I wish Elizabeth Warren would withdraw her name from consideration and announce she is mounting a primary challenge to the fraud in Chief. Don’t expect much from President Pander, no make that anything.

… so 50 votes in the Senate can get it done

which is one reason it will never happen. The World’s Greatest Deliberative Body Millionaire’s Club has nothing to gain from this maneuver, nor do their contributors/puppet masters.

I’ve written about this twice at my site, The Stars Hollow Gazette. It is a Congressional Game of Chicken: Presidential Recess Appointments

There is nothing in the Constitution that bars the president from making a recess appointment immediately after congress goes into recess. There is also a Constitutional problem with pro-forma sessions. With Congress scattered across the country, there is no way that they could get a quorum for a vote.

From attorney and law professor, Victor Williams:

But there is no minimum recess required under any law. The three-day minimum recess is fiction – as fake as are the Senate faux sessions. Better to begin with nonfiction – the Constitution.

In 2004, the U.S. Court of Appeals for the 11th Circuit ruled: “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” In Evans v. Stephens, the 11th Circuit, following prior 9th and 2d circuit rulings, broadly affirmed the executive’s unilateral recess commissioning authority during short intersession and intrasession breaks.

Even the Senate’s own Congressional Research Service reports: “The Constitu­tion does not specify the length of time that the Senate must be in recess before the President may make a recess appointment.” . . .

The president’s constitutional appointment authority cannot be trumped, or even limited, by Senate scheduling shenanigans. In fact and law, the 111th Senate is now dispersed to the four corners for six campaign weeks. Gaveling open, and then gaveling closed, a half-minute meeting of an empty chamber is not a legitimate break in the recess. A Senate quorum could not be gathered; neither legislative nor executive business could be conducted. Constitutional law demands substance over form.

The faux sessions only further expose the broken institution and its failed, dysfunctional confirmation processes.

At bottom, recess appointments are a matter of presidential will. In 1903, Theodore Roosevelt set the standard when he recess-appointed 160 officials during a recess of less than one day.

(all emphasis mine)

More evidence that the Ds constant whining about the Rs, EVEN when the Ds had perfectly sound majorities, is just kabuki. Only problem is, when the president cuts Warren loose without an appointment, there’s going to be hell to pay. And at this point, the longer he waits, the more hell there is to pay.

Who knew the constitution was full of ponies and unicorns. But we get none. Not. a. single. one.

There is nothing in the Constitution that says there needs to be 60 votes for a bill except for the approval of treaty which requires 67.

In a New York Times op-ed, Former Vice President Walter F. Mondale, recalls how in 1975 when he was a Senator, the Senate voted to reduce the number of votes required to end filibuster from 67 votes, a super majority, to the current 60 votes. Clearly, he states this was not enough. Filibuster threats and cloture votes blocked legislation nearly 100 times in the 111th Congress.

Mr. Mondale argues that essentially, these rules abrogate the Constitution which only requires a 67 vote majority for the approval of treaties, “in all other instances it must be assumed that the Constitution requires only a majority vote”. In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “nuclear option” that was used as a threat by the Republicans to force the Democrats to capitulate when they were n the minority.

At bottom, recess appointments are a matter of presidential will. In 1903, Theodore Roosevelt set the standard when he recess-appointed 160 officials during a recess of less than one day.

Teddy Roosevelt handed out ponies! But we get none. NONE!

quoting themomcat @ 5

In other words, many of the Senate rules are unconstitutional and could be done away with on a simple majority procedural vote under Parliamentary rules. That was the “nuclear option” that was used as a threat by the Republicans to force the Democrats to capitulate when they were n the minority.

The Ds are such -omg, you will excuse the expression- SUCH weenies!

And kabuki artists.

