt for Congress.
Thus, Obama’s actions will make any actions by his appointee legally suspect. It will create chaos in government and business, while simultaneously eroding the rule of law.
Is this the kind of government representation we want?
The support of my readers through the years has given me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Four years ago, just before the 2020 election I wrote that Joe Biden's mental health was suspect. Only in this year has the propaganda mainstream media decided to recognize that basic fact.
Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Even today NASA and Congress refuse to recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
Please consider supporting my work here at Behind the Black.
You can support me either by giving a one-time contribution or a regular subscription. There are five ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation:
5. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above. And if you buy the books through the ebookit links, I get a larger cut and I get it sooner.
I disagree. If the constitutional issues here are as clear as you think they are, there is no reason for the courts not to hear this.
The fact is, there are conflicting matters of opinion here, including whether the minority body in the Senate should have the power to obstruct the implementation of existing legislation.
I can’t wait for the “damaged parties” that are committing fraud or other abuses on the consumer public to sue for their rights to abuse the American Public.
This is going to be a great show!
Yes, it is exactly what is expected. These types of challenges between the executive and legislative branches have occurred since the founding of the Republic. Each side tries to grab for itself as much power as it can. It is neither arrogant or unprecedented.
The WSJ piece is only an opinion, just like you and I have voiced. In fact, the WSJ piece only highlighted some of the same points as I made previously. Democrats started this recess argument when Bush was President. I think the piece is wrong in saying that Bush did not challenge…he did with the appointment of William Pryor. And a court ruled in his favor.
You left out this quote from the WSJ piece:
“Some lawyers we respect argue that a pro forma session isn’t a real Congressional session, and that’s certainly worth debating.”
And that is exactly the debate that will occur now. And courts will have to decide if gimmicks (which the WSJ readily admits this was) trump constitutionally granted powers to the executive branch.
My opinion again, no challenge will come. If it does, courts will continue to rule in the executive branch’s favor to make recess appointments, whether the “executive” is a Republican or Democrat.
Nothing will be legally suspect, unless challenged through the courts, exactly as the founders intended. And if the courts favor gimmicks, than both sides will have to abide.
Its the beauty of America.
Adjournment != Recess
There is no Consitutional definition of Recess. Courts have sided with executive branch on this. “Pro-forma” sessions specifically state that no business (of Congress) will be conducted, hence and effective recess. Gimmicks (used by both parties) to undermine the opposition, are childish. Congress really needs to do the people’s business and vote on Presidential Nominees.
“Congress really needs to do the people’s business and vote on Presidential Nominees.”
……and if they deliberately abdicate that responsibility, let Leaders Lead.