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  1. #1

    Barack Obama Violates the Constitution

    It's not surprising that a thread hasn't been started on this news item.

    I realize it's not PC on CEP to talk about awkward or uncomfortable subjects. I wonder how long this thread will be viewable.

    A federal appeals court ruled Friday that President Barack Obama violated the Constitution in filling labor board vacancies, a decision that could reshape a long-standing practice by U.S. presidents to make recess appointments.


    Even though the WH says that the they did no wrong and other Presidents have done the same thing for 150 years -- Obama did something different -- he made the appointments when the Senate was still in session.

    While the plaintiff's case centered on those sessions, the court went a step further, declaring that Mr. Obama's appointments fell outside the bounds of his authority. It ruled that the Constitution's description of a recess refers only to the period between the roughly yearlong formal "sessions" of Congress, rather than during an effective break in proceedings. In this case, the Republicans contend Congress started a new session on Jan. 3, and Mr. Obama made the recess appointments on Jan. 4.
    http://online.wsj.com/article/SB1000...492524536.html

    None of the appointees were ever brought up for approval by the Senate.

    Obama tried to pack the NLRB. FDR tried to pack the Supreme Court. We don't need politicians like this around.

  2. #2

    Re: Barack Obama Violates the Constitution

    It's those activist judges.

    According to the linked article:

    Mr. Obama has made 32 recess appointments, compared with 171 by Mr. Bush and 139 by Mr. Clinton.
    Friday's opinion, by Judge David Sentelle, is directly at odds with a 2004 decision by the 11th U.S. Circuit Court of Appeals, in Atlanta, which upheld Mr. Bush's recess appointment of a federal judge against a similar challenge.
    Laughable:

    Mitch McConnell, the Senate Republican leader, said the court "reaffirmed that the Constitution is not an inconvenience, but the law of the land."
    But it says:
    The Constitution allows a president to unilaterally install nominees to positions that normally require Senate confirmation when the Senate is in recess.
    but republicans (as usual) are cheating.
    Republican lawmakers held minutes-long meetings every few days, and lawyers for the plaintiffs argued that meant the chamber was technically in session.
    It the republican corruption in the same vein as their voter fraud. When will they learn they were soundly rejected by the voters last November?

  3. #3

    Re: Barack Obama Violates the Constitution

    The Senate was still in session when Obama made the appointments.

    He's been found guilty of violating the law.

    Quote Originally Posted by CowboyBob View Post
    It's those activist judges.

    According o the linked article:





    Laughable:



    But it says: but republicans (as usual) are cheating.

    It the republican corruption in the same vein as their voter fraud. When will they learn they were soundly rejected by the voters last November?

  4. #4

    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by Jack Springer View Post
    The Senate was still in session when Obama made the appointments.

    He's been found guilty of violating the law.
    Republicans cheating. That should have been your thread title.

    "Republicans try to stop President Obama from making recess appointments by holding fake sessions"

    Were you this upset when Bush did it? Please start a thread on that.

  5. #5
    GiancarloC
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    Re: Barack Obama Violates the Constitution



    Another faux outrage thread... Obama went around a rule to make some appointment as republicans were dragging their feet. Big f-king deal. He was not found guilty of doing anything wrong. All the judge ruling was reverse a potential OPTION for President's to exercise. Prior Presidents did this same thing. This is just faux outrage in a weak attempt to claw at Obama.

    Yea prior Presidents did this same thing and suddenly it's an issue if Obama does it.

    This thread blatantly ignores history in a weak attempt to accuse Obama of being a criminal. It's nothing more than malarkey.

    For the right winger... it's okay if a republican violates the law repeatedly and exercises a LONG STANDING OPTION, but if Obama exercises that option they want to put him on trial. Obama didn't violate the law. The court simply reversed an OPTION that was always there.
    Last edited by GiancarloC; January 28th, 2013 at 04:49 PM. Reason: typos

  6. #6
    mitchymo
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by Jack Springer View Post
    The Senate was still in session when Obama made the appointments.

    He's been found guilty of violating the law.
    Or in the rational mind, 'technically broke the rules'.

    Geez, if this is the kind of thing getting people wound up, you need to start lobbying for some more holiday entitlement. Would it be so bad for your employers to give you a couple paid days off so you can CHILL.