Obama is not, never was a Democrat. The Democratic leadership are all cowards, owned by corporate donors. Harry Reid is the worst majority leader that I can remember from either party. He should have been replaced with someone that would stand up the the likes of McConnell, Graham and the blue dog Dems

All the president has to do is send the Vice President into the Senate and rule that the filibuster is out of order and it would be over. Let the re-thugs and blue dogs kick and scream, we need to get back to our Constitutional roots.

David: Good thread.

Now: do we hold our breaths until he does this?

Our “progressive” Lucy-in-the-White-House has yanked the football back so many times, that bitching about Palin and the flat-earthers (a la Digby, ad nauseum) has become nothing but world-class herring dragging for the people who are intellectually and emotionally incapable of facing the reality of Barack Obama and what he’s done to savage the progressive agenda.

the President has powers

But not the balls.

It seems the only thing that might stop Obama is Obama himself.

Bluetoe2:

“I wish Elizabeth Warren would withdraw her name…”

I would wish that, too. ‘Toe, but for my taste, Warren has been WAY too comfortable serving as White House dog-yummy, to be waved in front of progressives, to try to keep us quiet, and on the reservation.

I think the Warren-as-real-reformer train has left the station…which makes sense, given that the Obama-as-real-reformer train is clearly a wholly-owned subsidiary of Wall Street.

This is just more proof that this is theater, for the same reason I have seen nothing on any establishment blog mentioning how the debt ceiling could be unconstitutional.

Dems prefer these obstacles, because they want to whine we had no choice when the shit hits the fan.

100% agreed.

It’s just more proof that they *hate* the constitution. It gets in their way.

I really like the way you put this so clearly. All this misery could end … except they don’t want it to end.

He won’t do anything that requires demonstrating real courage or leadership because:
1. He doesn’t want to
2. He doesn’t want Warren to head the agency
3. He’s afraid of the tantrum the GOP would throw
4. He just not that into The Right Thing

a letter?

like this letter?

On the occasion of the recent G20 Summit in Pittsburgh, the Polaris Institute along with 130 international organizations signed a letter to U.S. President Barack Obama urging the United States to make bolder efforts on climate change.

September 24, 2009

Dear President Obama,

As you prepare to host the G20 Summit in Pittsburgh, we write to you with great urgency and concern regarding what we see as a current lack of U.S. leadership in solving the climate crisis. Last November, you stated, “Any nation that’s willing to join the cause of combating climate change will have an ally in the United States of America.” We call on you now to honor that commitment. We urge your leadership in setting a vastly higher level of ambition for the United States’ contribution to both emission cuts and a package of finance and technology for developing countries

Is that the sound of paper being crumpled up, and thrown in the wastebasket that I hear?

I keep saying of Obama’s ongoing sell-outs:

“Goddammit, that was the last straw.”

But the box never seems to empty.

Last week, when he gave the ultimate hiney-lick to Wall Street, and said that he didn’t want to raise too many issues with the corporate assholes because it might depress the market, I was thinking:

“Yeah, that’s right, Mr. Preznint: the amurkan people gave you those giant congressional majorities and the pellucid clarity of that mandate-for-real-change, so you could pimp for the Fortune 500.”

Fuck the small time recess appointments. Obama wants an Imperial Presidency and to act as a tyrant on security and foreign policy. Why not declare an economic emergency with the powers incumbent in that, appoint who he wants, and enact economic policies by fiat for the duration. Of course he’d fuck that up too.

Obama has not and will not appoint Elizabeth Warren because he’s just not that into her. Period, end of story.

Obama always gets what he wants and we feebly cling to the idea that maybe sometime he will want what we want. NOT GONNA HAPPEN!

He’s a turncoat looking out for himself so the question is will it benefit him and his wife, period.

The only reason Superman hasn’t stepped out of a phone booth is he’s a sellout not Superman. Fighting for truth justice and the American way doesn’t pay as well as selling out, follow the money trail.

Here’s the thing…so much inconsistency in his actions…and words. Unfortunately he lacks integrity. He says he doesn’t like recess appointments because he doesn’t want to do what the republicans did. But, he doesn’t mind going to war without congress. Whatever.

