Big Dogs House

What About That Pesky Constitution Confuses Obama?

Jan 6, 2012 Political

King Barack Hussein* made a few appointments by declaring that the Senate was effectively in recess so he had the authority to do so. His mouthpieces claim that the White House Legal Council has reviewed the issue and said it was OK for King Hussein to make the appointments. Interestingly, the Department of Justice is the agency that normally reviews items of Constitutionality. I imagine that Hussein figured that his Council could say it was OK and then after the fact he could persuade his buddy Holder to write a favorable opinion.

The rule of law. Hussein said the Senate was effectively in recess for weeks so he could make the appointment because the Constitution says so. If Hussein wants to be technical, let us do so. My well worn pocket Constitution, Article II, Section 2, last paragraph reads:

The President shall have the 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. [emphasis mine]

So let us assume, for a moment, that Hussein is correct about the Senate being in recess. Technically, the vacancies DID NOT HAPPEN during the alleged recess. The Constitution is clear in that the President may fill a vacancy that occurs while the Senate is in recess. These vacancies have been present for quite some time and DID NOT occur during the recess Hussein claims exists.

Therefore, he had no authority to begin with regarding making the appointments. This will likely go to court and it would be great if a ruling came down expressing exactly what the Constitution states and thereby prevent Congress and presidents from playing games regarding appointments. If the vacancy did not occur during a recess the president cannot fill it, period.

Let us suppose that a court does not rule this way (and some past rulings might run counter to it). Referring to my trusty Constitution, I see this under Article I, Section 5, Paragraph 2:

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.

The US Senate has a website that spells out what a pro forma session is and how it relates to the last paragraph of Section 5. That section reads:

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.

And the Senate site explains it this way:

This section was included to prevent either chamber from blocking legislation through its refusal to meet. Each chamber takes very seriously its independence of the other body. To avoid having to ask the other chamber for permission to adjourn, the Senate and House simply conduct pro forma (as a matter of form) sessions to meet the three-day constitutional requirement. No business is conducted at these sessions, which generally last for less than one minute.

Additionally, the Senate explains that pro forma sessions occur, last a few minutes, and no business is conducted:

Pro Forma Session: A pro forma session is a brief meeting (sometimes lasting only seconds) in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.

There is no doubt that pro forma sessions are part of business and are recognized as such. It is also evident that they are held so that one chamber does not have to ask the other to adjourn which means they have NOT adjourned. The methods for recess in the Senate are as follows:

In the Senate, the Chair has no inherent authority to declare recesses. Recesses are accomplished only (1) by the full body giving unanimous consent to hold recesses “subject to the call of the Chair,” or (2) by adopting a motion to recess, offered by any Senator from the floor. Wiki Answers

The best I can figure from reading the Congressional Record for the month of December (you have to search with the month parameters), the Senate did not motion for a recess and has been adjourning every three days. I also note that some of the Senators who held the sessions were Democrats. It is possible the Senate adjourned three days at a time because the House was still in session debating the tax cut extension and the Senate did not want to ask permission to adjourn (under the Constitution) so it held pro forma sessions and most Senators left town. Since they never adjourned a quorum to motion for a recess they have been in pro forma sessions every three days. It is interesting to note that the Senate did this because it was unlikely the House would have granted permission to adjourn. It wanted to remain and hash out the tax cut bill. The Senate passed its version and did not want to stay so it used pro forma sessions to avoid having to ask. The leadership of the Senate (Democrats mind you) is responsible for the Senate not being in recess. Don’t expect to see this on the liberal media. They have to blame it all on Republicans.

There is not doubt that these kinds of sessions are the practice of the House and Senate as part of their procedures (procedures they are Constitutionally authorized to enact) so I cannot see how King Hussein is able to do a recess appointment. He does not get to decide if they are in recess or not, they do.

So it looks like Hussein has bombed on several issues of the Constitution. Wasn’t he allegedly a Constitutional law professor?

Of course I am no lawyer and this will have to be settled in the courts. No matter how it all turns out things are going to get uglier than they already are, if that is even possible.

