Tag: Politics

Back in October, I wrote this article, Separation of Powers Game of Chicken, which discussed the use of pro forma sessions to block the president from making recess appointments. The reason I’m resurrecting this discussion is that Senate Majority Leader Harry Reid has scheduled these pro forma sessions over the holiday weekend to prevent President Obama from appointing Elizabeth Warren as head of the Consumer Financial Protection Board over the objections of Republicans. As with the blocking of Richard Diamond, an eminently qualified Nobel economist, to the Board of Directors of the Federal Reserve, it is Sen. Richard “no” Shelby (R-AL) who has said he will put a hold on Dr. Warren’s appointment if the president nominates her.

Republicans used the threat of a procedural blockade to make sure President Barack Obama wouldn’t be able to make recess appointments while the U.S. Senate is on a break next week, including naming Elizabeth Warren to head the Consumer Financial Protection Bureau.

Instead of allowing all senators and their staffs to leave Washington, Majority Leader Harry Reid scheduled “pro forma” sessions, in which the chamber officially opens for the day, then gavels to a close right away. That can be handled by two lawmakers and aides.

Any time the Senate breaks for four days or more, the president has the power to officially appoint a nominee for a limited period without having to wait for a confirmation vote.

snip

Reid, a Nevada Democrat, kept the Senate in pro forma sessions during the final months of Republican President George W. Bush’s administration to block him from appointing nominees that Democrats had refused to confirm.

If Reid hadn’t decided to quietly schedule pro forma sessions, another procedure could have publicly forced him to do so. The House is required to agree to Senate recesses, and concurs as a matter of routine.

Confused? Is Reid a Democrat? Or has he secretly gone over to the dark side? It is time for the president and the Democrats to put on their “man pants” and call out these faux sessions that are constitutionally not legal sessions. I will repeat the arguments of why these pro forma sessions are not constitutional and do not stop the president from making recess appoints.

Victor Williams, Assistant Professor at the Catholic University of America School of Law and an attorney, writing for the The National Law Journal makes the argument that the pro forma sessions every three days during recess are little more “than a game of separation-of-powers chicken”. There is nothing in the Constitution and Appellate courts have ruled that “there is no minimum recess time required for a valid recess appointment”.

But there is no minimum recess required under any law. The three-day minimum recess is fiction – as fake as are the Senate faux sessions. Better to begin with nonfiction – the Constitution.

In 2004, the U.S. Court of Appeals for the 11th Circuit ruled: “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” In Evans v. Stephens, the 11th Circuit, following prior 9th and 2d circuit rulings, broadly affirmed the executive’s unilateral recess commissioning authority during short intersession and intrasession breaks.

Even the Senate’s own Congressional Research Service reports: “The Constitu­tion does not specify the length of time that the Senate must be in recess before the President may make a recess appointment.” . . .

The president’s constitutional appointment authority cannot be trumped, or even limited, by Senate scheduling shenanigans. In fact and law, the 111th Senate is now dispersed to the four corners for six campaign weeks. Gaveling open, and then gaveling closed, a half-minute meeting of an empty chamber is not a legitimate break in the recess. A Senate quorum could not be gathered; neither legislative nor executive business could be conducted. Constitutional law demands substance over form.

The faux sessions only further expose the broken institution and its failed, dysfunctional confirmation processes.

At bottom, recess appointments are a matter of presidential will. In 1903, Theodore Roosevelt set the standard when he recess-appointed 160 officials during a recess of less than one day.

Mr. Williams points out that George W Bush’s failure to call this should not be Barack Obama’s.

Perhaps it is George W. Bush’s fault that the media erroneously reported that Obama’s recess appointment authority is lost. When majority leader Harry Reid first used the pro forma tactic against Bush over Thanksgiving, 2007, the 43rd president failed to push back.

Bush did not recess appoint for the remainder of his term despite calls for him to call Harry Reid’s bluff. A commissioning of even one noncontroversial nominee to a low level position would have asserted the executive’s prerogative. His failure to do so may be mistakenly interpreted as setting a precedent. It does not.

As I have noted on this site, Harry Reid appears to have gotten the better of George Bush; bluffing is a basic gambling skill for separation of powers and Texas Hold ’em.

This government is in need of a major shake up. It’s time that the President and the Democrats stood up for the people who put them in office. End the game, call the bluff.

The Republicans in the House have been so busy with the really important issue of finding new ways to restrict a woman’s right to choose that creating jobs were left to wait until now.

On day 141 since the GOP took control of the House Republicans finally released their jobs plan. It was a minor distraction from their laser-like focus on your uterus. Racel Maddow takes a look at waht they’re trying to do in the House and states like Louisiana, Georgia and Florida.

