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Obama to 'Recess Appoint' Cordray in Defiance of Congress (Congress is NOT in recess!)
NY Times ^ | 01-04-2012 | Helene Cooper

Posted on 01/04/2012 8:26:28 AM PST by montag813

President Obama will challenge Senate Republican foes of the newly created Consumer Financial Protection Bureau by naming Richard Cordray as its director while Congress is out of town, according to a senior administration official.

Testifying before Congress in September, Mr. Cordray said he would make judicious use of lawsuits to enforce financial regulations.

That would allow the agency to establish new regulations over financial institutions, putting into effect elements of the financial regulatory overhaul that was one of the administration’s main achievements in Congress.

Mr. Obama’s exercise of constitutional powers to name top officials without Senate confirmation while Congress is in recess is a stiff challenge to Republicans, who have attempted to block the maneuver by holding “pro forma” sessions over the holidays.

Senator Mitch McConnell of Kentucky, the Republican leader, objected strenuously, saying Mr. Obama was overstepping the bounds of his executive power and leaving the agency open to legal challenges.

“Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people,” he said.

(Excerpt) Read more at thecaucus.blogs.nytimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: backoffbarry; bhocorruption; bhofascism; bhotyranny; communism; cordray; corruption; democrats; dictator; fraud; govtabuse; hopeychangey; impeach; liberalfascism; lping; nobama2012; obama; obamatruthfile; powergrab; richardcordray; socialistdemocrats; treason; tyranny; unconstitutional
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To: montag813

The dictator might also be making NLRB recess appointments today:

“Something to monitor today:  Reports are out that the President will make a recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau.  Those same reports indicate that other recess appointments are coming today as well.  The big question, if true, is whether the NLRB nominees are among them.  I can’t imagine that, if other recess appointments happen, the NLRB wouldn’t be included, but we’ll have to see.  Stay tuned.”

http://lawprofessors.typepad.com/laborprof_blog/2012/01/nlrb-recess-appointments.html


21 posted on 01/04/2012 9:07:09 AM PST by Qbert ("The best defense against usurpatory government is an assertive citizenry" - William F. Buckley, Jr.)
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To: apillar

At some point in the near future, the House MUST flex some muscle or Obama is going to simply run over them and the SC is not going to stop any of it.


22 posted on 01/04/2012 9:13:57 AM PST by Eagle of Liberty (Shaking My Head on a daily basis)
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To: ScottinVA

next comes the sternly worded letter.

I’d prefer a duel.


23 posted on 01/04/2012 9:14:58 AM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: JohnBrowdie

Seems like a no brainer, but in the past Romney has been reluctant to even speak out against Congress passing a two month extension on the debt ceiling, so it will be interesting to see what he and the others will say about Obama.

Newt on the other hand, will naturally have no problems speaking eloquently and briefly on how this represents yet another example of Obama’s inability to govern.


24 posted on 01/04/2012 9:15:44 AM PST by nikos1121
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To: montag813

The republicans keep drawing lines in the sand and Obama keeps stepping over them. When are they going to stand up and act on their sacred oath to defend the constitution?


25 posted on 01/04/2012 9:17:19 AM PST by oldbrowser (They are Marxists, don't call them democrats)
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To: montag813

I didn’t like it when Bush put Bolton in by Recess Appointment and I certainly don’t like Obama doing it. I don’t see any reason why the founders allowed this.


26 posted on 01/04/2012 9:20:17 AM PST by napscoordinator (President Santorum is our future! A miracle is happening before our eyes!)
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To: going hot

He’s really going at it fast and furious isn’t he? I think the pub cand should say “Obama’s a LIAR. Here are 10 lies he’s told in the last 10 days” or something like that. Obama’s a CRIMINAL and then give examples of ten crimes that rise to the level of impeachment. Obama’s a SOCIALIST, then ten examples of that. Obama’s CORRUPT, then ten examples of that.


27 posted on 01/04/2012 9:25:33 AM PST by ichabod1 (Mr. Santorum.)
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To: montag813
Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people,” he said.

The weak, effete, Republican elite always sound like wusses.

28 posted on 01/04/2012 9:27:32 AM PST by Prokopton
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To: montag813; P-Marlowe; wmfights
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.

To be honest with you, an originalist would point out that recessing congress in the 1700's meant sending people hundreds of miles home to states far away. The journeys themselves could be a month or more long.

The reason for the "emergency" appointment was to respond to an unknown event (crisis) that emptied an office so that it had to be "fill(ed) up". With congress unlikely to reconvene for some time, and communication as slow as transportation, the "recess appointment" made sense.

It no longer makes sense and should be excised from the constitution by amendment. Every single senator can be tweated within minutes, and any inclination they had not to support a nominee could be known nearly instantly.

This applies to any president from any party. The "recess appointment" was not added to provide presidents a dodge around the advice and consent of the Senate. It was provided as a necessity that recognized the reality of slow travel and communications.

29 posted on 01/04/2012 9:28:40 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: lonevoice

ping


30 posted on 01/04/2012 9:29:07 AM PST by Pride in the USA
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To: Pride in the USA

And Cordray is HORRIBLE! He is a pure Progressive that doesn’t think that borrowers should repay their loans. And if they don’t, it’s the lender’s fault.


31 posted on 01/04/2012 9:34:16 AM PST by whitedog57
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To: xzins
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.

Clearly the language describes an occurrence which transpires simultaneous to the recess. The current vacancy predates the recess and thus does not meet the specific criterion described in the actual language of the Constitution.

32 posted on 01/04/2012 9:35:08 AM PST by Sgt_Schultze (A half-truth is a complete lie)
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To: Sgt_Schultze

Exactly, SgtS.

Great post!


33 posted on 01/04/2012 9:43:14 AM PST by xzins (Pray for Our Troops Remaining in Afghanistan, now that Iran Can Focus on Injuring Only Them)
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To: JohnBrowdie

“the consumer bureau job just isn’t that important”

How many of those does the federal government already have?


34 posted on 01/04/2012 9:43:58 AM PST by Thank You Rush
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To: montag813

and they have the cajones to say that the Republican field is extremist? Obama is the most far left radical saul Alinsky, Karl Marx protege President this country has ever had. America is as close to being ruled by a totalitarian Chavez like dictator than it has ever been.....

Republicans pounce or you are aiding and abetting the destruction of America.


35 posted on 01/04/2012 9:51:31 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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To: napscoordinator

“”I don’t see any reason why the founders allowed this.””

See Post #29 - exactly right.


36 posted on 01/04/2012 9:54:32 AM PST by Thank You Rush
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To: montag813

he can appoint all he wants... the funding still has to come from congress, right?

teeman


37 posted on 01/04/2012 9:57:16 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world.)
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To: Sgt_Schultze

IMO there couldn’t be a vacancy in an agency that is newly created and never had an agency head.

“”What Constitutes a “Vacancy”?”

“Historically, questions have arisen about the meaning of the constitutional phrase “Vacancies that may happen during the Recess of the Senate.” Does “happen” mean “exist” or “occur”?

The first meaning would allow the President to make recess appointments to any position that became vacant prior to the recess and continued to be vacant during the recess, as well as positions that became vacant during the recess.

The second meaning would allow recess appointments only to positions that became vacant during the recess. Although this question was a source of controversy in the early 19th century, Attorneys General and courts have now long supported the first, broader interpretation of the phrase.”


38 posted on 01/04/2012 9:59:07 AM PST by Thank You Rush
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To: Vineyard
You are technically WRONG!!

NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
NOT WRONG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

(see, anyone can use allcaps and exclamation points)

39 posted on 01/04/2012 10:00:26 AM PST by chimera
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To: apillar

1-866-220-0044, CALL NOW CALL OFTEN.... We cannot allow a Far leftwing progressive radical extremist President to turn America into Venezuela, Cuba or North Korea. Congress must act demand it now. I just called and I actually spoke to a Congressional Aid and this is what I said...

By appointing Richard Cordray the president has circumvented precedent and this action may in fact be against the law. The President using an excuse that he must act because of the economy, has now created a potential constitutional crisis this country cannot allow one man to weild unchecked and unrestrained power using any excuse he desires, As President Obama just did. Congress must act to bring this matter urgently to the attention of the American people and to put an end to the dictatorial type abuse that the President just inflicted on the country. Obviously this is typical of far leftwing progressive extremists like President Obama and I am very worried for the future of the country.


40 posted on 01/04/2012 10:04:33 AM PST by Typical_Whitey (Democrat socialist engineering of America is treason.)
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