Constitutional Crisis du Jour

Jon Chait explains the political strategy behind the "recess" appointment of Richard Cordray as leader of the Consumer Financial Protection Bureau.

Reuters looks at the Constitutional question of recess appointments.

Politico and Todd Zywicki look at the specifics of the Dodd-Frank law that may pre-emptively neuter recess appointments.  From Prof. Zywicki:

...Section 1066 of Dodd-Frank provides that the Secretary of the Treasury is authorized to perform the functions of the CFPB under the subtitle transferring authority to the CFPB from the other agencies “until the Director of the Bureau is confirmed by the Senate in accordance with Section 1011.”  It turns out that section 1011 is a defined term which provides: “The Director shall be appointed by the President, by and with the advice and consent of the Senate.”

This seems to suggest that even if the President might be able to appoint Cordray under the recess power the full grant of statutory authority wouldn’t transfer to the Bureau unless the statutory language was fulfilled as well.

This was mooted a year ago.  The Inspectors General of the Treasury and the Federal Reserve prepared a report for Congress.  The law firm of Ballard Spahr delivered the highlights, from which I excerpt this:

The designated transfer date (DTD) under the Dodd-Frank Act is currently set for July 21, 2011. Certain Bureau authority that can be exercised by Secretary Geithner (or his designee, Professor Warren) terminates on the DTD, and other authority terminates when a Bureau Director is appointed by the President and confirmed by the Senate. (Although the report does not directly address whether the President could make a recess appointment of a Director, without Senate confirmation, we note that his authority is not limited merely by the U.S. Constitution—as with other appointments—but also by the Dodd-Frank Act, which expressly speaks in terms of Senate confirmation.)

Under Section 1066 of the Dodd-Frank Act, after the DTD and before the confirmation of a Director, the Secretary (and his designee) can continue to exercise authorities transferred from other federal agencies, such as the authority to: (1) adopt regulations under the Truth in Lending Act (TILA) and other enumerated federal consumer financial laws; and (2) examine large depository institutions for consumer compliance. However, the Secretary and his designee cannot perform new functions during this period. For example, the report states that the Secretary (and any designee) may not during this period adopt rules prohibiting unfair, deceptive, or abusive acts or practices in connection with consumer financial products and services, or supervise or examine nondepository institutions. The report does not detail the full extent to which the Bureau can exercise its enforcement powers during this period, but, under the report’s logic, it appears that it could not bring an enforcement action based on its authority to prohibit unfair, deceptive, or abusive acts or practices.

Presumably someone who objects to a new rule will seek to have it overturned on this basis.

Comments

[JM Hanes]

narciso:

Was it you who posted this article from the Wash Times in an earlier thread? It is chilling, head banging, stuff:

President Obama signaled Congress this week that he is prepared to share U.S. missile defense secrets with Russia.

In the president’s signing statement issued Saturday in passing into law the fiscal 2012 defense authorization bill, Mr. Obama said restrictions aimed at protecting top-secret technical data on U.S. Standard Missile-3 velocity burnout parameters might impinge on his constitutional foreign policy authority.

As first disclosed in this space several weeks ago, U.S. officials are planning to provide Moscow with the SM-3 data, despite reservations from security officials who say that doing so could compromise the effectiveness of the system by allowing Russian weapons technicians to counter the missile. The weapons are considered some of the most effective high-speed interceptors in the U.S. missile defense arsenal.

[continued below, c/o Typepad]

[maryrose]

CH:
Cordray is like Fingerhut. All he ever gets is appointments. I am suspicious of anyone who doesn't earn it and just gets by on the largesse of someone else.I want Obama pinned to the wall over this because it is unconstitutional and illegal. This is not Venezuela where anything goes.
I truly believe Romney can deck Obama in a debate and will not allow him to prance his way through it. I think Obungler is in for a big surprise when his terrible record is put on display for all to see.
Prediction for unemployment rate for December is 8.7%. It 's going the wrong way again up from 8.6.

[JM Hanes]

Intel dump cont.:

There are also concerns that Russia could share the secret data with China and rogue states such as Iran and North Korea to help their missile programs defeat U.S. missile defenses.

