President’s “Recess” Appointments Unconstitutional, David Rivkin Testifies

OfficialWire, DavidRivkin.com ^ | 02/01/2012 | Staff

[american_steve]

The Committee on Oversight and Government Reform chaired by Darrell Issa (R-CA) is set to begin a hearing on the morning of February 1 on President Obama's recess appointments to the Consumer Financial Protection Bureau (CFPB) and the National Labor Relations Board (NLRB). During the hearing, titled "Uncharted Territory: What are the Consequences of President Obama's Unprecedented 'Recess' Appointments?", constitutional attorney David Rivkin will assert that the appointments are unconstitutional.

[SumProVita]

“Middlemen are not necessary.”

I am a realist.

“They all suck.”

Not true.

[Political Junkie Too]

If the Court is allowed to look past conclusions asserted by the legislature, into whether or not those conclusions are valid; then I submit that the president has the same power.

Isn't that the proper role of the Court, whereas it is not the proper role of the Executive?

-PJ

[Cboldt]

-- Isn't that the proper role of the Court, whereas it is not the proper role of the Executive? --

They are co-equal branches, and I suspect the Court would punt this one as being a political issue.

Rifkin's argument is that nobody can look past what Congress says it is doing, "see 'may make its own rules'". My point is that the "may make its own rules" protection or barrier is not absolute. A deliberative body that lacks a quorum, and is not making an effort to obtain one (quorum call) is just flat out not in session.

The Court was looking at the legislature's record because a litigant argued, to the court, that the law being enforced was not properly passed.

Not to say that a Court would or wouldn't do similar, if a litigant argues that an unconstitutional appointment resulted in an unconstitutional regulation.

But presidents are allowed to "go against" Congress and the Courts. Conflict between the three branches is inevitable, and which entity is superior varies, depending on the issue.

If Congress is offended deeply enough that the president is disregarding the will of the people, Congress can impeach and remove the president.