Obama Breaks With Constitution, Appoints Cordray, 3 To NLRB

Let’s not forget, part-time Senator Barack Obama said of recess appointments “‘It’s the wrong thing to do” and a recess appointee is ‘damaged goods… we will have less credibility.’ Except, Congress isn’t actually in recess

(The Hill) Obama infuriated Republicans Wednesday by announcing the recess appointment of Richard Cordray to be the first director of the Consumer Financial Protection Bureau (CFPB). Senate Republicans had blocked Cordray’s nomination for months, so the president bypassed them with a recess appointment during the holiday break.

He followed that up later in the day with recess appointments for three members of the National Labor Relations Board (NLRB), heading off another likely GOP filibuster.

Remember when Bush was president, Democrats thought it was the responsible thing to do to block his appointments, then, when they controlled Congress, they kept one branch or the other in “session” so President Bush could not make recess appointments. Harry Reid did the same thing to Bush, specifically. Of course, now that they have a Democrat Dictator President in office, they are mad that the same thing is being done by the Republicans. Just a note of warning to Dems: you won’t always control the White House, so, Obama just set “precedent” for future Republican Presidents. Can’t wait to hear your whining.

Anyhow, Cordray is apparently a typical progressive, who thinks that any minor piece of legislation is an excuse to increase the power of the Central Government, regardless of what the Constitution says. Speaking of the Constitution, all the news articles keep saying that Obama is creating a “new precedent.” Technically, I suppose he is

The recess appointments broke with legal precedent, as they while the Senate is holding regular pro forma sessions. Republicans insist the Senate has not been in recess thanks to the seconds-long sessions held every few days, but White House attorneys determined the procedural move is a gimmick that can be ignored by the president.

Article I, Section 5 of the Constitution, which states: “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.” Which means that the Senate cannot be in recess as long as the House stays open.

Article II, Section 2 states “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

The Senate is in session, whether the Democrats like it or not, meaning these appointments are un-Constitutional. But, then, when have Democrats ever cared what the Constitution actually says and means when it stands in their way?

Crossed at Right Wing News and Stop The ACLU.

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4 Responses to “Obama Breaks With Constitution, Appoints Cordray, 3 To NLRB”

  1. gitarcarver says:

    This is just so bizarre and, well, unConstitutional.

    Whether these appointments arise to the level of “high crimes and misdemeanors” is open for debate, but it darn sure close in my opinion.

    The real problem is that now that the appointments are made, there is little the Congress can do other than with funding the agencies.

    The costs of the non-legislated rules passed by this group will have to be litigated, which is an burden on private companies, and the government which will defend them.

    The Republicans should pound Obama and Reid on this one.

    Whether they do or not is another story.

  2. PatriotUSA says:

    Many POTUS have abused the recess break to appoint people into positions.

    The difference is how obama, the first muslim, illegal alien potus has done so with such blatant disregard for our Constitution and the legislative process. He is a disgusting potus and has passed jimmy ‘the dhimmi’ carter in my book as possibly the worst POTUS ever. He should have been impeached but everyone is afraid to be remembered as the those evil, white politicians who were led the way and were responsible for the impeachment of obama, the first black potus. Skin color has NOTHING to do with the poor job he has been doing. It would make no difference to me if he were White, Chinese or Hispanic. Just my opinion.

    While those who live in the arrogant world of leftardedville are still quick to hate and blame Bush for all our ills, one only has to look who has had power since 2006 and who has passed more bad laws and bills that have crippled the average American, legal citizen.

    Republican wins in 2010 have evaporated into partisan bickering that are fracturing the Conservative base that may be the only hope left for our country.
    I am talking about TRUE CONSERVATIVE values, not wishy washy GOP values which are now little different from the left.

  3. […] got no opinion on President Obama’s appointment of Richard Coudray (why do I keep thinking of Corduroy the Bear?) as… oh, whatever it was he appointed him […]

  4. Word says:

    Boehner never recessed the senate thus their is no way he can by pass congress to do this.

    He is breaking the law….where is the aclu? Where are the libtards screaming about GWB pissing on the constitution…….

    Where are they? Laughing all the way to the kremlin.

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