Officials from the State Department and Missile Defense Agency have discussed the idea of providing the SM-3 data to the Russians as part of the so-far fruitless missile-defense talks with Moscow, headed in part of by Undersecretary of State Ellen Tauscher, who defense officials say is a critic of U.S. missile defenses.

Their thinking is that if the Russians know the technical data, it will help allay Moscow’s fears that the planned missile defenses in Europe would be used against Russian ICBMs. Officials said current SM-3s are not fast enough to catch long-range Russian missiles, but a future variant may have some anti-ICBM capabilities.

Allaying Moscow's fears? How hard is it to guess what the Russians are really thinking? Un-fucking-believable. The Congressional prohibition on intel sharing is only one of an unprecedented number of provisions in the Defense Authorization bill which Obama indicated he intended to ignore at his putative constitutional pleasure. The President's foreign policy purview is starting to look like an executive branch Commerce Clause.

[Danube of Thought]

OL, all spending measures must originate in the House, so the House by itself can prevent funding regardless of how the Senate feels.

Somebody ask Newt Gingrich if Romney is Mr. Nice Guy.

[henry]

Our favorite troll mistates facts as usual. One midlevel bureaucrat in Milwaukee County and his boyfriend clerk at the Superintendent of Schools Admin stole money from a veterans charity and went to the Carribean (yes we have gay Republicans here). Another guy, not a county employee stole money from another veterans charity and met with Cain. The money was missing from a benefit at the Milwaukee Zoo, and Walker requested the investigation. Ho hum.

[Danube of Thought]

The Ventura event occurred at McP's here in Coronado. Jesse is lucky the cops showed up.

[Old Lurker]

Thanks JMH and Iggy both for your responses at the end of the other thread.

Iggy, I do see your point about the smaller increase in life expectancy causing the destruction of SS than many assume. Other demographics helped like the change in the number of workers per recipient, and also the Christmas Tree of expanded payout. And of course the diversion of the excess payments to the General Fund ensured the current reality could never be averted.

JMH I completely understand your political reality point of view and really blame that on terrible education of the population on the economic reality of the way the money was handled. Of course contributers can rightly feel hoodwinked, but truthfully Madoff's victims were remiss in thinking those double digit returns were real. The Madoff statements were just as phony substitutes for cash as Uncle Sam's IOUs in the Cookie Jar are.

Your are correct that the solution must include greatly reduced spending and strongly growing the economy...and a healthy dose of educating everyone on the fiscal facts of life.

[maryrose]

Once again I state having henry's ear to the ground is invaluable in getting the true story out of Wisconsin.

[Captain Hate]

Prediction for unemployment rate for December is 8.7%. It 's going the wrong way again up from 8.6.

Wow, and that includes the temporary hires for the Christmas season. God knows how large it would be if all the ones who've exceeded the max unemployment benefits were included.

[Old Lurker]

Sure is easy to see who is posting on an iPad isn't it?

[Elliott]

Has Obama ever rankled the Russians?

[Old Lurker]

DoT, yes I know that all spending bills much originate in the House, but they must still pass the Senate and be signed by the President before they become law. Isn't that correct?

[Old Lurker]

Plus once a bill approving funding has been passed, trying to defund before the next budget cycle surely would require a new bill or a rider on some other bill that the Senate and President would have to accept.

And if they do not do a budget at all but simply renew the present funding levels with the CR, the ability to defund is more difficult.

[MarkO]

I'm beginning to think that Obama realizes that he may get the boot in November and so he plans to move ahead as quickly as possible "fundamentally to transform" America. That way, even if he loses, he will be a hero to the left for all time. That's really all he cares about.

[narciso]

This is all part of the fustercluck, signed on to by Scottie, and the Lady of the Old Ones, seriously thanks,

[MarkO]

Listening to Bernie. Apparently, we are all racists.

[narciso]

Who would have thunk it, he has broken away from the brainslugs;

http://newsbusters.org/blogs/ken-shepherd/2012/01/05/michael-steele-scolds-msnbc-host-over-her-suggestion-conservatives-nee

[peter]

OT, can anyone steer me to some good resources about the risks and benefits of fracking?