This WH would more than likely light a match.

I agree – I have been saying that one does not need House Consent – and that if either Reid or Obama had a backbone they could adjourn. Even using “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting” Reid could have adjourned with 50 votes – it is the Dems – and Obama – that want to pretend to be for the little guy – as they stop a Warren appointment.

He won’t do anything that requires demonstrating real courage or leadership because:
1. He doesn’t want to
2. He doesn’t want Warren to head the agency
3. He’s afraid of the tantrum the GOP would throw
4. He just not that into The Right Thing

5. He doesn’t want to hurt the feelings of his golf buddies.

Obama is already DOING exactly what he wants to do. In part, that means NOT taking advantage of the Recess to make appointments, as well as *ignoring* all the burrowed-in Bushites in the agencies and permitting them to stay and/or re-appoint them, for heaven’s sake.

Our system of Fed Govt is broken, perhaps irretivably so, at least via “the system.” This is just more Kabuki Show. Warren will be dangled for as long as is possible – and then either Warren will give up in disgust (with O shrugging his shoulders & saying: oh whatever could I have doooooonnnnneeeee???? Not MY fault!!!!! I tried SO HARD) or time will run out or something else.

It’s crap and nonsense.

Not just Warren but Diamond, Dawn Johnsen, Liu. The Obama administration is a side show. Congress cannot stop the DOJ from prosecuting the Guantanamo detainees in article III courts either. And just where was the authorization for the House to allocate $500,000 to defend DOMA? Where was that in a bill that was approved by both houses and signed by the President? What is the DOJ doing to stop the blatant unconstitutional abuse? Oh, wait, never mind. They’re doing it, too.

Don’t let me get started on the possibilities of impeaching several of the SCOTUS Justices, like Scalia and Thomas for starters.

Which ones don’t match the others.

Lucy, Football, Presidential courage, Kabuki, Charlie Brown, Dawn Johnsen, Presidential determination, Liz Warren, Peter Diamond, Twisting in the Wind, Presidential power.

One would think this is the sort of routine reading of the applicable law for a constitutional scholar from HLS, rather like an engineer reading basic blue prints. Mr. Obama decided long ago, however, that he wanted to be a developer, not a builder.

The basic problem with having the power to do this is that Mr. Obama manifestly does not want to do it. I suspect he regards putting Ms. Warren in charge of the FCPB would be like putting Typhoid Mary in charge of preventing communicable disease in NYC. From the consumers’ perspective, it would be received more like the introduction of vaccines.

“In Article II, section 3, clause 3, the President is given the ability to adjourn Congress. So he could do so, or threaten to do so, and then make his recess appointments”

I think that section has to be given an extremely very narrow reading. It could open up a whole can of worms including having a truly imperial Presidency with zero checks and balances.

Obama wouldn’t want to do anything like make recess appointments. That might upset his good friend Mitch McConnell and his golfing buddy, John Boner!

Agreed. This is one of those examples where our venerable Constitution needs a Service Pack 2.0 – but Americans are too proud to admit it.

Also, David, CitizenVox is funded by Public Citizen but they are editorially independent.

Could judges be appointed in recess also?

Theoretically yes, but who wants a judge who can only serve until the end of the Congress, i.e. December 2012.

Elizabeth Warren will be used to bring back the progressives… at the last moment before the election.

Her agency was rendered worthless when it was placed in the Treasury… and her boss is Tim Geithner. He has ultimate control and say so on every decision made by the agency. It’s now worthless.

You have no idea …
http://motherjones.com/environment/2009/02/harry-reid-gold-member

The filibuster will be essentially gelded. Katie bar the door if the GOP gets just a slim Senate majority.

Geeks in the Senate will spend most of their time figuring out how to exploit the reconciliation process. The ice broke during passage of the ACA. The work arounds will become a cottage industry.

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