  7. #7
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by palbert View Post
    [Quoted Post: Removed]
    Your source:

    Such appointments—which bypass Senate approval to install top administration personnel—have been used by presidents for at least 90 years. But in the past two decades, Presidents George W. Bush and Bill Clinton ratcheted up use of the tactic to avert congressional obstacles. Friday's decision, if it holds, would restrain that power.
    I think your own source keeps my comment on topic.
    Last edited by opinterph; January 29th, 2013 at 02:55 PM. Reason: removed text quoted from deleted post

  8. #8
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by palbert View Post
    Your source:



    I think your own source keeps my comment on topic.
    90 years, but if Obama does it put him in jailllllll! IMPEACH IMPEACH IMPEACH! He used an option that Presidents have used for 90 years... but he's the black man... and lets start to the impeachment process

    Seriously, the ruling never found that Obama broke the law so the thread title is false. It found one option for the executive to make appointments as invalid. This decision could be reversed in a different court room... as I'm sure it'll be appealed.

  9. #9

    Re: Barack Obama Violates the Constitution

    The title of this thread and the title of the linked article are wrong. Springer linked to an article: Court Throws Out Recess Picks but if these picks were made when there was no recess then President Obama didn't violate the constitution. A court just threw out the picks. Both the OP and the writer of the headline have an agenda.

    How about the headline "The Court threw out the Non-Recess picks".

    It's just another fake scandal dreamed up by the Obama-haters.

    Sorry to rain on your parade Springer.

  10. #10
    CE&P Secret Police xbuzzerx's Avatar
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    Re: Barack Obama Violates the Constitution

    Weren't recess appointments practically the rule under the previous administration, rather than the exception?

    I felt like I was hearing about ninja recess appointments every other month.

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    Virtus in medio stat JUB Admin opinterph's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by xbuzzerx View Post
    Weren't recess appointments practically the rule under the previous administration, rather than the exception?

    I felt like I was hearing about ninja recess appointments every other month.
    The decision addresses that implication:

    Finally, we would make explicit what we have implied earlier. The dearth of intrasession appointments in the years and decades following the ratification of the Constitution speaks far more impressively than the history of recent presidential exercise of a supposed power to make such appointments. Recent Presidents are doing no more than interpreting the Constitution. While we recognize that all branches of government must of necessity exercise their understanding of the Constitution in order to perform their duties faithfully thereto, ultimately it is our role to discern the authoritative meaning of the supreme law.

  12. #12

    Re: Barack Obama Violates the Constitution

    Bush and other US Presidents made recess appointments but they made them when the Senate was not in session. There is a big difference Bob, I know you understand this.

    Quote Originally Posted by CowboyBob View Post
    Republicans cheating. That should have been your thread title.

    "Republicans try to stop President Obama from making recess appointments by holding fake sessions"

    Were you this upset when Bush did it? Please start a thread on that.

  13. #13

    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by GiancarloC View Post


    Another faux outrage thread... Obama went around a rule to make some appointment as republicans were dragging their feet. Big f-king deal. He was not found guilty of doing anything wrong. All the judge ruling was reverse a potential OPTION for President's to exercise. Prior Presidents did this same thing. This is just faux outrage in a weak attempt to claw at Obama.

    Yea prior Presidents did this same thing and suddenly it's an issue if Obama does it.

    This thread blatantly ignores history in a weak attempt to accuse Obama of being a criminal. It's nothing more than malarkey.

    For the right winger... it's okay if a republican violates the law repeatedly and exercises a LONG STANDING OPTION, but if Obama exercises that option they want to put him on trial. Obama didn't violate the law. The court simply reversed an OPTION that was always there.
    It was a federal court that said what he did was illegal.

    You're ignoring the specifics. These people were never nominated.

  14. #14
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Bullshit!

    I did look at the specifics. This option was applied by Presidents over 90 years. Those were recess appointments. The court never said what he did was illegal, they said the option was invalid. Look at the fucking decision please.

    PRESIDENTS HAVE BEEN APPOINTING PEOPLE THIS WAY FOR 90 YEARS AND I DEMAND PROOF OTHERWISE. Put up, or stop making the phony argument that he broke the law when he never did that and the Court never said he did.

    The senate wasn't in session when Obama made these appointments. And I'll repeat it again: THEY WERE NOT IN SESSION.

    Next time don't cite some op/ed article distorting the facts.

  15. #15
    JockBoy87
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    Re: Barack Obama Violates the Constitution

    Recess appointments are not unheard of, but there is a valid question about their constitutionality.

    Then, there is also a valid question as to the duty of the Senate to do their jobs, and their breach of it.

  16. #16

    Re: Barack Obama Violates the Constitution

    You're ignoring the fact that Obama made the recess appointments when the US Senate was still in session.