[narciso]

It's sort of a summary,

http://heartland.org/policy-documents/fracking-risks-and-benefits

[Jane]

Daddy, I give Brown extra slack, because I think he is in big trouble in his race against Warren.

And who on the fence will vote for the guy who decided it was AOK to ignore the constitution? He can go to hell.

Jane and other NRO cruisers, did you meet this Michael Walsh fellow or attend any events that he was part of:

First of all, on an NRO cruise you attend all events unless you are sick (or JMH). Where is Caro when I need her. Michael Walsh is David Kahane and I remember very clearly when he said that.

I'd start by jerking Holder into a House committee and having him read the pertinent section of the statute. Then have a few lawyer members chew off his legs with questions about the plain text meaning followed by questions concerning the illegality of any disbursements arising from actions taken by an illegitimate appointee.

Oh I love it!

If not, meet the Navy seal who punched out Jesse Ventura

He was just on O'Reilly and told the Ventura story. I wanted to marry him.

[Captain Hate]

narc, did Billy Ray Velentine find out about the bet? Verrrry impressive.

[narciso]

It would seem so, for all his flubs I really help Cornyn much more responsible for fumbling
the ball, something he apparently doesn't get.

They are really taking this 'more selective' strategy as their grand plan

http://newsbusters.org/blogs/ken-shepherd/2012/01/05/msnbc-adds-leftist-writer-melissa-harris-perry-its-lineup-2

[Ignatz]

--I really don't understand why so many people keep worrying about Romney playing Mr. Nice Guy with Obama, when I've lost count of the arrows he's been shooting at the Prez for months.--

I agree completely, JM.
Romney is a good, hard campaigner and a smart one who is tough when he needs it and above it all when he needs that.
I don't believe he was out campaigned by McCain so much as he was the victim then of what he is now the beneficiary of; the "it's-his-turn" syndrome.
I have grave doubts about his governance but he is certainly neither stupid nor soft.
And my experience with most Mormons is they are disciplined, circumspect and good planners at a personal level.

[centralcal]

Michael Walsh is David Kahane and I remember very clearly when he said that.

Wonderful. But, I was curious about the overall reaction to his statement(s). NRO is, by and large, thought (by some, not saying moi) to be Fnork central. (Shouldn't use "central" in any sentence, should I?) Did anyone or combination of ones say, "Hey, that is absurd!" - ?

[narciso]

Fizbin central, has some good people, like
McCarthy, Steyn (although he let his Newt
malaise get to him) Walsh, too many of the others would have been on Scranton's team in '63, I'm reminded because of a Buckley roman a clef from the period,

[centralcal]

Ignatz: I think being "Mormon" is the lamest excuse for anyone to be an "anyone but Romney" voter. I have had a few really good Mormon friends and they have all been very successful at their chosen professions - and yes, that includes discipline, circumspection and good planning character traits.

I may not be quite on the Romney is the One bandwagon yet, but it has nothing to do with him being Mormon.

[centralcal]

snort - careful using "central" in a sentence so soon after my comment, Narciso, I might misread and get offended (or maybe, offensive - ha ha ha ha).

[Danube of Thought]

OL, if funds have previously been appropriated for a particular purpose, and the bill approved by both chambers and signed by the president, that's the end of it. But if new funding is required, either the House approves it of it doesn't happen.

[JM Hanes]

Captain Hate:

"I would really love for him to lay the smackdown on the Punk in Chief though. I will gladly admit my apprehensions were groundless. Will you do the same if he does poorly?"

Of course, I will. Why wouldn't I? I'll be as disappointed as you would be -- more so perhaps, since I obviously start out with higher expectations. The innuendo in your question is actually pretty insulting, don't you think?

You know how I ended up in the Romney camp? There's plenty of legitimate criticism out there; I just began defending the guy from what struck me as a gob-smacking double standard on handing out passes to other favored candidates for almost anything and tarring Mitt by association with practically anybody whose name appeared in print with his. F.Y.I., here's where I started out on Romney. So yeah, I'd say I'm open to suasion and obviously willing to change my mind. After taking a long second look at Romney's strengths, while playing devil's advocate, I guess I can thank the Anybody-But-Mitt crowd here for where I've ended up.

