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Obama in 'Unprecedented' Power Grab - Defies Administration's Supreme Court Three-Day Recess Argument

Seeded on Wed Jan 4, 2012 3:29 PM EST
Read ArticleArticle Source: The Washington Times
politics, obama, richard-cordray, obama-power-grab, obama-recess-appointment
Seeded by Prophat247
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Defying Congress, President Obama used his recess appointment powers Wednesday to name a head for the controversial Consumer Financial Protection Bureau in a move Republican lawmakers said amounted to an unconstitutional power grab.

The president acted just a day after the Senateheld a session — a move that breaks with at least three different precedents which have held that theSenate must be in recess for at least three days before a president can act. Mr. Obama himself was part of two of those precedents, both during his own time in the Senate and again in 2010 when one of his administration’s top lawyers made the three-day argument to the Supreme Court.

The appointment in question is former Ohio Attorney General Richard Cordray, whom Mr. Obama tapped to head the CFPB. The board was set up under the new Wall Street regulation bill Democrats powered through in 2010, just before losing their majority in the House.

 

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  • Public Discussion (15)
Prophat247

I'm sure the Democrats won't mind when a Republican President does the same thing.

What a poor precedent to set...

  • 4 votes
Reply#1 - Wed Jan 4, 2012 3:32 PM EST
Ron Christman

What a poor precedent to set. . .

"What a poor attempt to stop the president from being successful", should be the comment.

The tea party crowd will stoop as low as possible to prevent any action that is good for Americans and then they have the audacity to whine when President Obama circumvents their unprecedented level of attempts to block legitimate appointments.

  • 1 vote
#1.1 - Wed Jan 4, 2012 6:03 PM EST
George-369262

How can the President make a recess appointment when Congress is not in recess ?

Yet another Federal agency is the very last thing we need. We should be eliminating Federal departments and agencies, not adding them.

  • 1 vote
#1.2 - Wed Jan 4, 2012 6:57 PM EST
Prophat247

This isn't about the Tea Party. They couldn't stop anything anyways...they don't have a majority in Congress.

    #1.3 - Thu Jan 5, 2012 1:35 AM EST
    Ron Christman

    This isn't about the Tea Party. They couldn't stop anything anyways...they don't have a majority in Congress.

    So just who is it that refuses to vote on appointees? What party is it that will use odd rules to keep them from even coming up for a vote or to filibuster an approval or bill just to try to cripple the administration? This most certainly is about those who are clueless about governing and completely uncaring about doing what is right for our country just so they can hurt our president.

      #1.4 - Thu Jan 5, 2012 8:37 AM EST
      Common.Cents

      @Ron Christmam, the party holding things up is the Republican party. The "TEA Party" in general is not Republicans.

      @Ron Christman wrote:

      So just who is it that refuses to vote on appointees? What party is it that will use odd rules to keep them from even coming up for a vote or to filibuster an approval or bill just to try to cripple the administration?

      You seem to have some confusion.

      The Republicans (the leadership that has been in Washington for a long time) is not the "TEA Party." As a matter of fact, the Republican leadership spent hundreds of thousands of dollars in the 2010 election cycle, during the primaries, opposing "TEA Party" candidates and promoting "ruling class" long time Republican Party Apparatchiks. They actually had more success at that than most people realize.

      I live in a district where in the august 2010 Primary, Washington based PAC's associated with Boehner, Cantor, Camp, Upton and several others contributed nearly a quarter million dollars to the "officially designated" candidate who was "next in line" to defeat an upstart "TEA Party" guy who dared to challenge the status quo.

      Most of the so-called "TEA Party" freshmen are actually long time Republican operatives who managed to infiltrate the TEA Party and coop their votes without necessarily supporting the principles and values that the TEA Party represents.

      To establishment Republicans, the TEA Party is only marginally less desirable than the Occupy crowd. Republicans want votes from the TEA Party people, but they don't want TEA Party people to challenge the status quo and try to "jump ahead in line."

      --
      ¢ommon ¢ents
      AKA @CommonCentsUSA

      • 1 vote
      #1.5 - Thu Jan 5, 2012 11:31 AM EST
      Reply
      brianfromPA

      I guess paybacks are what they say they are... Bush put judges in like this. John Bolton went in like this... Heck... Bush loved him some recess appointments... look it up.

      I for one have ZERO issue with this since the party of the 0.2% has been making sure this department never goes into existence. We can't have those bankers answerable to anybody now can we? We must have free trade, which in the United States means the ability to manipulate stocks and commodities to steal as much money from the middle class as we possibly can.

      • 1 vote
      Reply#2 - Wed Jan 4, 2012 4:13 PM EST
      Prophat247

      Pres. Bush used recess appointments, that's a known fact. But he didn't use a recess appointment for a one day recess, also a fact.