I believe, as do many who have looked at this, that King Hussein has overstepped his authority and has usurped the Constitution.

NPR has an interesting article about it

*If he is going to act like a dictator I will address him as one.

Cave canem!
Never surrender, never submit.

Tags: adjourn, constitution, king barack hussein, lies, recess appointment, Senate

Classic Filibuster

Dec 10, 2010 Political

Bernie Sanders, as I write this, has been talking for 6+ hours on the Senate floor to prevent voting on, well, anything. While he’s babbling on about how wonderful socialism is, and how bad it is that any people have something that others don’t, I love the classic filibuster. That’s how you’re supposed to filibuster — get up there and talk. The “new” filibuster, where a Senator just claims they’re doing it is crap. Keep babbling, Bernie!

I hope he goes for a week so they can’t get anything done. The less they do, the better off (in general) people are.

Tags: bernie sanders, filibuster, Senate

Now It Is Our Turn To Speak

Nov 2, 2010 Political

For the past two years we have listened to the politicians who have refused to listen to us. They ignored the will of the people and conducted a one way conversation by telling us what they were going to do, when they were going to do it, and how much we would like it. They also spelled out how great it would all be.

For the past half year or so we have been barraged with political ads and non stop campaigning as they once again spoke to us and told us why they deserved to be sent back to DC. Many of them ran from their records and many shunned new candidates as out of touch morons who did not understand how the process works. The establishment politicians from both sides have tried to disparage those who decided to, as Obama might say, get some skin in the game.

We have been forced to listen to them and they have refused to listen to us. In fact, they ignored us and now it is time for us, We the People, to have our say.

Today is election day across this nation and after months and months of listening, we get to speak. It is our turn and we will be heard.

Get out and vote. Vote your conscience and vote for candidates who espouse your points of view. Remember those politicians who refused to listen to you because today is the day they must listen to you.

Finally, you will be heard, loud and clear.

For those of you in Maryland, now is your chance to get rid of Martin O’Malley. He is a slick talking snake oil salesman who harps about his opponent raising taxes and fees while ignoring that he raised our sales tax 20%. Martin O’Malley is responsible for the largest tax increase in our history. If Robert Ehrlich’s increased fees are tantamount to rasing taxes (a position with which I, in part, agree) and mean he should not be governor then O’Malley’s largest tax increase in history disqualifies him as well.

O’Malley promised to fix the electric rate increase and it went up 75%. That was all on him. He raised taxes in many areas and he has taken a budget surplus and turned it into a deficit.

Barbara Mikulski has got to go. This Senator claims, in her ads, that they (you know, those other people in DC) like to spend your money bailing out the big guys and she thinks it should go to you. She is one of the “they” that votes to send your money to the big guys. She has voted for all the measures that spent your tax dollars on others, contrary to her claims. In one Mikulski ad she claims to be known as a cheapskate. Perhaps that is so but only when it involves her own money. When it is our money, she is quite generous with it.

Mikulski claims that “they” wanted to take away mammograms and other screenings for women but she changed the law. Insurance companies cover those things. It was the negotiations for Obamacare that removed many items and Barb claims she changed the law. No, she wrote the women’s care amendment for Obamacare so she did not change any law. She changed part of a bill. She also wrote portions dealing with birth control in vague terms to avoid objection and cloudy the issue.

Barbara Mikulski is a DC politician and she is a big tax and spend liberal. No matter how she tries to portray herself, that is what she is. The only time we ever see her is around election time. Like all other politicians, she does not listen to us but she expects us to listen to her.

The last race is in the 1^st Congressional District. Frank Kratovil has not served the people of his district and he needs to be replaced by someone who holds the same values as the people living here. Andy Harris is a decent, honest conservative who will listen to the people of the District and govern with conservative values. He is a physician and a veteran and he will be a true representative of his constituents. I know Andy and he is a decent man who deserves and needs your vote.

There are plenty of local offices that have been held by Democrats for decades and they need to go as well. They have run this state into the ground. It is time to throw them out and start with a fresh group.