[JM Hanes]

Elliott:

"Has Obama ever rankled the Russians?"

Ever the soothing balm, he is.

[Jane]

Did anyone or combination of ones say, "Hey, that is absurd!" - ?

No

[Benjamin Franklin]

All those nasty attack ads have the Citizens United apologists re-thinking the whole enchilada. WOOT !!

http://www.savethenews.org/blog/12/01/04/iowa-kicks-medias-mud-season

Shedding Sunlight on Attack Ads

Existing lax disclosure rules explain the proliferation of ads from benevolent-sounding front groups like Concerned Taxpayers of America, Restore Our Future, Make Us Great Again and Citizens for a Responsible Government. The names might sound right and patriotic at the end of a 30-second spot, but they don't tell the whole story.

The Concerned Taxpayers of America has blanketed parts of the country with ads calling for a grassroots revolt against "stifling government bureaucracy." What viewers likely don't know is that CTA's populist front is merely the creation of two shadowy corporate spenders — a Maryland concrete company and a New York hedge fund manager.

The FEC isn't willing to address the lack of transparency in these ads. The Supreme Court's 2010 Citizens United decision lifted restrictions on corporate political spending, making the agency’s ability to rein them in even more difficult. The FCC, however, has a federal mandate to ensure that broadcasters "fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group" paying for commercials.

The good news is that the FCC is finally taking a few initial steps toward such full and fair disclosure. Broadcasters are already required to maintain "public inspection files" listing the names of groups that purchase political advertising time, the cost involved and the names of executives at these organizations. The FCC has asked for public comments on a proposed rule that would force broadcasters to move this information out of dusty file cabinets and onto the Internet. If broadcasters put this data online, people will be able to access vital information without having to schlep down to their local stations."

[Old Lurker]

DoT yes unless the House approves it does not happen I agree, but the House acting alone can neither fund nor defund by itself. That is all I am saying.

As you say if the spending is already approved, game over. Since the fiscal year is underway and they decided to bypass a new budget, I assume this year the funding is covered by the Continuing Resolution.

The House alone must start the snowball rolling, but it still must pass the Senate, survive Conference, then be signed by the President.

[Benjamin Franklin]

Karma is such a Beeaaatch !

[Clarice]

LI:

"But a judge is Wisconsin had just ordered the GAB to do its job, as reported by JSOnline, Judge rules for Walker campaign in case against state election officials:

A judge ruled Thursday that the state Government Accountability Board needs to take more aggressive action to vet recall signatures that are expected to be submitted in two weeks against Gov. Scott Walker and other Republican office holders.

The ruling by Waukesha County Circuit Judge J. Mac Davis came in a case filed Dec. 15 by Walker’s campaign committee and Stephan Thompson, executive director of the state Republican Party, asking Davis to order the accountability board to seek out and eliminate duplicate and fictitious signatures and illegible addresses in recall petitions….

In issuing his ruling, Davis said, “Counting the signature of Bugs Bunny is something only a lawyer could make seem OK.”

[Rocco]

I might just write in Coakley this time! Back to the couch for me.

[PaulL]

Narciso, Are you sure you want to call McCarthy good when he repeatedly vouched for the integrity of one Patrick Fitzgerald?

[Benjamin Franklin]

"Davis said.."

Prosecutors judge...

[JM Hanes]

Benjamin Franklin:

Oddly enough, outfits like PrioritiesUSA don't make your source's list. Full frontal sunlight for thee, and a 13 watt CFL for me, eh?

[narciso]

I don't dismiss the Toensings for recommending Holder, on balance, he's pretty good, on the Salafi question, and a host of
other constitutional issues, as opposed to Ponnuru, Lowry et al.

[Appalled]

Ben:

Your 9:20 PM has me confused. It's good the FCC is looking to make TV stations put their political ad info on the internet (a regulation proposal that makes sense is a rare thing to treasure). But why should that make anyone particularly nervous? If the files just show a 501(c)(4) org, its another search in a different place to find the donors to that!

