Was Obama's maneuver illegal? The Constitution says neither chamber may take a break of more than three days without permission of the other, but it doesn't declare that anything less isn't a recess. A 2011 report prepared for Congress by the nonpartisan Congressional Research Service says the Constitution doesn't specify how long the Senate should be in recess before an appointment can be made.
Protocol involving recess appointments is largely based on precedent, but precedent is a flimsy thing. Pro forma sessions, for example, broke precedent when they were first used by Democrats just four years ago. So essentially, Obama has decided to circumvent a relatively new tactic with a very old one - thumbing his nose at it.
The Disturber’s editors might want to put a little salve on that ass. One must wonder how many times they can take it for the team. Maybe we should send them a package of hemorrhoid cushions to ease their pain.
To demonstrate just how far on a limb the “presenters” have gone, the Heritage Foundation outlines just how grievous of a power grab this was:
Heritage’s Diane Katz has explained why that position should remain unfilled until the agency’s powers are modified, but the alleged recess appointment is outrageous no matter what position it would supposedly fill. What is shocking is that the Senate is not in a recess that would allow a recess appointment, and it can’t be under the Constitution, even if many Senators are not in D.C.
The Constitution, in Article I, section 5, plainly states that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives did not consent to a Senate recess of more than three days at the end of last year, and so the Senate—consistent with the requirements of the Constitution—is having pro forma sessions every few days. In short, Congress is still in session, and no one in Congress is saying (or can reasonably say) otherwise. It does not matter a wit that most Members of Congress are not in town voting on legislation, because ending a session of Congress requires the passage of a formal resolution, which never occurred.
Under Article II, section 2, clause 2 of the Constitution, the President has the power to fill vacancies that may happen during Senate recesses. That power has been interpreted by scores of attorneys general and their designees in the Department of Justice (DOJ) Office of Legal Counsel (OLC) for over 100 years to require an official, legal Senate recess of at least 10–25 days of duration. (There are a few outlier opinions, never sanctioned by the courts, that suggest a recess of six to seven days might be enough—but never less than that.)
The President’s purported recess appointment of Cordray would render the Senate’s advice and consent role to normal appointments almost meaningless. It is a grave constitutional wrong that Senator Mitch McConnell (R–KY) has already denounced. But it fits a pattern of extra-constitutional abuse by the White House that seems more interested in energizing a liberal base than safeguarding the office of the presidency.
The Disturber’s “monkey business” has been exposed once again.
Read more here: http://www.charlotteobserver.com/2012/01/08/2906406/breaking-precedent-thwarting-obstruction.html#storylink=cpy
http://blog.heritage.org/2012/01/04/a-tyrannical-abuse-of-power-obama-attempts-to-appoint-cordray-to-cfpb/
Heritage’s Diane Katz has explained why that position should remain unfilled until the agency’s powers are modified, but the alleged recess appointment is outrageous no matter what position it would supposedly fill. What is shocking is that the Senate is not in a recess that would allow a recess appointment, and it can’t be under the Constitution, even if many Senators are not in D.C.
The Constitution, in Article I, section 5, plainly states that neither house of Congress can recess for more than three days without the consent of the other house. The House of Representatives did not consent to a Senate recess of more than three days at the end of last year, and so the Senate—consistent with the requirements of the Constitution—is having pro forma sessions every few days. In short, Congress is still in session, and no one in Congress is saying (or can reasonably say) otherwise. It does not matter a wit that most Members of Congress are not in town voting on legislation, because ending a session of Congress requires the passage of a formal resolution, which never occurred.
Under Article II, section 2, clause 2 of the Constitution, the President has the power to fill vacancies that may happen during Senate recesses. That power has been interpreted by scores of attorneys general and their designees in the Department of Justice (DOJ) Office of Legal Counsel (OLC) for over 100 years to require an official, legal Senate recess of at least 10–25 days of duration. (There are a few outlier opinions, never sanctioned by the courts, that suggest a recess of six to seven days might be enough—but never less than that.)
The President’s purported recess appointment of Cordray would render the Senate’s advice and consent role to normal appointments almost meaningless. It is a grave constitutional wrong that Senator Mitch McConnell (R–KY) has already denounced. But it fits a pattern of extra-constitutional abuse by the White House that seems more interested in energizing a liberal base than safeguarding the office of the presidency.
The Disturber’s “monkey business” has been exposed once again.
Read more here: http://www.charlotteobserver.com/2012/01/08/2906406/breaking-precedent-thwarting-obstruction.html#storylink=cpy
http://blog.heritage.org/2012/01/04/a-tyrannical-abuse-of-power-obama-attempts-to-appoint-cordray-to-cfpb/
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