Because we aren’t going to let you get out from under it….

Thus spoke Anthony Weiner on on May 24th, laying out the Republican plan to replace Medicare with an inadequate voucher program:

Today, House Republicans brought another bill (HR 1216) to the House floor that does not address jobs and wastes time in a futile attempt to repeal part of the Affordable Care Act. House Democrats are staging a “mini-filibuster” by “striking the last word” allowing them five minutes of time to discuss their strong opposition to the Republican-passed budget which ends Medicare as we know it and forces seniors to pay over $6,000 more a year.

   Weiner: I move to strike the last word Mr. Chairman. Mr. Chairman, you may recall I was standing here approximately two hours ago waiting to speak with several other members on the efforts of my Republican friends to eliminate Medicare as we know it and for reasons that are known only to the Chair, I was denied the ability to do that. Well, I’m back. And just to review the bidding, here’s where it was before that order was made. We had the Chairman of the Republican Congressional Campaign Committee, a good man, a guy I like, stand down in the well and say, ‘Oh, no’ (and this by the way is someone who is elected by the Republican members to represent them in races all around the country) saying that the Ryan plan wasn’t a plan it was and I’m quoting here, “a construct to develop a plan” and he said the proposal is not a voucher program and then he said it was a one size fits all, that Medicare was draining our economy is what he said.

  Well, ladies and gentlemen, that might be the rationale for our Republican friends wanting to eliminate Medicare, but none of those things are true. It is not a ‘construct to develop a plan’ it is the proposal of the Republican party of the United States of America to eliminate Medicare as a guaranteed entitlement. If you don’t believe me, go get the book that they wrote, go get the budget that they wrote, go get the bill that they wrote.

h/t to Crooks & Liars for the transcript.

The Ryan Budget plan has failed in the Senate with 5 Republicans opposing it, the Republicans are still embracing the proposal to eliminate Medicare. They are in denial about the loss of NY-26, long a Republican stronghold. to Democrat Kathy Hochul. The sadder part is the White House has also missed the message

Joe Biden group to tackle Medicare and Medicaid: aide

Vice President Joe Biden and top lawmakers will examine government-run health plans on Tuesday as they try to work out a deal to raise the United States’ borrowing authority, a congressional aide said.

h/t Marcy Wheeler

It would appear that the White House is willing to sell out future seniors to give political cover for raising the debt ceiling.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Robert Reich: Paul Ryan Still Doesn’t Get It

Republican House Budget chief Paul Ryan still doesn’t get it. He blames Tuesday’s upset victory of Democrat Kathy Hochul over Republican Jane Corwin to represent New York’s 26th congressional district on Democratic scare tactics.

Hochul had focused like a laser on the Republican plan to turn Medicare into vouchers that would funnel the money to private health insurers. Republicans didn’t exactly take it lying down. The National Republican Congressional Committee poured over $400,000 into the race, and Karl Rove’s American Crossroads provided Corwin an additional $700,000 of support. But the money didn’t work. Even in this traditionally Republican district – represented in the past by such GOP notables as Jack Kemp and William Miller, both of whom would become vice presidential candidates – Hochul’s message hit home.

David Weigel: New York to Paul Ryan: Drop Dead

How much does Kathy Hochul’s victory over Jane Corwin owe to Ryan’s Medicare plan?

“Medicare! Medicare! Medicare!”

That was the chant in the union hall where Democrat Kathy Hochul declared victory last night, breezing past Republican Jane Corwin in a congressional election that was supposed to be closer. It reminded me of the fundraising e-mail Paul Ryan had sent out 11 days earlier for Corwin’s campaign.

“The playbook the Democrats and special interests have been using to attack me is being used right now in New York’s 26th District,” wrote Ryan. “As the New York Times has pointed out, my budget plan is at the center of the campaign.”

At a House sub-committee called TARP, Financial Services and Bailouts of Public and Private Programs, the sub-committee chair, Rep. Patrick McHenry (R-NC) rudely berated Dr. Elizabeth Warren who was called to testify before the sub-committee on matters concerning the new Consumer Financial Protection Board (CFPB). Dr. Warren had previously agreed to appear for an hour. When she prepared to leave to attend another scheduled meeting, McHenry abusively berated her because she could not wait for the two Republican committee members who were absent. He called her a liar with regard to agreement about her appearance and about her involvement in setting up the structure of the CFPB. Dr. Warren looked shocked but remained firm and ever the lady. They really hate smart, powerful women

The backlash has been rapid with McHenry’s Facebook page being taken over with harsh criticism of his behavior and demands that he apologize to Dr. Warren:

“Thank You Mr McHenry!

