In recess or not in recess?

With the recent focus on former staffer Matt Varilek’s campaign it looks like Senator Johnson and his staff may have their attention on subjects other than the Senate’s day to day operation.

Only one Senate Democrat, out of 51 asked, told The Daily Caller that President Barack  Obama was correct when he claimed the Senate was in recess Jan.  3. That?s the day Obama announced that he had exercised his executive  authority to fill four top posts during a Senate recess…

A spokesperson for South Dakota Democratic Sen. Tim Johnson said he ?supports  the appointments,? but wouldn?t answer whether Johnson thought the Senate was in  recess.

Who am I kidding, decisions weren’t their strong suit to begin with, but if George Bush was president I bet Johnson would have an opinion.

15 Replies to “In recess or not in recess?”

  1. caheidelberger

    Meanwhile, “Bill Clay”, ever striving to manufacture some anti-Varilek pap while ignoring his GOP Congresswoman’s lack of achievement, ignores the real question, which is not Senator Johnon’s no-comment, but the GOP’s use of technicalities to block the effective regulation of predatory lenders. Please tell me how a handful of Senators standing up for a minute each day but doing nothing constitutes a practical session.

  2. katzy

    Johnson’s comment was not a no-comment; it was blatantly false. And before you defend him, remember that Reid did the same thing to keep Congress in session. But in Dems’ minds, what is good for the good is not good for the gander. Actually, it again shows the incompetence of this officer holder to actually perform the job we in SD re-elected him to in a pity vote.

  3. BF

    From Wikipedia:

    “According to the Congressional Research Service, President Bill Clinton made 139 recess appointments. President George W. Bush made 171 recess appointments, and as of December 8, 2011, President Barack Obama had made 28 recess appointments.”

    In other words, it’s a pretty easy thing to look up, Bill Clay. Why didn’t you? …instead of trying to guess what Johnson’s opinion would be?

    Bottom line, Congress passed a bill creating a new department to regulate predatory lenders. On this and other presidential appointments, it is the worst kind of intellectual dishonesty to argue on the one hand that an administration is doing a poor job, while on the other hand refusing to give him the staff with which to do it.

  4. springer

    This did nothing but create another agency/bureaucracy with no congresssional oversight, once again, to do a job that there are already laws in place for. And BF, a recess appointment legally done is completely different from one ILLEGALLY done. Of course, this administration has little regard for legality or constitutionality of its actions.

      1. BF

        p.s. springer, you yourself could maybe start by looking at all the GRB recess appointments to see if any of them were made at a time comparable to the one in which Obama has made his appointment here.

        If nothing else, it will give you something to do to keep your mind and your hands busy.

        I’ll be looking forward to your report.

        1. springer

          Actually, I have plenty of things to keep my mind and hands busy. I don’t think there is another blogger in SD who has as much time on their hands though as you, BF, considering how many posts we see from you on numerous blogs. Whatever floats your boat, I guess.

    1. BF

      Oh, I already know the answer, Les.
      I just thought you, springer and Bill Clay might enjoy looking it up for yourselves. It would be refreshing to see that some of you Reps can actually do your own research instead of having it all filtered through Karl Rove, Fox News, and Rush Limbaugh.

      George W. Bush, did the same thing in 2004. At that point, the 11th Circuit Appeals Court ruled as follows:

      “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. And we do not set the limit today.”

  5. Bill Fleming

    Springer, Cory, here are the arguments and the conclusion of the counsel to the president. It’s quite long and thus thorough, but an interesting read.

    I’ll just excerpt the conclusion here:
    “In our judgment, the text of the Constitution and precedent and practice thereunder support the conclusion that the convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise
    long enough to qualify as a ?Recess of the Senate? under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments. “


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