Dark Bilious Vapors

But how could I deny that I possess these hands and this body, and withal escape being classed with persons in a state of insanity, whose brains are so disordered and clouded by dark bilious vapors....
--Rene Descartes, Meditations on First Philosophy: Meditation I

Home » Archives » January 2006 » More Constitutional De-Construction underway...

[« Impeachment Issues...] [Legal Answers A-Plenty... »]

01/08/2006: More Constitutional De-Construction underway...

...and yet continuing Usurpation of Powers taking place under the bAdmin.

The Booman Tribune reports in this piece: Why Not Just Dissolve the Senate?:

”Much has already been written about President Bush's 17 recess appointments announced on Thursday, many of them extremely controversial. It's an old trick meant to get around those pesky Senate confirmation hearings.

Based on precedent, the appointments would expire at the conclusion of the next session of the Senate at the end of 2006. But this president, in an interpretation that can only be termed bizarre, is insisting that a one-minute ceremonial pro forma meeting of the Senate that occurred on Tuesday, January 3rd, represented the opening meeting of the second session of the 109th Congress, which he interprets as giving life to his recess appointments until the end of 2007 rather than 2006.

Largely lost amidst the outrage being expressed over the appointments themselves was an unusual twist reported without elucidation by the Associated Press and carried by hundreds of newspapers:

Under the Constitution, the president may avoid the Senate confirmation process and make appointments while the chamber is in recess. Such appointments usually are short-term, expiring at the end of next congressional session.

But because the Senate held a pro forma session Tuesday and then adjourned, the White House contends the second session of the 109th Congress has begun. Therefore, the White House believes Bush's nearly 20 recess appointments are valid until the following session, which won't conclude until the end of 2007.

You might well be excused if you did not know that the Senate was in session this past Tuesday. It wasn't covered by the media. No business was conducted. No legislation was enacted. The roll was not called. If it had been, there would have been no Senators present to answer "here."

[This procedural process] was included to prevent either chamber from blocking legislation through its refusal to meet.
In other words the White House is interpreting a procedural, entirely ceremonial, one-minute meeting of the two houses of Congress, designed to preserve the independence of the two bodies from one another, as giving the president a green light to make a two-year end run around the Constitutionally mandated role of the Senate to "Advice and Consent" in the appointment of Federal officials.
Moreover, the Bush interpretation that three-day technical adjournments between pro forma ceremonial meetings of the Senate constitute actual meetings and adjournments between which recess appointments can be made flies in the face of all precedent, as well as all mainstream interpretations of the Constitution.
Doesn't the Bush administration consider itself one that believes in a strict constructionist interpretation of the Constitution?

If the Senate allows the Bush administration's view that these are valid two-year recess appointments to prevail, they will be ceding unprecedented (and very likely unconstitutional), power to the Executive Branch -- not to mention abrogating their own right and responsibility to "advice and consent."

Perhaps even some Republicans in this most partisan of Congresses will finally stand up to this White House's blatant usurpation of the powers bestowed upon it by our Constitution. If not it may be time to ask whether we still live in a democracy.

The bAdmin making Constitutional interpretations which “flies in the face of all precedent, as well as all mainstream interpretations of the Constitution.” Extra-Constitutional views emanating from THIS President?

Shocking! Disturbing! Extraordinary! But somehow *vaguely familiar.* Where have I heard this all this before??? Hahahahha!

Karen on 01.08.06 @ 07:26 AM CST

[ | ]

January 2006

Archives of Blogger site
Archives: May '04-Feb '05
Archives: Feb-March '05

Powered by gm-rss

Len's sidebar:
About Len (The uncondensed version)
Memorial to a dear friend
Frederick W. Benteen
The Web of Leonards
The St. Louis Cardinals
The Memphis Redbirds
The St. Louis Browns
The Birdwatch
Hey! Spring of Trivia Blog
BlogMemphis (The Commercial Appeal's listing of Memphis blogs)
The Guide to Life, the Universe, and Everything
George Dubya Bush Blows
asshat.org (be sure to refresh your window for more "wit and wisdom" from Our Beloved Leader)
Taking the Fight to Karl
Main and Central (blog by, for and about veterans and their issues)
LordCo Centre
Kraftwerk: Chicago, 6/4/2005
My Chicago: Part One
My Chicago, Part Two
Millennium Park
Miscellaneous Chicago
Busch Stadium Tour and BoSox/Cards Game: 6/6/2005
St. Louis Cardinals Hall of Fame Museum
Len's All-Busch Stadium Team (and the voting results)

Len's extended blogroll:

Brock's Sidebar:
About Brock
The Agitator
Armchair Capitalists
Boing Boing
Brad DeLong
Crooked Timber
The Decembrist
Dispatches from the Culture Wars
Flypaper Theory
Heretical Ideas
John and Belle Have a Blog
Jon Rowe
Lawyers, Guns, and Money
Leiter Reports
LGF Watch
Literal Minded
Marginal Revolution
Matthew Yglesias
Oliver Willis
Orin Kerr
Political Animal
The Poor Man
Signifying Nothing
Unqualified Offerings

Moonbat Icon

Karen's Sidebar
About Karen
The Ig-Nobel Prizes
The Annals of Improbable Research
The Darwin Awards
EBaums World
Real Clear Politics
U.S. News Wire
Foreign Affairs
The Capitol Steps
Legal Affairs
Nobel Laureates for Change
Program On International Policy
Law of War
Sunday Times
Media Matters
Is That Legal?
Andrew Sullivan
Literal Minded
Jon Rowe
Freespace Blog
Thought Not
Publius Pundit
Blog Maverick
Rosenberg Blog
Crooked Timber

The Rocky Top Brigade:

A New Memphis Mafia

The Old Memphis Mafia

The liberal alternative to Drudge.

Get Firefox!

Explorer Destroyer

Take the MIT Weblog Survey

Heard the Word of Blog?

Len supports:
Operation Yellow Elephant:

"Because ranting is safer than enlisting"
Operation Yellow Elephant Blog

The Rebel Alliance of Yankee Haters
Blue Squadron (NL)
Babalu (Marlins)
Leaning Toward the Dark Side (Mets)
Ramblings' Journal (Cubs)
Mediocre Fred (Brewers)
Len Cleavelin (Cardinals)
Red Squadron (AL)
Obscurorama (Red Sox)
Frinklin Speaks (Mariners)
Steve Silver (Twins)
Steve the Llama Butcher (Red Sox)
Rob the Llama Butcher (Rangers)
MoatesArt (Red Sox)
Rammer (Tigers)
JawsBlog (Indians)
Ubi Libertas (Blue Jays)
Oldsmoblogger (Indians)
Mass Backwards (Red Sox)
Industrial Blog
Cry Freedom

Blogrings/Blog indexes/Blog search:
« ? Verbosity # »

Listed on Blogwise
Blogarama - The Blog Directory
Popdex Citations
Blog Search Engine

Greymatter Forums Weblog Commenting and Trackback by HaloScan.com
template by linear