[narciso]

Right, the folks that came up with Axelturf, which disabled the verification software on
their fundraising computers, tell me another one.

[henry]

Thanks Clarice! The GAB will not be pleased.

[Clarice]

narciso. you are one of the most knowledgeable people of my acquaintance. I can't tell you how glad I am that you learned to format so we could all more easily read and understand what you post.

[centralcal]

Jane, thank you for answering.

Interesting. I really was expecting more "push back."

Clarice! Thank you for sharing that very important information.

[centralcal]

Ditto, what Clarice said Narciso. We would have all missed a lot of your knowledge. (xoxo)

In the early days I would try to read, and failed at understanding, and I, only in recent years, wonder how much valuable information I missed out on.

[narciso]

Thanks Clarice, why does it seem like every other thing out of Wisconsin, is right out of the Red Queen, no not Elizabeth Warren.

Romney says that Obama is over his head, he has him confused with Carter, even after three years very few seem willing to point
out his real nature;

http://www.youtube.com/watch?v=9gTGl6pW3Ps

[rse]

MarkO-

The hurry and put it in place is precisely what I am seeing. I referred to it in my head as attempting a fait accompli and then later came across repeated references calling it just that.

"What are you going to do about it?" is the really precise phrase for this thugocracy.

And Frau-when I said Sen's philosophy was being incorporated by reference, I meant that in a fundamental, everyone's local community sort of way apart from being the NGO and govt poster child.

[narciso]

It seems the Wisconsin syndrome seems to be catching;

http://www.kcci.com/news/30144582/detail.html#ixzz1idUftgoh

[Jane]

Interesting. I really was expecting more "push back."

It's really not like that kind of event. I suggest you make plans for the 2012 post election cruise.

[centralcal]

Oh, Jane, I will certainly try to find a financial way to do it. I am really jealous of you all who can!

[Captain Hate]

The innuendo in your question is actually pretty insulting, don't you think?

No; I might be wrong but it seems to be the same type of thing you do to me. If I'm mistaken I apologize, but I don't think I am. Either way it wasn't meant as an insult. We're fighting a common enemy and if your guy wins, I do too. I've responded to you once that I'd be very satisfied with Romney as President and a conservative Congress. That won't change.

[Jane]

Cc,

I can never afford to go. Then I think - what the hell?

[centralcal]

Where is the cruise headed in 2012, Jane? (I am hoping we are not exiles seeking out St. Jane's Island, but rather revelers looking to party on the [not too high] seas!. *wink*

[Danube of Thought]

"the House acting alone can neither fund nor defund by itself"

Right. It can decline to fund an entity or function when any previously authorized funding expires, or when initial funding is required. How frequently that opportunity arises for various departments and agencies is beyond my knowledge.

[Danube of Thought]

I think it's time for those JOMers who are for "anybody but Romney" state wich other candidate they are for, and why.

[Captain Hate]

I might just write in Coakley this time!

That might be the best protest vote ever. I'd bet dollars to donuts he's lying about the molestation which would make him one sick SOB. Its pretty funny that his face keeps coming up on one of those sidebar polls as a presidential potential. I hope he becomes so obscure he stumps people on trivia quizzes.

[peter]

Thanks, Narciso for the link regarding fracking.

[JM Hanes]

Sorry, CH, bad hair day here over dismissive comments about Mitt apologists which didn't come from you. Mea culpa.

[narciso]

Well I wouldn't go there, Captain, without further proof, but it's a wonder how quickly they stop 'dancing with the one that brought them' Hagel, Murkowski, Graham, and McCain,
on a sliding scale, seem to crave 'Strange New REspect'

[Clarice]

It's hard for me to hate a guy who looks so good with his clothes off. Just saying, Jane.

[Captain Hate]

No problem JMH; sometimes I do deserve to be called out. Like I said, we're in this together and I don't want to contemplate the price of defeat.

narc, Tammy had it right that we're gonna have to offset that loser with a Tea Party winner somewhere else; a real one.

[daddy]

Way behind but let me post this OT before everyone goes to bed.

Was reading a local story about a wayward outcast whale, tracked via sonar since 1992, who sings his whale song at 52 Hertz, ergo he has been named 52 Hertz.

