With Senate Republicans vowing to block any labor board nominees, the five-member board would have been paralyzed this year because it has only two sitting members. The Supreme Court has ruled the board needs at least three members to operate.So, here's John Stewart to put it into perspective for you.
The problem is that we have a Congress which has done less than any Congress in recent memory, because so many seats have been filled with small-minded small-government idiots, who ran on a platform of "Congress doesn't work. Elect me, and I'll prove it!"
The majority of them don't have any interest in fixing the economy or helping Americans. Instead, they've embraced Mitch McConnell's strategy, which, as he explained it, was very simple: "The single most important thing we want to achieve is for President Obama to be a one-term president."
So they obstruct, delay and obfuscate; they prevent anything from happening, and then they try to claim that Obama is a "failed president" because he couldn't fight his way past the obstruction.
Well, guess what? He just did, and it's completely thrown them for a loop.
How can you claim that the Senate is "in session" when the entire sesson consists of gaveling in, saying the Pledge of Allegiance, and gaveling out? That's nothing but a sham, and the Senate has been completely open about it.
Steven Bradbury and John Elwood, two former legal advisors for President Bush, pointed out that the nature of a "recess" is still open for interpretation, and Obama is fully within his rights to make these appointments.
In a 1905 report that the Senate still considers authoritative, the Senate Judiciary Committee recognized that a "Recess of the Senate" occurs whenever the Senate is not sitting for the discharge of its functions and when it cannot "participate as a body in making appointments." The committee cautioned that a "recess" means "something actual, not something fictitious." The executive branch has long taken the same common-sense view...But you can still hear the sobbing from the poor, thwarted motherfuckers. Ironically, one of the motherfuckers in question, Rep. Diane Black (R-TN) managed to step on her metaphorical dick in her public pearl-clutching.
The Senate, of course, does not meet as a body during a pro forma session. By the terms of the recess order, no business can be conducted, and the Senate is not capable of acting on the president's nominations. That means the Senate remains in "recess" for purposes of the recess appointment power, despite the empty formalities of the individual senators who wield the gavel in pro forma sessions.
"These appointments are an affront to the Constitution. No matter how you look at this, it doesn’t pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama."The problem is, the Constitution doesn't specify a minimum length of time the Senate has to be in recess before the president can enact a recess appointment. And since this Congress has effectively been in recess since 2010, it's time for them to shut up and admit that he played the game better than they did.