    Quote Originally Posted by GiancarloC View Post
    Bullshit!

    I did look at the specifics. This option was applied by Presidents over 90 years. Those were recess appointments. The court never said what he did was illegal, they said the option was invalid. Look at the fucking decision please.

    PRESIDENTS HAVE BEEN APPOINTING PEOPLE THIS WAY FOR 90 YEARS AND I DEMAND PROOF OTHERWISE. Put up, or stop making the phony argument that he broke the law when he never did that and the Court never said he did.

    The senate wasn't in session when Obama made these appointments. And I'll repeat it again: THEY WERE NOT IN SESSION.

    Next time don't cite some op/ed article distorting the facts.

  17. #17

    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by Jack Springer View Post
    Bush and other US Presidents made recess appointments but they made them when the Senate was not in session. There is a big difference Bob, I know you understand this.
    Back and forth.... back and forth.....

    Senate in session? Meetings lasting a few minutes every few days? Republican cheating. Read the fine print.

    And your title is still wrong. YOUR President didn't violate the constitution.

    Who was against the appointments? The republicans, especially Utah Senator Mike Lee.

    http://www.sltrib.com/sltrib/politic...court.html.csp

    I know you don't understand this.


    The way this party is continuing to act they will be a footnote in history in the not too distant future.


    Quote Originally Posted by Jack Springer View Post
    You're ignoring the fact that Obama made the recess appointments when the US Senate was still in session.
    According to you, if they were still in session they WEREN'T recess appointments.

    Think before you type Springer.

  18. #18
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by Jack Springer View Post
    You're ignoring the fact that Obama made the recess appointments when the US Senate was still in session.
    But they weren't. Try again! And this has been done many times in the past... and suddenly it's an issue now. Gee... I wonder why.

    Got anymore faux outrage for us? This court decision will probably be reversed on appeal anyways.

  19. #19
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by CowboyBob View Post
    Back and forth.... back and forth.....

    Senate in session? Meetings lasting a few minutes every few days? Republican cheating. Read the fine print.

    And your title is still wrong. YOUR President didn't violate the constitution.

    Who was against the appointments? The republicans, especially Utah Senator Mike Lee.

    http://www.sltrib.com/sltrib/politic...court.html.csp

    I know you don't understand this.


    The way this party is continuing to act they will be a footnote in history in the not too distant future.
    He just relies on distortions. The Senate wasn't in session... and meeting lasting a few minutes every day is just a lame ass attempt to entrap the president. It'll fail. The President never broke or violated the law or the constitution.

  20. #20
    Virtus in medio stat JUB Admin opinterph's Avatar
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    Re: Barack Obama Violates the Constitution

    I think this could be a very interesting discussion, if we find a way to set aside the identity of the current president long enough to examine the underlying theory and implications of this ruling from the DC Court of Appeals.

  21. #21
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by Jack Springer View Post
    [Quoted Post: Removed]
    Oh just keep it up... keep on personally attacking me.

    The entire argument is a failure. The President didn't break the law or violate the constitution. And msot of the republicans and right wingers on here hate the President so much they'll try presenting a fallacious argument.

    I already did watch the fucking interview. Your argument has no basis and it has no evidence to it. The Senate was not in session and stating there were meetings (which were just a few minutes long) doesn't constitute a basis for that argument.

    And news sites I normally read aren't right wing hackery sites like WSJ and Faux News.

    I guess logical reasoning is just a terrible concept! Maybe some in this country should do their job and THINK LOGICALLY.
    Last edited by opinterph; January 29th, 2013 at 02:58 PM. Reason: removed verbiage quoted from another poster

  22. #22
    Rambunctiously Pugnacious JayHawk's Avatar
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    Re: Barack Obama Violates the Constitution

    He was found guilty by a political activist judge trying to write law from the bench. The SCOTUS will put this to rest very easily. I sincerely doubt they will uphold the right of the republican party to destroy our government by refusing to do anything and playing petty games with Senate Sessions. Until then nothing has really been decided has it?

    Otherwise if you go from simply carte blanche acceptance of inferior courts that means DOMA has already been thoroughly crushed and Gay Marriage is legal in California.

    So Jack do you now agree those things are completely done and decided and your henchmen should back off?
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  23. #23
    Sex God tigerfan482's Avatar
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    Re: Barack Obama Violates the Constitution

    http://www.senate.gov/CRSReports/crs...B%20P%20%20%0A

    There is a great link explaining recess appointments, what it means for the Senate to be in recess, what the constitutional questions are, etc. I'd suggest giving it a read.

