Bad Ballad: Battle of Labor Board Appointments

Recess appointments declared unconstitutional by a federal appeals court unanimously agreeing on a law point, that Prez Obama violated the Constitution last year by appointing three members to the National Labor Relations Board while the Senate not ‘technically’ in recess, allegedly circumventing Senate Republicans who had held up his picks for months.

Likely to cause new ‘hopping mad like frijoles in the pan’ Reppies to change focus from Hillary to how Bah-Bah-Bah-Bad to de bone Obama is, but on a serious note, could turn other appointments made earlier, if also undercut by this court, into looking like keystone kops whirling in all directions. Which is like ice cream everyday to the media, and like fresh corn to the mice who gorge on inflated ideas, and a big pain in the neck to the Obama Administration. There are more courts to appeal to, so have to wait and see what happens next.

Just this regarding the swale and chum that rises whenever there is a gaffe, real or imagined in poly-ticks… from my backwoods heart, with apologies to Battle of New Orleans time-honored venerables.

BATTLE OF LABOR BOARD
In 2012 we took a little trip
Along with Colonel ‘Bama
down mighty Shoot from the Hip.
We took a little ‘bacon’
and we took a little ‘beans’
And we caught the bloody Reppies
in the town of Big-Money Green.

We fired our guns
and the Reppies kept a’comin,
But there warn’t nigh as many
as there was a time ago.
We fired once more,
and they took to runnin’,
Down from Pedestal
to Gulf of ‘Belly-achin’ So.’

Well they ran through the briars
and they ran through the brambles,
They ran through the K-streets
where the rabbits wouldn’t go.
They ran so fast the hounds
were faster,
drove them crazy from DC
to the Gulf of Mexico.

We looked down the river
and we seen the Reppies comin’
There must have been a hundred of ‘em
beatin’ on their drums
Fine turned out, they stepped so high
without any cover,
We laid behind our cotton bales
and didn’t say a thing

Leader said
we could take ‘em by surprise
If we didn’t fire our muskets
till we looked ‘em in the eyes…
So we held our fire
till we seed their faces well
Then we opened up our squirrel guns
and gave ‘em…

Well….

We fired our cannon
till the barrel melted down
So we grabbed an alligator
and we fought another round
We filled his head with cannonballs
‘n powdered his behind
And when we touched the powder off,
the gator lost his mind

We fired our guns
and the Reppies kept acomin’
But there warn’t nigh as many
as there was a time ago
We fired once more and they began to runnin’
down K-streets to the Gulf of Mexico

Yeah they ran through the briars
and they ran through the brambles
And they ran through the bushes
where a rabbit couldn’t go
They ran so fast
but the hounds did catch ‘em
no matter how they bleated
and pleaded
and creeded
and screeded so.

Author: DR. CLARISSA PINKOLA ESTÉS, Managing Editor of TMV, and Columnist

17 Comments

  1. Funny, but where was the outrage by the Rethugs when W appointed Crazy Bolton in the same manner…

  2. i think they hid behind his mustache

  3. There obviously needs to be a law that REQUIRES that appointments be made in a timely manner. Six years for the head of the ATF being an example.

  4. I have to laugh. I just received an e-mail from Sen Johannes office R-Ne ( they think I am a Republican) about the recess appointment. He informed me that he told the president his objections, it was unconstitutional, blah,blah. Asked me to contact his office with any comments.
    I reminded his office of John Boltons’ recess appointment by Bush, and the Dems said the same thing. Then I told him to please stop doing things that continue to make Republicans look bad and sore losers and that I am ashamed to tell anyone my party affiliation. :)

  5. The big difference between the Bolton appointment and these is that technically the senate was still in session. Now it was petty bs political rules but so are so many things in our govt and instead of using the rules the pres directly broke them as an in your face. Well now he gets to face the results.

  6. I think there’s a bigger issue about overreach here:

    “The ruling also called into question nearly 200 years of previous such appointments by administrations across the political spectrum….The judges held that presidents may invoke their recess appointment power only between formal sessions of Congress – a brief period that usually arises only once a year – rather than during breaks that arise during a session, like lawmakers’ annual August vacations. Two of the three judges also ruled that the president may also only use that power to fill a vacancy that opens during the same recess.”

    http://www.nytimes.com/2013/01......html?_r=0

  7. Lets also be aware that according to the court the appointments would have been unconstitutional even without the pro forma sessions. And all the partisan belly aching about those sessions is pretty weak since the dems have used the same tactic to block appointments in the past.

  8. oops you beat me to it prof

  9. The legality of recess appointments has been debated in courts for many, many years. The intersession and the intrasession. This is nothing new. Bush made 177 recess appointments, the “legality” of several questioned. Same with Clinton.
    Obama will appeal this and we shall see.
    The whole process has seldom if ever been used by any president, including Eisenhower, in it’s absolute “technical” form. The debate between inter and intra goes on.

  10. It is the legality of the pro forma that is and has always been in question, whereby the prevention of a recess is used by having members show up to an empty room to bang a gavil just to stop an appointment.

  11. far more so, the tactic has been used over 200 times by both parties. Ya Basta

  12. the rules remind me of the little card deck in Monopoly. Minutae for order’s sake I suppose, but ‘go to jail’ card ever hovers over rules drawn down to what in psych is called perservatative obsession.

  13. sheknows, if Sen heeded you, party could correct and it’d be a new lease in a good way

  14. This goes a little beyond the usual argument. The majority also ruled that the president can fill only vacancies that came up during that recess.

    I doubt the ruling can stand, simply because of the implications.

  15. SK said: “It is the legality of the pro forma that is and has always been in question, whereby the prevention of a recess is used by having members show up to an empty room to bang a gavil just to stop an appointment.” I agree.
    If congress did it’s job (ha) then recess appointments would only be emergency appointments as was probably the original intention, so write a law already to stop the nonsense by both parties. This should not be a partisan issue every time it comes up.

  16. It is the legality of the pro forma that is and has always been in question, whereby the prevention of a recess is used by having members show up to an empty room to bang a gavil just to stop an appointment.

    The idea that the pro forma sessions would somehow be less “Legal” than recess appointments when the Senate just takes a week off for the holidays is pretty absurd. You know who puts forth that argument? Only the one trying to make the appointment. Everyone else would say it’s weak logic at best. Now sometimes you just do it and figure “let the courts sort it” and so be it but partisan whining after the fact is just , well so partisan it’s not worth listening to.

  17. EE, partisan whining is indeed boring especially when the problem can be averted in the future by passing a good law.

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