The complexity of the problems in our economy is causing many of the disenfranchised to incorrectly assume the elite will do the right thing.

But fortunately, we have leaders like you, with your blatant disregard for the facts, that clarify for the undecided, what the right course of action is. — Confirm Elizabeth Warren!”

“What a pathetic display of pig-headed machismo. To openly call a highly respected government official such as Elizabeth Warren a liar in the hopes of fallaciously discrediting her, CLEARLY illustrates the problem with the American government at present.

The liars, such as Mr. McHenry, are called “Saints” and “Defenders of the Constitution”, and the few brave warriors who fight on behalf of the people are marginalized and sidelined.

America, for the sake of your nation and the very survival of your culture, you cannot let this kind of behavior continue”

“You are disgrace to the office you hold. Even 12 year old students found your behavior offensive. Apologize.”

“Some of McHenry’s top donors…Wells Fargo, Goldman Sachs, JP Morgan Chase, Bank of America, Mortgage Bankers Association, Capitol One, Citigroup, & Mastercard….his ulterior motives against Elizabeth Warren and the Consumer Financial Protection Bureau REEK!”

McHenry’s baseless attacks and rudeness were so bad that another committee member, Rep. John Yarmuth (D-KY), used his time to apologize for the unprofessional, schoolyard behavior.

YARMUTH: I apologize to the witness, Dr. Warren, for the rude and disrespectful behavior of the chair. The snarky comments about a Senate race, and the questioning of your veracity when there is documented evidence that you are being totally truthful indicates to me that this hearing is all about impugning you because people are afraid of you and your ability to communicate in very clear terms the threats to our consumers and the threats to our constituents and possibly very, very effective ways to combat them. So I think, in one respect, I congratulate you for instilling such fear in the committee, on the majority side, and in some aspects, or segments, of the business community because they understand how effective you are in getting the message out to the American people.

In the meantime on the Senate side, Sen. Richard Shelby (R-AL) has said that Republicans will block ay nominee for the CFPB unless Democrats agree to change the agency’s structure and funding. More hostages, please.

Main St Insider was kind enough to post this video at Docudharma on Tuesday and provided many of the links to the up dates, also a partial transcript and the video of Rep. Yarmuth’s apology.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Wednesday is Ladies’ Day. Scroll down for the gentlemen.

Katrina Vanden Heuvel: Why Obama should appoint Elizabeth Warren

When the Senate goes on recess at the end of this week, President Obama should appoint Elizabeth Warren to direct the Consumer Financial Protection Bureau (CFPB). By making a recess appointment, the president can name the best qualified leader to head the new agency, while demonstrating he’s willing to stand up to Republican obstruction and Wall Street pressure. He’ll earn plaudits not only from the base of the Democratic Party that adores Warren but also from independent voters, who will be thankful for an advocate for consumers willing to stand up to the Wall Street lobby.

Given the mandate of the CFPB – to police “unfair, deceptive or abusive practices” of the financial world – anyone with a whit of sense knows that Elizabeth Warren is the best person to head the new agency.

Warren earned just renown for her path-breaking work on the financial pressures on middle-class families, while helping to develop consumer finance law as a professor at Harvard Law School. As head of the oversight panel that Congress established to provide independent review of the bank bailout, she challenged the secretive practices of the Treasury Department and helped provide Congress and citizens with a better sense of the extraordinary measures being taken to bail out the big banks. This pleased neither Treasury Secretary Timothy Geithner nor Wall Street.

Amy Goodman: Vermont, the Land of Healthy Firsts

Vermont is a land of proud firsts. This small New England state was the first to join the 13 Colonies. Its constitution was the first to ban slavery. It was the first to establish the right to free education for all-public education.

This week, Vermont will boast another first: the first state in the nation to offer single-payer health care, which eliminates the costly insurance companies that many believe are the root cause of our spiraling health care costs. In a single-payer system, both private and public health care providers are allowed to operate, as they always have. But instead of the patient or the patient’s private health insurance company paying the bill, the state does. It’s basically Medicare for all-just lower the age of eligibility to the day you’re born. The state, buying these health care services for the entire population, can negotiate favorable rates, and can eliminate the massive overhead that the for-profit insurers impose.

This country stands on the edge of no longer existing as the Founding Father’s envisioned in the Constitution. Congress is about to infer on the Executive branch unprecedented power to wage war anywhere, detain or assassinate anyone, anywhere without due process and continue the expansion of the national security and surveillance state. The renewal of the reviled Patriot Act, is slated to be passed by congress with bipartisan approval today. As Jon Walker so astutely observes:

The often praised “bipartisanship” is rarely ever the product of both parties coming together around what the people want, and almost always about using each other as cover to avoid electoral consequences for voting in opposition to the will of the electorate.