    In this particular case, the Supreme Court has not weighed in before on recess appointments. The Constitution clearly allows them, but is very vague on how long the Senate has to be in recess before they can be made. I'm interested to see if the Supreme Court takes this up or not. I don't think any ruling will stand until the Supreme Court decides it.

  24. #24
    Virtus in medio stat JUB Admin opinterph's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by tigerfan482 View Post
    I don't think any ruling will stand until the Supreme Court decides it.
    What would cause the ruling to come before the Supreme Court?

  25. #25
    Rambunctiously Pugnacious JayHawk's Avatar
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    Re: Barack Obama Violates the Constitution

    Good link, TigerFan

    And I agree in a tiff between the Other Two Branches of our Government the only viable authority is the SCOTUS. Checks and balances. A very sympathetic to the cause judge made this ruling. The SCOTUS will not be so rash in becoming a political pawn.
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  26. #26
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by opinterph View Post
    What would cause the ruling to come before the Supreme Court?
    You don't think the Executive will challenge the republican party doing irreparable damage to Executive appointments and the agencies they directed?

    Everything done since that persons appointment would be invalid. Every labor dispute resolved since the appointment would be forfeit. I am thinking a challenge is forthcoming.
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  27. #27
    Virtus in medio stat JUB Admin opinterph's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by opinterph View Post
    Quote Originally Posted by tigerfan482 View Post
    I don't think any ruling will stand until the Supreme Court decides it.
    What would cause the ruling to come before the Supreme Court?
    Quote Originally Posted by JayHawk View Post
    I am thinking a challenge is forthcoming.
    Will the ruling stand if there is no challenge?

  28. #28
    Virtus in medio stat JUB Admin opinterph's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by JayHawk View Post
    He was found guilty by a political activist judge trying to write law from the bench.
    The decision did not include the phrase “violates the Constitution.”

    The Chief Judge of the United States Court of Appeals for the District of Columbia Circuit and two Circuit Judges heard the argument. Which one of those is the “political activist judge trying to write law from the bench?”

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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by opinterph View Post
    Will the ruling stand if there is no challenge?
    I am sure it will. If the party ruled against agrees and then pulls their appointee and cancels all activity officiated by the erroneously appointed ..... I just don't see that happening. I remember the discussion when he made the appointment. Obama is a lawyer as are most the people he works with day in and day out. Do you think he will simply roll over and agree he was completely wrong?

    Quote Originally Posted by opinterph View Post
    The decision did not include the phrase “violates the Constitution.”

    The Chief Judge of the United States Court of Appeals for the District of Columbia Circuit and two Circuit Judges heard the argument. Which one of those is the “political activist judge trying to write law from the bench?”
    I was being incendiary. It plays well here usually. Although the matinee is better on the weekends.
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  30. #30
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by opinterph View Post
    The decision did not include the phrase “violates the Constitution.”
    Since it didn't this thread is misleading.

  31. #31
    JockBoy87
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    Re: Barack Obama Violates the Constitution

    The United States is a common law country. Not only isn't it disallowed, it's the duty of the judiciary to legislate the common law from the bench.
    Last edited by JockBoy87; January 28th, 2013 at 10:39 PM.

  32. #32
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    I thought the role of the judiciary was to interpret the law, and not to legislate it. But perhaps I'm a bit rusty as it has been a few years since I last took my constitutional law class.

  33. #33
    JockBoy87
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by GiancarloC View Post
    I thought the role of the judiciary was to interpret the law, and not to legislate it. But perhaps I'm a bit rusty as it has been a few years since I last took my constitutional law class.
    The Constitution doesn't dictate our legal system; it is customary.

    Without the common law, or legislation from the bench, there can be no equity, a system we inherited from Medieval England.

    However, statute can derogate the common law because the former is mandatory authority.

  34. #34
    loki81
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    Re: Barack Obama Violates the Constitution

    I like how this thread went exactly 1 post before devolving down into "but Bush did it too..."

    this decision is kind of a big deal, but it's a safe bet that it will be appealed. it basically neuters the power of the recess appointment, which I'd probably support if Republican and Democratic congresses alike were capable of ensuring up-or-down votes on nominees.

  35. #35

    Re: Barack Obama Violates the Constitution

    I think all nominees deserve an up or down vote. ... but there are Senate rules.

