A Senate Preparing for Minority Status...

polifrog



WSJ:

It does not matter, constitutionally, that congressional Republicans have abused their authority by refusing to confirm qualified nominees—just as congressional Democrats did in the previous administration. Governance in a divided system is by nature frustrating. But the president cannot use unconstitutional means to combat political shenanigans. If the filibuster is a problem, the Senate majority has power to eliminate or weaken it, by an amendment to Senate Rule 22. They just need to be aware that the same rules will apply to them if and when they return to minority status and wish to use the filibuster to obstruct Republican appointments and policies.

This points to either the weakness of the current Democrat controlled Senate or a Senate that sees itself as a soon to be minority.

Given the recent Obama-Pelosi-Reid  style of governance which indicates a willingness by the Senate  to govern beyond convention,  I lean toward the latter.




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So, Why Doesn't the Senate Recess?

polifrog


It would be awfully convenient for Obama if it did.

Heritage has the answer:

The Constitution, in Article I, section 5, plainly states that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives did not consent to a Senate recess of more than three days at the end of last year, and so the Senate—consistent with the requirements of the Constitution—is having pro forma sessions every few days. In short, Congress is still in session, and no one in Congress is saying (or can reasonably say) otherwise. It does not matter a wit that most Members of Congress are not in town voting on legislation, because ending a session of Congress requires the passage of a formal resolution, which never occurred.

So, yeah. We have constitutional law professor, an academic, for a President who naturally believes himself above that which he studies; in this case the Constitution.





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When One Branch Feels it is the First Among Equals....

polifrog




Recess appointments are made when the senate is in recess.  Obama's recent appointments were, made when the senate was not in recess.

Therefore the appointments of  Richard Cordray and others  are simply appointments made without the consent of the senate.

And that makes Obama's move an unconstitutional power grab from the representatives of we the people.

No nuance here.




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