The controversial Patriot Act, a bill once despised by almost every Democrat, passed cloture in the Senate on Monday night by 74 to 8. As Glen Greenwald noted only bills in support of Israel get this kind of near unanimous support. Eight Senators voting against cloture were Independent Sen. Bernie Sanders, Democrats Jeff Merkley, Mark Begich, Max Baucus, and John Tester, and GOP Senators Lisa Murkowski, Rand Paul, and Dean Heller. Tester and Paul spoke out specifically, objecting to the most egregious parts of the bill and the need for reform.

I have to give Rand Paul credit here, demonstrating more integrity than Obama, since he is insisting on these reforms and will use delaying tactics to prevent the bill’s re-authorization without them despite threats from Sen Diane Feinstein, Chair of the Senate Intelligence Committee.

 Sen. Paul announced that he was considering using delaying tactics to hold up passage of the bill in order to extract some reforms (including ones he is co-sponsoring with the Democrats’ Judiciary Committee Chairman Sen. Leahy, who — despite voicing “concerns” about the bill — voted for cloture).  Paul’s announcement of his delaying intentions provoked this fear-mongering, Terrorism-exploiting, bullying threat from the Democrats’ Senate Intelligence Committee Chair, Dianne Feinstein:

   “I think it would be a huge mistake,” Feinstein told reporters. “If somebody wants to take on their shoulders not having provisions in place which are necessary to protect the United States at this time, that’s a big, big weight to bear.”

In other words:  Paul and the other dissenting Senators better give up their objections and submit to quick Patriot Act passage or else they’ll have blood on their hands from the Terrorist attack they will cause.  That, of course, was the classic Bush/Cheney tactic for years to pressure Democrats into supporting every civil-liberties-destroying measure the Bush White House demanded (including, of course, the original Patriot Act itself), and now we have the Democrats — ensconced in power — using it just as brazenly and shamelessly (recall how Bush’s DNI, Michael McConnell, warned Congressional Democrats in 2007 that unless they quickly passed without changes the new FISA bill the Bush White House was demanding, a Terrorist attack would likely occur at the Congress in a matter of “days, not weeks”; McConnell then told The New Yorker: “If we don’t update FISA, the nation is significantly at risk”). Feinstein learned well.

Paul and Sen. Patrick Leahy (D-VT) are preparing  to introduce an amendment to the PATRIOT Act that would phase out some of the most controversial components of the national security law but that may not happen. Senate Majority Leader Harry Reid is preparing to do an end run around Senate procedures by including the Patriot Act in another bill from the House that has already passed in the Senate but was amended in the House. David Waldman explains this better:

Harry Reid turned the Senate around in it consideration of the PATRIOT Act renewal. Instead of fighting it out on cloture on the motion to proceed to the bill, and then having to fight another cloture battle on the bill itself, he’s pulling a nifty parliamentary trick that allows him to skip on of the cloture fights. The House just got done passing S. 990, a small business bill, and has sent it back to the Senate, apparently amended in some way (although they passed it under suspension of the rules, which doesn’t permit amendments, so I missed whatever process they might have used to change it between receiving it on Monday and passing it on Tuesday).

At any rate, the bill having been amended, it now returns to the Senate for their approval of its new form. And here’s where the trick comes in: Reid will move to agree to the House amendment, but add just one more. That additional amendment will be… to remove the entire existing text and replace it with the text of S. 1038, the PATRIOT Act renewal bill they were just trying to get to the floor.

Why do that? Because although you can filibuster the amendment (or technically, the motion to concur in the House amendment with a further amendment), if you manage to get cloture on that and vote it through, it has the effect of sending a completed PATRIOT Act bill over to the House, with no second cloture vote needed.

It’s a nifty trick and I always admire it, but I wish it wasn’t happening with the damn PATRIOT Act.

It seems that Congress and the President are determined to continue shredding the Constitution by extending the Patriot Act another 4 years. I cry for this country.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Robert Greenwald: Secretary Clinton, Please Call Time on the Keystone Kochs

The fate of a hugely destructive tar sands oil pipeline, from which the Koch brothers will profit, hangs on Hillary Clinton’s decision

The fate of a hugely destructive tar sands oil pipeline, from which the Koch brothers will profit, hangs on Hillary Clinton’s decision

The proposed Keystone XL pipeline deals with what is called “dirty oil” tar sands. Tar sands production carbon dioxide emissions are three times higher that those of conventional oil. The amount of oil Keystone XL would carry is equal to the pollution level of adding six million new cars to our roads. Tar sands mining operations involve a vast drilling infrastructure, open pit mines, and toxic wasteland ponds up to three miles wide. The extraction process involves strip-mining and drilling that injects steam into the ground to melt the tar-like crude oil from the sand and requires a massive amount of energy and water.