    Quote Originally Posted by loki81 View Post
    I like how this thread went exactly 1 post before devolving down into "but Bush did it too..."

    this decision is kind of a big deal, but it's a safe bet that it will be appealed. it basically neuters the power of the recess appointment, which I'd probably support if Republican and Democratic congresses alike were capable of ensuring up-or-down votes on nominees.

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    Rambunctiously Pugnacious JayHawk's Avatar
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    Re: Barack Obama Violates the Constitution

    It isn't Senate rules that are in contention. It is the guidelines set about by our constitution. I doubt the forefathers envisioned a technology that would allow Senators to stay in Washington and have meetings that last a few moments just so they can prevent the executive from acting. Likewise I doubt they intended for the Executive to routinely exclude the legislative in their constitutional duty to approve appointees. It is rather childish wouldn't you think?

    Although if you look at the speed of which Immigration reform is moving then it becomes clear that when those folks are actually interested in doing something positive for the American people instead of for themselves then things can be accomplished.
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  37. #37
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    Re: Barack Obama Violates the Constitution

    Are there still any Bush era appointments that are still in office that can be removed due to them being 'unconstitutional'?


  38. #38
    boom boom chaos maker crimsonpaine's Avatar
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    Re: Barack Obama Violates the Constitution

    Democrats used pro forma sessions to keep Bush from making recess appointments. Why is it okay for them to have done that when we had a Republican in office, and now not okay for Republicans to do the same thing now that we have a Democrat in office?

    Same with when Bush was in office, it was considered "Patriotic" to speak out against the administration. But now it's unpatriotic to speak out against the administration because it's a Democrat.
    I may be bad, but I'm perfectly good at it.



  39. #39
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by crimsonpaine View Post
    Democrats used pro forma sessions to keep Bush from making recess appointments. Why is it okay for them to have done that when we had a Republican in office, and now not okay for Republicans to do the same thing now that we have a Democrat in office?

    Same with when Bush was in office, it was considered "Patriotic" to speak out against the administration. But now it's unpatriotic to speak out against the administration because it's a Democrat.
    It's because Bush took this country into the gutter and the republicans here refuse to believe it, and Obama was trying to do something good for consumers in this case. But some in the GOP have their heads too far up the asses of big business to realize it. That's why. The quality difference between Bush and Obama is substantial... Obama was left to pick up the pieces from the Bush disaster. So it's entirely fair and patriotic to speak out against Bush.

    And the "speaking out" against Obama is based on strawman fallacies and logical errors... much like this thread which is false in its entirety. Obama never violated the constitution.

    Republicans are what is wrong with this country, and perhaps it's time people realize that. They are trying to block everything right. Obama is trying to do the right thing for us as the people. This decision will be appealed most certainly.

  40. #40
    Suck my dick, Scalia! FuryOfFirestorm's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by crimsonpaine View Post
    Democrats used pro forma sessions to keep Bush from making recess appointments. Why is it okay for them to have done that when we had a Republican in office, and now not okay for Republicans to do the same thing now that we have a Democrat in office?

    Same with when Bush was in office, it was considered "Patriotic" to speak out against the administration. But now it's unpatriotic to speak out against the administration because it's a Democrat.
    Uh...what? Did you just return from some Mirror Universe?

    During the Bush II years, criticizing GWB would elicit cries of "Traitor!" and "Unpatriotic!" from the Fox News set. Of course, those same people had no compunction of accusing Obama of being an illegal alien, a Muslim terrorist and/or a secret Communist homosexual.

  41. #41
    boom boom chaos maker crimsonpaine's Avatar
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    Re: Barack Obama Violates the Constitution

    You haven't answered why it's okay now. Just explained your opinion based on your ideology and dislike of bush.
    I may be bad, but I'm perfectly good at it.



  42. #42
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by crimsonpaine View Post
    You haven't answered why it's okay now. Just explained your opinion based on your ideology and dislike of bush.
    I did explain why. One was shit and the other one isn't. And that goes beyond just mere ideology. It's pretty factual. Look at what both did to the country... and in this case, Obama was looking out for the consumer. The question is loaded anyways.

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    boom boom chaos maker crimsonpaine's Avatar
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    Re: Barack Obama Violates the Constitution

    No you didn't. You says it good for Obama because you like Obama and wrong for bush because you don't like him. I understand that.

    But what's good for one is good another.
    I may be bad, but I'm perfectly good at it.