You folks have a chance to do right by the state and you can do so by voting the entrenched Democrats out. While we are at it, we have a chance to get rid of Steny Hoyer. Charles Lollar is a great conservative with lots of business and military experience. If you are in his district, give him a chance.

America, and particularly the people in my state of Maryland, today is the day you get to speak. Let them know that you do not appreciate them not listening to you. Let them know that you are their bosses and that they did not listen to you so you have no intention to listening to their pleas for reelection.

America, it is time to be heard.

Get out and vote.

UPDATE: Be sure to comment and tell us who you want to see elected, who you want to see defeated and why…

Cave Canem!
Never surrender, never submit.

Tags: Congress, DC, election, lies, Maryland, Senate, voice

The 17th Amendment

Sep 29, 2010 Commentary, Political, tea party

So, which of you good readers know, without looking it up, the 17th amendment? No, don’t worry, I won’t expect everyone to know every amendment, I was just wondering. And so you won’t have to look it up, here it is:

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

Yes, that’s the first part of it, but it’s the part I’d like to comment on today. And my comment?

That stinks.

I’m sure most people today don’t understand the process that made the election of Senators direct — but look at how it effects government today. The US Senate, primarily, passes laws that spend money (other people’s money). And in a large number of those cases, they direct states to spend money — not caring if the states actually have any money. And this gives the governments in the states the ability to say, “Gee, sorry working people, we HAVE to raise taxes to pay for this program we’re required to have.”

That could change if the Senators then had to head home and answer to the legislators who elected them. No, it wouldn’t be a perfect system, but it would be better than what we have now. Currently, US Senators are rich bodies who fill seats for the national parties and large special interest groups (businesses, unions, etc.). No Senator really gives a damn about anything that happens to people in their own state. This can be seen, obviously, if one cares to look. Take a look at Alaska, where everyone assumed that the political royalty would just stay elected (Murkowski). Then, when something happened and she didn’t win, suddenly the National Democrat Party was interested in the Senate election in Alaska. Not one person in the National Democrat Party cares about a thing in Alaska — but now that they perceive that they have a chance to get a seat from Alaska, they’re interested. And the Republican Party, after seeing their anointed lose, refuse to do anything about it (see: Republican Party doesn’t remove now ex-Republican Murkowski from any leadership positions). Again, they’re more interested in the warm body that they can claim as their own.

I wonder if enough Tea Party candidates win, if this amendment would have a chance of being removed.

Tags: 17th amendment, Senate

The Democrats Need To Huddle

Aug 22, 2010 Political

Looks like the Democrats need to get in a huddle and get the game plan set so they are all on the same sheet of music. While Joe Biden is out blaming George Bush and the Republicans for the country’s problems (they inherited a mess you know) Barack Obama is out blaming Congress. In this instance Obama is closer to the truth than Biden.

George Bush was president when things went bad but they did not go bad until the Democrats took over Congress. They have been in charge of both chambers since 2006 and the country rapidly deteriorated since that time.

I know there is an election coming and I know the Democrats are set to lose quite a few seats and possibly both chambers of Congress but they need to get their act together. Biden is predicting that his party will not lose control as he is expected to but it helps little when Obama is blaming the inaction of Congress for problems, a Congress controlled by his party.

My prediction, and it is at odds with Biden’s, is that the Democrats will lose the House and I am betting even odds that they will lose the Senate.

This might be best for Obama (and might explain why he blamed Congress) because a Republican Congress will make him look good as it did Clinton. Bill Clinton gets a lot of credit for things that were done as a reult of the actions of a Republican Congress and having a Republican Congress is probably why he got a second term.

Obama might be hoping to be so lucky and all indicators are that he will at least get the same opportunity Clinton had because despite Biden’s cheery outlook, the Democrats will lose control of the House.

I might be wrong though. After all, Biden was the one who called this the Summer of Recovery…

And we see how that is working out.

Sources:
al-Reuters
LA Times

Cave Canem!
Never surrender, never submit.

Tags: biden, control, house, midterm election, Obama, Senate