Robert Reich: Why We Need to Rein In Government Contractors That Use Taxpayer Money for Political Advantage

President Obama is mulling an executive order to force big government contractors to disclose details of their political spending. Big businesses are already telling their political patrons in Congress to oppose it – and the pressure is building.

The President should issue the executive order immediately. And he should go even further – banning all political activity by companies receiving more than half their revenues from the U.S. government.

Lockheed Martin, the nation’s largest contractor, has already got more than $19 billion in federal contracts so far this year. But we know very little about Lockheed Martin’s political spending other than its Political Action Committee contributions. We don’t know how much money it gives to the Aerospace Industries Association to lobby for a bigger defense budget.

Voting has started in Western New York House District 26 to replace Craig’s list Republican Christopher Lee. The strongly Republican district is expected to flip to Democratic blue because of the Republican melt down over Rep. Paul Ryan’s budget bill which wold end Medicare and decimate Medicaid. So far the Democratic candidate, Kathy Hochul, has a comfortable lead in the polls over Republican choice Jane Corwin and the 78 year old perennial candidate, Jack Davis, who is running on the Tea Party line. All eyes are on this race since it is likely to be the template for coming elections in the national debate over the Ryan budget despite House Majority Leader Eric Cantor’s protests that this is not a referendum on that bill.

Democrats should not get too comfortable and I’m sure they’re not, this can always go the other way. Politico will be watching five factors in this race tonight:

The Davis effect

There’s probably no more critical factor in the race than Jack Davis, the Democrat-turned-tea-party-candidate who’s spent nearly $3 million of his own funds casting himself as an independent-minded outsider who will save the Buffalo area’s blue-collar workers from losing their jobs to China.

Erie County Democrats

Simply put, Hochul needs to rack up a big margin in her home base of Erie County, the district’s population center and the portion of the district in which Democrats have performed most strongly in recent congressional races.

Rural Republicans

Corwin is looking to make up for her expected Erie County deficit with a large turnout in the district’s more GOP-friendly rural counties, such as Wyoming and Livingston, which in previous years provided sizable margins for former GOP Reps. Chris Lee and Tom Reynolds.

The senior set

There’s little question that Democrats have succeeded in focusing the race on the future of Medicare – an issue that’s critical in the minds of senior voters who heavily populate the district and are among those most likely to vote in a special election.

The expectations game

Just as important as any tactical factors will be who finishes ahead in what has emerged as a vigorous spin war. With the race emerging as a preview of the 2012 campaign and the first political litmus test for the Republican budget push, the stakes couldn’t be higher.

The polls close at 9 PM. I will be phone banking for Kathy Hochul for most of the day. I’ll up date later as the results come in. Best of luck to Kathy.

Special Election Streaming Video

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Juan Cole: Protest Backroom Deal to Extend Un-Patriot Act til 2015

There’s an action alert by a supporter of Rand Paul over at Firedoglake saying that an attempt will be made at 5 pm on Monday in the Senate to extend the misnamed ‘PATRIOT Act’ for four years. There will be an attempt to get unanimous consent for the extension, with just a motion to which there should be no objections.

Rand’s alert says,

   “The surveillance state’s ability to snoop through your business records, pry into your library book checkouts, monitor so-called “lone wolfs,” and spy on your personal communications through roving wiretaps will be extended until 2015, which “coincidentally” is not an election year.”

Here is a similarly urgent ACLU alert.

The vote is part of a deal between majority leader Harry Reid and his Republican colleagues to sidestep debate and rush the legislation through, which is becoming a worrisomely common procedure as the Democrats continue to abdicate their responsibilities to the Constitution, as Glenn Greenwald has elegantly explained.

Robert Kuttner: Beware Greeks Bearing Banks Beware Greeks Bearing Banks

After every financial debacle or war, there is a huge political struggle over whether creditors and financial speculators get to stand in the way of an economic recovery. When the creditors win, ordinary people who had nothing to do with the crisis are typically the victims. Today, the entire political elite is in the austerity camp, and those who argue that creditors should take some losses so that the rest of the economy can grow are mostly ignored.

This is the common theme to the issue of mortgage relief to spare American homeowners millions of foreclosures, the question of whether the US should sacrifice Medicare and Social Security on the altar of deficit reduction, and the punishment being visited upon small European economies such as Greece, Portugal and Ireland.