Republicans do not have the power to block an Elizabeth Warren recess appointment

[RhodaA]

Source: Public Citizen

(or any other recess appointment)

"Media outlets have reported that the Republicans, despite being the minority party in the Senate, can block not only Senate confirmation by the Democratic majority (using the standard filibuster), but also a recess appointment—by stopping the Senate from adjourning. How can the minority party stop the Senate from taking a break? Press accounts haven’t explained or elaborated on the point, except to report that apparently it’s the House—meaning Speaker Boehner—that can hold the Senate open. That doesn’t explain much.
Here’s the rule:

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.

That’s Article I, section 5, clause 4 of the U.S. Constitution. You have to hand it to the House Republicans. They read the Constitution.

But they may not have read the whole thing. A little bit later—in the very same Constitution—is this passage on presidential powers:

(The President) shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

That’s Article II, section 3, clause 3 ... If the Senate wants to adjourn and the House won’t permit it, the President can adjourn both houses of Congress. That would be a fitting end to the House meddling in nominations — a power the Constitution expressly assigns to the President and the Senate, not the House."

Read more: http://www.citizenvox.org/2011/06/21/republicans-cannot-block-elizabeth-warren-recess-appointment-cfpb/

[Avant Guardian]

1. Im sure they can trick Obama into compromising it away...

...somehow

[SoapBox]

3. Ya know...I've got to agree with you.

I hate to say it...but I think Avant Guardian is right.

While he is not the worst Prez for Dems, there are some disappointments. I just want him
to Man-Up against these ConservaTurds, GOBPers, RushThugs and T.HATEbaggers. Getting Ms. Warren
into position is GOOD for the American CITIZENS.

[liberalmike27]

46. Yep

In my view Obama should lay down a few hundred apointments. But he's demonstrated he's an amazing wimp. Like I say, Republicans have no qualms about obstructing democrats in every way, large and small, as demonstrated by them not appointing new leaders to those who resign in departments they simply don't believe in, and want to get rid of. By the same token, Obama needs to do the same.

[bitchkitty]

12. Trick him? They don't have to trick him.

All they have to do is ask.

[Loge23]

45. He wouldn't want to upset anyone, you know.

Other than his base.

[Avant Guardian]

51. Perhaps he could use that as a slogan idea for 2012

'All things to all people'

[Enthusiast]

32. Because they are sooo very clever

in their trickery. :hi:

[joeglow3]

2. I am no Constitutional scholar, but...

...why did the Republicans not do this when we kept the Senate from adjourning over Christmas under the Bush regime?

[Historic NY]

5. They only wave the constitution & read some parts they like.

[EC]

6. Because it was the Senate not the House. n/t

[joeglow3]

13. So the argument is the president can adjourn BOTH, but not just one?

[sofa king]

52. It was probably impossible to get the House to DISagree.

Nancy Pelosi was Speaker of the House during the Christmas holidays, 2007, so she and Senator Reid probably concurred on the plan. With no dissent, the President cannot intervene.

The issue at hand was preventing Steven Bradbury, a Republican lawyer whose criminal credentials date back to his days as a clerk for Clarence Thomas, from being recess-appointed to the Office of Legal Counsel.

As it happened, just as I alluded to in another post below, the Bush Administration simply failed to renew the nomination and kept Bradbury as "acting" head of the Office until President Obama came in. Bradbury's role, quite obviously, was to prevent the entire lot of them from going to jail for the attorney firings scandal and Karl Rove's attempt to install political hacks as US Attorneys in every swing state in the nation prior to the election of 2008.

I have a feeling his name will begin to appear prominently again in the news this time next year, as that scandal slowly works its way toward Senate hearings and potential criminal prosecution. But, he had a solid four years to hide the bodies, so we shall see.

[Canuckistanian]

22. And more importantly, how did John Bolton get in?

He was a recess appointment during a Dem majority.

[former9thward]

39. Congress was in recess when he was appointed.

[kestrel91316]

4. REALLY? They have blocked her just fine so far.......

[PassingFair]

7. Only because DEMS are "blocking" her, too.

She might spill too many beans.

[TygrBright]

8. That's why the Dems are blocking it. n/t

[ej510]

9. The fear of Elizabeth Warren is another reason why we need

publicly financed elections.

[Enthusiast]

33. Like we need another reason. nt

[Judi Lynn]

10. It's so good to see this information. Did NOT know about it.

Welcome to D.U., RhodaA. :hi:

[RhodaA]

27. Hi, TU. I've been here a while - Just want to add a note:

While my post explains the powers, it may not be likely that Obama would use it during this upcoming July 4th recess because of the ongoing budget and debt ceiling negotiations.

[placton]

11. Guess what?

Obama still won't do it - she is not corporate enough

[lark]

14. This is the nut of the issue

Does Obama really want her to make sweeping changes or is he playing both sides of the fence on this issue as he does many issues?

