Isn't a Recess a Recess
Last comment by crimeriddendump 5 years, 1 month ago.

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I ran across this interesting information and I'd like to know who makes sense of this,because it "eludes me" What am I missing here ?
I find it con*flicting and I will go into that after I (copy and paste) the ruling of the Court.
A U.S. Appeals Court for the District of Columbia made a ruling that President Obama "violated the Constitution" when he made three recess appointments to the National Labor Relations Board during the holidays more than a year ago.
As follows:
The court cited two reasons. First, the clause's reference to "the recess" does not apply to breaks in the Senate’s business when it is otherwise in a continuing session, the court said. "The appointments structure would have been turned upside down if the president could make appointments any time the Senate so much as broke for lunch," the appeals court said.

Second, the appeals court said, the clause only permits recess appointments when they "happen" during the intersession recess, not when they happen to exist during the recess.

The appeals court relied on the wording of the clause and constitutional history to support its interpretation. "At the time of the Constitution, intersession recesses were regularly six to nine months," the court said, "and senators did not have the luxury of catching the next flight to Washington."
The Framers established the recess appointments procedure to avoid government paralysis in those long periods, the court said. Allowing such appointments in shorter intrasession breaks "could easily swallow the 'general' route of advice and consent," the court said.

Miguel Estrada of Gibson, Dunn & Crutcher represented 42 Republican senators who filed an amicus brief in the case. The decision “is a major milestone in safeguarding the separation of powers,” he said in a statement.

According to AP, the decision is likely to be appealed to the U.S. Supreme Court. “But if it stands,” the story says, “it means hundreds of decisions issued by the board over more than a year are invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down.”

Here's where it gets confusing for me...
Haven't Presidents always made "recess appointments" this isn't something new by any means .
Doesn't The Constitution provide for them. It's right there Article II Clause 3: Recess appointments:
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Does the Constitution mention on the length of the recess?

President George W. Bush made 171 recess appointments. President Bill Clinton made 139
As of January 5, 2012, President Barack Obama had made 32 recess appointments
President Washington,Dwight D.Eisenhower ,and President Andrew Johnson himself made at least 14 recess appointments.
President Theodore Roosevelt made 193 recess appointments (in one day).

President Obama like Presidents before believe any time the Senate stops conducting business for more than just a few days—that's a recess.
He is not the "first and only President to do this"
So why is his recess appointments suppose to be violating the Constitution,wouldn't this be saying that every Republican or Democratic President before him were then in violation of The Constitution as well.
Confused a little ?

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crimeriddendump commented on Saturday, Jan 26, 2013 at 10:22 AM

Just another example of how an action is perfectly acceptable for every other President yet not for the first black President.

Yet another sad example of racism.

44Magnum commented on Saturday, Jan 26, 2013 at 13:27 PM


It has NOTHING to do with race. It has everything to do with the Constitution. President Obama conveniently declared that the Senate was in recess when in fact at the time he made the recess appointment the Senate was called to order and then adjourned. Even though no business was conducted, the Senate was in session! That didn't happen with the hundreds of other recess appoints made by other presidents.

Mr. Obama has his agenda, and nothing, including the Constitution, is going to get in his way.


crimeriddendump commented on Saturday, Jan 26, 2013 at 16:13 PM

Did you not read the actual post here by rozemist? Was the Senate in session durring all the Bush recess appointments? What about the Clinton ones?

Sad that some people choose to value their imaginations more than reality.

44Magnum commented on Saturday, Jan 26, 2013 at 16:24 PM


Did YOU not read the actual post here by rozemist and my response? No one is accusing President Bush and President Clinton of making recess appointments WHILE THE SENATE WAS IN SESSION. Only Mr. Obama has done that.


crimeriddendump commented on Saturday, Jan 26, 2013 at 18:20 PM

Here is a quote from rozemist's post for you to RE-READ!!

" President Obama like Presidents before believe any time the Senate stops conducting business for more than just a few days—that's a recess.
He is not the "first and only President to do this" "

Please try to ignore your imagination and focus on just the facts please.

44Magnum commented on Saturday, Jan 26, 2013 at 20:17 PM


The point, if you would bother to check, is that the Senate WAS in session on the days that Mr. Obama made those appointments. He is the first president (black or white) to do that. This is why the appointments were unconstitutional!

Please check the facts before accusing me of imagining things. The court and not I am saying this. You can't make recess appointments when the Senate has been called to order. That isn't recess.


crimeriddendump commented on Saturday, Jan 26, 2013 at 22:32 PM

Would you care to go into detail regarding these sham sessions? I would LOVE to have a discussion about that,

KarenPearsall commented on Sunday, Jan 27, 2013 at 00:35 AM

Hello rozemist, What I find interesting is the part where the court explains its rationale by claiming, "At the time of the Constitution, intersession recesses were six to nine months and senators did not have the luxury of catching the next flight to Washington". Using this same type of reasoning, when interpreting the Second Amendment, all types of assault weapons and modern weaponry should be banned because only muskets, rifles and primitive pistols were in existence during "the time of the Constitution" and the advanced scopes, sights, and semi-automatic clips were not available. I think you have raised many valid points, especially wondering whether the LENGTH of recess is or isn't specifically spelled out. It is troublesome to think that partisan politics (because I think it is more likely that than racism) may derail and invalidate many of the board's decisions in the last year. Do you think this could be an attack by certain Republican senators on Labor Union groups and organizations and an attempt to marginalize them? Sincerely, Karen

rozemist commented on Sunday, Jan 27, 2013 at 00:55 AM

The Republicans came up with a very questionable way of making it look as tho Congress was in session (even tho they weren't even conducting any business at all) the way they did this was arranging for one single Republican lawmaker to make an appearance about every 3 days to gavel the Senate to order ,that person would wait around a little while ,gavel it to a close and then leave.
This is hardly a Congress in session..its only purpose was to block a President from making any Recess Appointments.
The courts ruling included that A President could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an "official recess", which it defined as the break between sessions of Congress.
I suspect that the Supreme Court which we probably know this will go to must consider were they really in a "legitimate session"...
I don't know about the legality of it all but I think that most people would think that if Congress is Present and "working" then they are in session,if they are off on Holidays for weeks and "not conducting any business" then isn't that not working,isn't that recessing?
It has me scratching my head....

rozemist commented on Sunday, Jan 27, 2013 at 01:25 AM

Hi Karen
You bring up some very good points..and I do believe the driving force behind this is Partisan Politics all the way.
Your observation regarding the Labor Union groups and organizations being under attack is in my belief on target.
Republicans have been going after the labor board for issuing many decisions and rules that make it easier for the nation's labor unions to organize new members.
This entire thing is going to create a big mess,and even further division between the two party's ( I don't really know how much further they can get to be honest).
At a time when we need their full attention on urgent matters we have this going on.It's extremely frustrating.

crimeriddendump commented on Monday, Jan 28, 2013 at 01:21 AM

Hello rozemist and KarenPearsall,

I would disagree and say that racism is the main drive between party lines and classism is a close second. Racism is not a byproduct of partisan politics; it is the source.

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