Skip to comments.Is (Communist Dictator) Obama's appointment of Cordray illegal? (YES!!!)
Posted on 01/05/2012 1:35:44 PM PST by tobyhill
Yesterday President Obama named Richard Cordray director of the Consumer Financial Protection Bureau (CPFB) with what is called a "recess appointment" -- one made while Congress is in recess. He did this because Republican senators had blocked confirmation of Cordray, also a Republican and former attorney general of Ohio. They do not object to Cordray but to how the CPFB is organized. Its financing, for example, comes from the Federal Reserve, which means Congress can't exert pressure on the agency by controlling its budget.
While this type of recess appointment is a common action for presidents, this one is fuelling a lot of argument because the Senate was technically still in session. The GOP senators, fearing Mr. Obama would do this, had been holding pro-forma sessions (pretend sessions where the Senate is called into session but no work is done). Senate Democrats used the same tactic during President Bush's administration.
These "sessions" are held every third day because traditionally Congress has had to be out of session for at least that period of time before a president can make a recess appointment. Cordray's is the first such appointment during a Senate break of fewer than three days since 1949.
(Excerpt) Read more at cbsnews.com ...
Since these clowns were illegally appointed, they should not be able to receive pay, expense reimbursement or even access to government facilities.
Its financing, for example, comes from the Federal Reserve, which means Congress can't exert pressure on the agency by controlling its budget.
Cordray is a Democrat. That’s why he got the job.
yes so now what is CBS going to do about it, report it, inform their viewers, or do what they always do and hide it, cover it and twist it.
As for the Congress not do anything , well yes they are , they are saying NO.
That does not mean you become a dictator
That's what this is all about. Had he made the appointment just one day earlier no one could have said a word from what I understand.
yep , you’re screwed
If the House of Representatives wants to, it can prevent any money from being spent to pay Cordray. It can de-fund the very agency he is appointed to.
This entire administration is illegal FUBO.
I think the Federal Reserve will eventually destroy America.
The constitution no longer matters. Pray for America.
It is time to impeach!!!!
Bush made 171 recess appointments, including Bolton as UN representative. Boy, did that ever make the Democrats scream! (But we loved him for it.)
The article says:
“These “sessions” are held every third day because traditionally Congress has had to be out of session for at least that period of time before a president can make a recess appointment. Cordray’s is the first such appointment during a Senate break of fewer than three days since 1949.”
Article 1, Section 5 of the Constitution says (in part):
“Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.”
I don’t think “tradition” has anything to do with the Senate holding a session every 3 days; I think it’s the longest time the Senate can go without a session, unless the House gives consent.
Didn’t the republicans in the House of Representatives vow to withhold, for the rest of Obama’s term, consent for the Senate to adjourn? If the House is sticking to that plan, then the Senate CAN’T adjourn.
Article 2, Section 2 says (in part):
“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.”
So I guess Obama is claiming the Senate is in “recess”, but it isn’t “adjourned”.
It seems to me that ANY U.S. Senator has standing to sue to block this so-called appointment. Is there even one pair of testicles in the Senate any more?
Not easily. It's funded through the Fed, and the Fed is pretty much independent of Congress.
That SHOULD be the course of action, along with impeachment proceedings against Emperor Hussein I, but Boehner and a bunch of other Lily Livered Wusses are in charge.
I guess that the answer will be found when a regulated industry sues on the grounds that the Department’s rulings are invalid because of the length of the recess. Three day, or ten day?