      Furthermore, do you honestly think that the Government (the same group that empowered Wall Street and the banks) will do much of anything to prevent what they caused and allowed to happen in the first place??

      • 3 votes
      #2.1 - Wed Jan 4, 2012 4:36 PM EST
      brianfromPA

      Didn't say that I did... but at least the office now has a head. Kind of like the presidency... SInce the '60s now it has been just a puppet office.

      • 1 vote
      #2.2 - Wed Jan 4, 2012 4:54 PM EST
      Common.Cents

      @brianfromPA, you might be right, there is a head. But there is no independent bureau until the Senate actually confirms a Director of the bureau. Section 1066 of the Dodd-Frank Wall Street Reform and Consumer Protection Act says this:

      The Secretary is authorized to perform the functions of the Bureau under this subtitle until the Director of the Bureau is confirmed by the Senate in accordance with section 1011.

      So, this "independent bureau" is actually part of the Treasury department, and answerable to the Treasury Secretary, and subject to Congressional oversight, until the Senate actually confirms a Director. A Director appointed by a recess appointment doesn't fit the requirements of the law.

      Also, the "recess appointments" made today will very likely be challenged in the courts, and I think they could be struck down.

      If these "recess appointments" stand, then the Constitution needs to be amended to do away with the Recess appointment provision at the end of Article 2, Section 2. This is dangerous. I would expect numerous states to object to this and propose changes to that section. I've already started letters to my State Rep and State Senator outlining the need to reign in this "recess appointment" power if the courts allow these appointments to stand.

      --
      ¢ommon ¢ents
      AKA @CommonCentsUSA

      • 1 vote
      #2.3 - Wed Jan 4, 2012 11:56 PM EST
      brianfromPA

      OK... I don't disagree with any of your points... But what do we do when Congress just sits on appointments to prevent offices from being created since it would hinder their campaign contributors, which is PRECISELY what is going on in this case?

      Do we just not have any agencies to protect the people? Allow the Oligarchy to run us over?

        #2.4 - Thu Jan 5, 2012 12:31 PM EST
        Common.Cents

        @brianfromPA, what we did in the past, when Republicans (dare I say "adults") were in charge back in 2006 and Democrats were filibustering appointees to the point where some Republican leaders were threatening the so called "nuclear option" was we had some Senators from each party negotiate a solution.

        The problem here is that no Democrats seem interested in negotiating, and there is nothing being offered to resolve the impasse. The Democrats currently are happy to allow the "obstruction" to fester because they think they can blame it entirely on the Republicans and score political points and win more elections by not solving the problem than they can by negotiating a solution.

        The other problem is that Senator Reid's leadership is so weak that Obama feels a need to just make an end run around the Senate.

        The solution is to vote out every incumbent Senator in 2012, and I'd even go so far as to vote out every incumbent member of the House.

        If we keep rewarding "Party over principle" and "party over country" politicians who have their first loyalty to their Party and the leadership of their Party, we'll keep having impasses like this.

        I don't think allowing the President to ignore precedent and ignore the Constitution is ever justified. This is a very dangerous action, and if it stands, the next Republican President (there will be one) will stretch this even further, "push the envelope" and make more "recess appointments" while the Senate is in session, possibly even on weekends, if necessary, and basically render the entire "advice and consent" requirement moot.

        This action yesterday was a big step toward a dictatorship in this country. Obama may not have the support to become the dictator, but we are closer now than we were last week.

        --
        ¢ommon ¢ents
        AKA @CommonCentsUSA

        • 1 vote
        #2.5 - Thu Jan 5, 2012 12:57 PM EST
        brianfromPA

        Problem with voting out incumbents is that we tend to get the last guy we voted out. Americans have too small an attention span to realize that our masters (corporate America) have 2 or 3 guys on retainer collecting a fat paycheck from a company to do meet and greets at the mall waiting for the next round of elections to go back in to office and write laws to benefit the minority.

        My only issue with everything you say is these two. The word dictatorship... It lends to making you look like you have ZERO clue of anything that is really going on in this country, and Two... Republicans being adults. Both parties lack any adults, as they are just children who do what they are told and collect the money that comes from it.

          #2.6 - Thu Jan 5, 2012 2:56 PM EST
          Reply
          magnoliaave

          His arrogance is appalling. He is a dictator.....doesn't need Congress and only needs himself and Holder!

          • 2 votes
          Reply#3 - Wed Jan 4, 2012 4:51 PM EST
          bob-1478320

          congress should make sure the dept is not funded

          • 4 votes
          Reply#4 - Wed Jan 4, 2012 4:55 PM EST
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