The story included a link to click on and listen to a few seconds of his 52 Hertz song. I clicked on it and immediately both dogs stopped gnawing bones, sat up ramrod straight, and stared at me. The older one interestingly kept turning his head sidewise at the beginning of the whale sound, then back up, exactly as if he is trying to figure out "WTF is that?"

So no giggles, but a whole lot of quizzicals.

Anyhow, here's 52 Hertz's Song,

And here's his story.

See if it effects your kitty cat.

[narciso]

Going over her twit stream, it's interest how
Effendi Burkhart, the car flambe artist, has
just slipped down the memory hole,

[DrJ]

No effects on kitties here.

Just had a guest leave for Tokyo (his home) and I'm wrung out. More tomorrow.

[Melinda Romanoff]

Phone's back up!

Narciso-

I'll be in touch after breakfast, if that's OK. I just got your message.

Fun morning tomorrow.

G'night all.

[Barbara]

daddy,

52 Hertz sound rather happy in comparison with the song of the humpback whale in the article.

[Barbara]

"sounds" rather happy

[Neo]

KCCI is saying that a vote miscount gave Romney 20 extra votes. LUN

[Stephanie]

Clarice, just picture him with Pelosi. Might as well as he is servicing the same master and 'assuming the position' denigrating his self literally and figuratively. Might as well give vision to the thought.

Cured?

[narciso]

'googles they do nothin' Stephanie. I LUNed that at 9;59, Neo.

[MoodyBlu]

Clarice:
narciso. you are one of the most knowledgeable people of my acquaintance. I can't tell you how glad I am that you learned to format so we could all more easily read and understand what you post.

When did that happen? I find narciso's posts to be "challenging". Maybe I should try harder.

[Jim Miller]

Has Obama ever irritated the Russians? Probably, though perhaps not intentionally.

I suspect that his narcissism irritates almost all the foreign leaders he deals with.

I think the Russians see him as a man they can con, but not a man they like, a sometime sucker, but not a friend, or even someone they respect.

But I might be projecting.

[Ignatz]

--When did that happen? I find narciso's posts to be "challenging". Maybe I should try harder.--

I took her to mean, and I may be wrong, that he had learned to link so that we could figure out what he meant by following what he was referring to.

[Ignatz]

matt,
Hope you don't mind me moving this comment from the last thread. Seems important to me. Do you have a source for those numbers? Can't seem to find them on my own.

So Dear Leader wants to cut 500,000 uniformed military personnel from our current level of 1,400,000.

Along with this he plans to reduce our carrier fleet from 15 to 10-11. What stuns me is that the Pentagon will survive pretty much intact as will many of the most egregious programs such as the Littoral Combat Ship.

The internal logic of Washington is truly psychotic. We have thousands of MRAP's that will now rust in the desert as we did not find a way to combat an extremely low tech insurgency in Afghanistan and are leaving with our tails between our legs.

We bomb individual terrorists with B-1's, paint great big red targets for the barbarians on our medevac helicopters, and seemingly facilitate the source of 90%+ of the world's heroin, which in turn funds the barbarians.

Heller would have had a field day with this war. Sorrowfully, there have been no lessons learned.

[Danube of Thought]

"Along with this he plans to reduce our carrier fleet from 15 to 10-11."

I think we have ten carriers at this moment. Could be eleven; I'll try to check. We certainly do not have 15, and have not had that many in years.

[Jim,MtnViewCA,USA]

Fascinating article on flash mobs linked by Instapundit. Concealed carry looking more sensible by the day....
http://www.wired.com/magazine/2011/12/ff_riots/

[JM Hanes]

LOL! Byron York asks:

Is New Hampshire too white, too old, and too godless to play a key role in selecting the next president?

[JM Hanes]

Old Lurker:

"[T]he solution must include greatly reduced spending and strongly growing the economy...and a healthy dose of educating everyone on the fiscal facts of life."

Amen to that, and literally educating them. No one should be allowed to graduate from high school without knowing how to compound interest, how to shop for insurance, read the fine print on a mortgage, etc. etc. etc.

