Monday, January 9, 2012

Much ado over pro-forma sessions

Did President Obama violate the Constitution of the United States when he made recess appointments to the Labor Board, as well as the Consumer Protection Agency?  Republicans claim that he did, so let's examine that claim, and consider the question of whether Obama's "recess" appointments are Constitutional.

From the US Constitution, Article 2, Section 2:

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for,and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. 

OK, that's a given.  Advice and Consent. But what happens when the Senate refuses to do it's job, by refusing the Constitutional role of Advice and Consent?  We will get to that later on.  But first, let's get to the meat of the issue.  From Article 1, Section 5:

Neither House, during the Session of Congress, shall, without the Consent ofthe other, adjourn for more than three days,nor to any other Place than that in which the two Houses shall be sitting.

So the Republican-controlled House has not given it's consent to the Senate to adjourn.  Therefore, the Senate has been holding pro-forma sessions every 3 days, in which no business is conducted, other than providing an "appearance" that it is still in session.  But Obama, nevertheless, made his appointments.  Unconstitutional?  If you listen to Glenn Beck and company, yes.  But it seems that Glen Beck doesn't know as much about the Constitution as he would like people to believe.  He and Republicans seem to have conveniently forgotten this little part of the Constitution, namely Article 2, Section 3:

[The President] 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 correct.  On extraordinary occasions, the president may consider Congress adjourned."to such time as he shall think proper".  And what would be considered an extraordinary occasion?  The Senate refusing to do it's job, of course.  And there we have it.  Republicans can whine all they want about this, but if they attempt to take it to court, they will look like idiots..... Wait, they already look like idiots, in attempting to create much ado over pro-forma sessions, or in other words, much ado about nothing.

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