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    Suck my dick, Scalia! FuryOfFirestorm's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by crimsonpaine View Post
    You haven't answered why it's okay now. Just explained your opinion based on your ideology and dislike of bush.
    It's always been okay. It was OK when Reagan did it. It was OK when Bush I did it. It was OK when Bush II did it. But now that Obama is doing it, it's sudden "not OK". That's the issue.

  45. #45
    loki81
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    Re: Barack Obama Violates the Constitution

    it would seem logical to me to assume what whatever power you grant one President, the next is going to have as well, even if it's a President that you don't like.

    edit:

    Quote Originally Posted by FuryOfFirestorm View Post
    It's always been okay. It was OK when Reagan did it. It was OK when Bush I did it. It was OK when Bush II did it. But now that Obama is doing it, it's sudden "not OK". That's the issue.
    I don't think the "problem" is with the recess appointment itself, but rather, whether a pro forma session of the Senate counts as a recess or not.

    I don't think GWB's recess appointments were made during pro forma sessions, otherwise it probably wouldn't have been news when Obama did it.

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    Execuvette Rolyo85's Avatar
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    Quote Originally Posted by crimsonpaine View Post
    Democrats used pro forma sessions to keep Bush from making recess appointments. Why is it okay for them to have done that when we had a Republican in office, and now not okay for Republicans to do the same thing now that we have a Democrat in office?

    Same with when Bush was in office, it was considered "Patriotic" to speak out against the administration. But now it's unpatriotic to speak out against the administration because it's a Democrat.
    Your partisan drivel aside, to me both are equally whatever. The question that needs to be asked is why people are outraged by one thing when it's the other side's guy, but not outraged by the same thing when it's their own guy. I think anyone with that mindset is instantly discredited, unless he can provide context that would legitimately make the two things different.
    That we are capable only of being what we are, remains our unforgivable sin.
    - Gene Wolfe

  47. #47
    loki81
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by CowboyBob View Post
    [Quoted Post: Removed]
    the big deal is that the President made the recess appointment during a pro forma session of the Senate... this tactic started under Harry Reid, during which Bush didn't make recess appointments (though he did make them once Congress was officially in recess). here's a Daily Kos article about how awesome pro forma sessions are at thwarting the president and how GWB is spitting on the Constitution trying to ignore them -- http://www.dailykos.com/story/2007/1...ns-don-t-count

    the Constitutional question here, I'd think, is whether the President or the Senate gets to decide when they're in recess. if a pro forma session counts as a recess, can the next Republican president make recess appointments over any long weekend in the year, declaring it a recess?

    I'm on the fence, personally... as a Constitutional matter, I'd probably agree with this court that only the Senate can decide when they're in recess, and the founders probably envisioned recess appointments as a matter of emergency when Senators were weeks away from Washington on horseback. on the other hand, Republican and Democratic Senates alike need to stop fucking around on nominations and bring them to an up or down vote, in all but the most extremist of cases.
    Last edited by opinterph; January 29th, 2013 at 02:46 PM. Reason: removed verbiage quoted from another poster

  48. #48
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    The President didn't make the appointment during a session. A session happening for a "few minutes a day" is just republican cheating. It's just that simple. Other Presidents have done the same thing. I'm not on the fence of this. It'll be either the rules are changed or they aren't... but the President never broke the law or constitution as this thread ridiculously claimed.

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    JUB Addict maxpowr9's Avatar
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by loki81 View Post
    it would seem logical to me to assume what whatever power you grant one President, the next is going to have as well, even if it's a President that you don't like.

    edit:



    I don't think the "problem" is with the recess appointment itself, but rather, whether a pro forma session of the Senate counts as a recess or not.

    I don't think GWB's recess appointments were made during pro forma sessions, otherwise it probably wouldn't have been news when Obama did it.
    There needs to be a quorum of a simple majority [50 in the case of the senate] in order for any house to hold a session, even a pro forma. It's in the rules for the Senate [and the Constitution too]. Unless they can prove that 50 current office-holding senators at the time these supposed sessions happened were "present", the meetings technically did not take place.

  50. #50
    GiancarloC
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    Re: Barack Obama Violates the Constitution

    Quote Originally Posted by crimsonpaine View Post
    No you didn't. You says it good for Obama because you like Obama and wrong for bush because you don't like him. I understand that.

    But what's good for one is good another.
    Thanks for the partisan rhetoric. I did answer it. This has nothing to do with that. Address the topic. Other presidents have done the same thing, democrats and republicans... and all the sudden it's bad because Obama does it? I know the partisan rhetoric is hard for the GOProuders to ignore... but lets stick to the facts please.

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