[matt]

basic source: Drudge for the cutbacks

Wiki for the current staffing levels, which seems to be a reasonable assumption.

Have already heard from a number of military contacts that the cutbacks will be brutal.

Not that many highly capable long serving vets want to stay in. These are the core of the military. CDR's, CSM's, MCPO's, senior NCO's, LTC's, COL's. The backbone, if you will.

And they are leaving in disgust. Crazy ROE's, openly gay agendas, foolish management decisions. Take your pick. The hell of it is the assault that has already been mounted on pensions and medical benefits.

Imagine having been badly wounded and then having Uncle Sugar sell you out completely. That is today's reality.

Kids who bleed out and the ones we save have very little to look forward to once home. Our government has broken trust with the families and the survivors.

[Neo]

Apple 'threatens legal action' over Steve Jobs action doll
The makers of an action figure with an uncanny resemblance to the late Apple founder Steve Jobs are reportedly being 'threatened with legal action' by the computing giant.

[mockmook]

And who on the fence will vote for the guy who decided it was AOK to ignore the constitution? He can go to hell.

Posted by: Jane | January 05, 2012 at 08:50 PM

Bush: McCain–Feingold

[daddy]

Slightly OT:

The Japan Times has a story up saying that a small village in northern Japan is the actual burial place of Jesus of Nazareth: Behold! Christ's grave in Shingo, Aomori Prefecture.

We learn that the ancient and mysterious "Takenouchi Documents," copied about 1,500 years ago from even older documents, relate how Jesus first visited Japan after his 21st Birthday...

"The document claims he (Jesus) studied the native language and culture before returning to Jerusalem, where he was crucified. Only it wasn't really him who was crucified. His younger brother, Isukiri (who makes no appearance in the Bible), nobly took his place on the cross, pretending to be the Son of God, while the real Christ fled to Siberia."

What's that? A tad farfetched you say?

Well here's the part that convinced me:

"A few years later, via Alaska", (Whoopie!!!) he (Jesus) arrived at the port of Hachinohe, just 40 km from Shingo. He made his way to the village, where he married, had three children, and lived to the age of 106."

Jesus in Alaska. I knew it. No wonder I invoke his name so often up here. I thought it was just because every time I step outside it's 20 below and blowing sideways, but now I know better.

Story has a photo of Jesus's grave and the grave of the ear of his brother Isukiri.

Just take a right turn at The Tomb of Christ roadsign, (avoid the Pyramid) drive past the Christ's HomeTown Sake Store, and you're there. Can't miss it.

Nice to know all that Da Vinci Code stuff was a load of carp.

[Ralph L]

all spending measures must originate in the House
Not correct. All tax measures must originate in the House.

[JM Hanes]

How much worse can it get? Much worse. There are no easy choices in Egypt, but between this administration's magical thinking, and the NY Times spin, the abject superficiality continues to shock:

Overtures to Egypt’s Islamists Reverse Longtime U.S. Policy

With the Muslim Brotherhood pulling within reach of an outright majority in Egypt’s new Parliament, the Obama administration has begun to reverse decades of mistrust and hostility as it seeks to forge closer ties with an organization once viewed as irreconcilably opposed to United States interests.

The administration’s overtures — including high-level meetings in recent weeks — constitute a historic shift in a foreign policy held by successive American administrations that steadfastly supported the autocratic government of President Hosni Mubarak in part out of concern for the Brotherhood’s Islamist ideology and historic ties to militants.

The shift is, on one level, an acknowledgment of the new political reality here, and indeed around the region, as Islamist groups come to power. Having won nearly half the seats contested in the first two rounds of the country’s legislative elections, the Brotherhood on Tuesday entered the third and final round with a chance to extend its lead to a clear majority as the vote moved into districts long considered strongholds.

The reversal also reflects the administration’s growing acceptance of the Brotherhood’s repeated assurances that its lawmakers want to build a modern democracy that will respect individual freedoms, free markets and international commitments, including Egypt’s treaty with Israel.

The article continues, and it ain't pretty.

[JM Hanes]

Government files their first SCOTUS brief on Obamacare today!

[daddy]

Frightening in the extreme JMH.