[Iliyah]

15. All I got to say is

gopers aka tea brats are insecured about smart "reality" based women. Look how they drugged Nancy Pelosi throught the gutter, and she remained strong and determined. Same with Elizabeth Warren. Look at the unbelievable bashing the gopers did at the hearing and all the bashing with the media about her. She's "reality" smart and strong, and gopers aka tea brats HATES that in a women.

If Dems that to a female goper she would cry foul, look at dumbass Palin, the first thing that comes out of her mouth is "because I'm a female" crap. Goper aka tea brats women are like their counter part males can't take what they dish out.

[pnorman]

17. In obedience to his Corporate Overlords!

Haven't seen that on DU in quite a while, and I was beginning to wonder!

[AlbertCat]

16. without the Consent of the other, adjourn for more than three days,

So adjourn the Senate for 2 days and JUST APPOINT HER! It can't be done in 2 days?

[former9thward]

40. No. It is not considered a recess unless it is 3 days.

[Freddie Stubbs]

18. Has anyone ever considered that maybe President Obama doesn't want to appoint her

Presidents usually use recess appointments for nominees that the Senate has refused to act on. But here is no nomination to act on, as the President has not nominated anyone.

[MessiahRp]

24. You're probably right.

The last thing Obama wants to do is to upset his corporate apple cart before the election no matter how good the appointment would be for the regular American people. I suspect Obama is going to raise far, far less money from small contributions this time around now that people have tasted his ability to compromise so many things away so easily, so he's going to need all the corporate contributions he can get.

[RhodaA]

30. Here are some important nominations that are being blocked:

I, personally, am not emphasizing the Warren appointment; it was in the title of the news release, so I could not alter it. Just as important are these - all being blocked:


Commerce Secretary - John Bryson
Deputy Attorney General - James Cole
SEC Commissioner - Daniel Gallagher
Head of Fish and Wildlife Agency - Joseph A. Smith Jr.

[24601]

19. They don't need the House to disagree - they could filibuster any

motion to adjourn.

[BadgerKid]

20. +1, Interesting game of chicken. n/t

[FreeBillClinton]

21. It wouldn't really be Obama's nature to do something like that.

but, hey, maybe he'll surprise us.

[midnight]

23. K&R for Elizabeth... Get it done....

[gtar100]

25. Shhh!! You'll spoil it for the Democrats by exposing their excuse.

They were all happily following President-In-Fact Mitch McConnell when you opened the lid on this. Prepare for obfuscation and a great deal of hesitating until it's too late!!


P.S.: I hope I'm wrong.

[bowens43]

26. That would require a president with a spine

we have to make do with what we have.

[skyounkin]

28. Congress goes to recess with the president we have...

not the president we wish we had.

I'll be blunt- Obama doesn't have the stones to do this.

[sofa king]

29. There's a more reasonable explanation than that.

The Bush Administration routinely practiced a technique where they identified like-minded criminals within the ranks of the department in question and simply elevated that person to "acting" head of the department, while they simultaneously nominated an unqualified political hack for the job so that confirmation would stall in the Senate until they recessed.

A non-evil President could perform a similar practice and achieve good results without losing political points by using recess appointments.

[RhodaA]

31. Other Just as Important Nominations Being Blocked

I had to use Warren's name in the title of this post because the title of a news release cannot be changed. But at least as important are these nominations - all being blocked (and many more):


Commerce Secretary - John Bryson
Deputy Attorney General - James Cole
SEC Commissioner - Daniel Gallagher
Head of Fish and Wildlife Agency - Joseph A. Smith Jr.

[Marblehead]

34. Elizabeth Warren

would actually do a good job for the American people, that is why she won't be appointed.Corporations-10 citizens-zip

[The Wizard]

35. As long as Democrats cower in the corner

when Republicans raise their voices, Republicans can do anything they like.

[The Backlash Cometh]

36. We could use some good news.

[wordpix]

37. Pres should take this advice---it is DANGEROUS that the minority party can hold up nominations

We need these people in the positions and only if the person is incompetent, unethical or criminal should the appt. be held up.

[Better Believe It]

38. Obama doesn't want a recess appointment of Warren.

[intaglio]

41. Now imagine if Dubya had done this

The screams from the Obama haters critics would still be echoing, and rightly so.

But would be OK if Obama rapes the constitution in this manner

[former9thward]

42. Recess is not considered adjournment. The OP is totally off.

But of course the OP knows more about the Constitution than the White House.

[progressoid]

43. Starting to think she is just window dressing.

The administration nominates her to throw us a bone but doesn't expect her to get approved. All the while it's business as usual in DC and on Wall Street.

[grahamhgreen]

44. Don't worry, Obama can block it - BWAHAHAHAHAHAHAHAHAHA!

[kestrel91316]

47. Here's the actual rule as Dems understand it:

When the Repigs are in the majority, they run things.

When the Dems are in the majority, the Repigs STILL run things.

Rinse and repeat.

[SoapBox]

48. But will Obama have the SPINE to do it?

...I'm not holding my breath.

[lonestarnot]

49. Good! And throw some liberal judges onto the bench while we're at it! As many as possible!

[ashling]

50. But where is the bipartisanship in that?

:sarcasm: