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 administrations main achievements in Congress.
Mr. Obamas 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 ...
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
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.
next comes the sternly worded letter.
I’d prefer a duel.
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.
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?
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.
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.
The weak, effete, Republican elite always sound like wusses.
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.
ping
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.
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.
Exactly, SgtS.
Great post!
“the consumer bureau job just isnt that important”
How many of those does the federal government already have?
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.
“”I dont see any reason why the founders allowed this.””
See Post #29 - exactly right.
he can appoint all he wants... the funding still has to come from congress, right?
teeman
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.
NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
NOT WRONG!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
(see, anyone can use allcaps and exclamation points)
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.
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