I'm thinking when Hilary swaps to VP they might as well put Louis Farrakhan in her old job.

[JM Hanes]

Ha, daddy! Secretary Farrakhan sounds about right. And Shingo Jesus -- who'd a thunk it?

Interesting post on recess appointments over at Volokh. It's predicated on no business being done in pro forma sessions, but another blogger somewhere pointed out that on at least one day, there was, in fact, some official activity.

[glasater]

During the recent FICA cut extension kerfuffle I remember reading somewhere from a link that most likely originated here on JOM that the House wanted to defund some of Obama's czars in the legislation.

Obama just ignored that wording in the bill. But I wasn't clear on where he was going to get the money to continue with his czars.

[Clarice]

daddy, to my mind there is no doubt that Middle Eastern people did make their way to Japan many centuries ago--probably as they made their way along the Silk Road-- although it was closer to 1100 BC and I don't think Jesus was one of them. There's a cult --I believe the cult of Isaac-- that traditionally follows some very ancient Hebraic traditions there which regularly celebrates Abraham's sparing of Isaac..And there are a number of people who find links to ancient Jewish life: http://www.dailymotion.com/video/k6LuD4jJI0oaAXovdG?start=0#from=embed

[Clarice]

daddy, this is a better video with better research behind it.http://www.youtube.com/watch?v=4HF2FkRE-PU

[Porchlight]

If not, meet the Navy seal who punched out Jesse Ventura

I am betting this gentleman won't be able to buy a drink for quite awhile. Bravo.

[narciso]

I came across someone using this as an argument;

http://scholar.google.com/scholar_case?case=14575856744547292492

[Janet]

That Ventura thing happened at a wake for MOH recipient Michael Monsoor.

[Janet]

and here is Eugene Robinson making fun of the Santorums...like Colmes. The child, Gabriel was not stillborn. He lived for 2 hours after birth.

from Peter Wehner's article in Commentary -
"...it tells you something about the culture in which we live that in some quarters those who routinely champion abortion, even partial-birth abortion, are viewed as enlightened and morally sophisticated while those grieving the loss of their son, whom they took home for a night before burying, are mercilessly mocked.

Ladies and gentlemen, I give you the times."

[Porchlight]

Janet,

I recently read a comment on a blog, which can't be verified of course, but the person said that he/she was an OB and had worked in hospitals for 30 years and that it was not at all uncommon for a family to spend long periods of time with a baby after it had died. If you think of it, when a child dies so soon, you've had no chance to get to know it at all. No time to gaze on it for hours, as new parents do. Every hour before saying goodbye is understandably cherished.

The critics of the Santorums are the same kinds of ghouls who believe that Jessica Mitford is spot on with her criticism of the American "way of death." So when a family does things as they are done in other countries and other times - spend time with the deceased - what do these enlightened ones do? Spit on them, of course.

[narciso]

They are slowly climbing out of the cave;

http://www.realclearpolitics.com/video/2012/01/05/students_laugh_at_obama_when_he_tells_them_you_inspire_me.html

[Janet]

The last line of an email I got from a soldier in Afghanistan -
"We hope to accomplish our mission here and return home with honor."
It gives me goosebumps...

I feel such a sadness for our country that "men" like Ventura & Robinson & Colmes are well known & on TV. They should be ashamed of themselves.

[Captain Hate]

They are slowly climbing out of the cave

Nobody has commented on how pathetic it is that in order to get applause, this glass-jawed nincompoop has to appear in front of high-schoolers. And evidently even they can see through his garbage. And he couldn't resist reminding them that he'd like to play basketball for them except his eligibility is expired; as if they need a benchwarmer who was known only for whining to the coach for more playing time.

[Janet]

Yeah Porchlight, ghoul is the right word. Our first child was stillborn....& the nurses were literally Godsent. I wrote them a letter later thanking them for helping us. They encouraged us to stay with the child...asked if we would we like her baptized?...We were in such a muddle that we needed help to make decisions.

As a Christian the entire perspective is different. I think that one of that little girl's purposes was to bring me back to Christ & prepare me for raising Naomi & Nathan. I know I'll be able to thank her one day.