A Blatant, Frontal Assault on the Constitutional Separation of Powers
Regarding the power of the President, Article 2, Section 2 of the Constitution states:
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
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.
The Senate’s power to pass on all appointments of Officers of the United States is explicitly enshrined in the Constitution. The one and only exception to this Congressional power occurs when the Senate is in recess. Despite the fact that, according to the Senate, the Senate is most emphatically not in recess, and despite the fact that they have been meeting every two days even over the holiday, the Obama administration has taken it upon themselves to declare that the Senate is in fact in recess and has made recess appointments to both the NRLB and the Consumer Financial Protection Bureau.
Consider the astonishing timeline here – Obama submitted the names of his proposed appointments two weeks ago - two weeks ago - there has been no filibuster of the appointments; there hasn’t even been a cloture vote scheduled. The Senate hasn’t taken any action one way or another because there’s this holiday that happens in the last two weeks of December that some Americans celebrate, but Reid has kept the Senate in pro forma session, including regular meetings, to preserve the Senate’s prerogative to advise and consent on Obama’s nominees, as it is absolutely and beyond caveat the Senate’s prerogative to do. Thus, despite the fact that the Senate isn’t even dragging its feet on these appointments, and despite the fact that the Senate has been adamant that it is not in recess, Obama has arrogated to himself the power to declare the Senate in recess for them and short circuit the entire Constitutional process for Senate confirmation of Constitutional officers.
This is nothing less than an assault by President Obama on the entire institution of the Senate. And it appears to serve no purpose other thanObama telling the Senate that he will do whatever he darn well pleases.
I can safely say that this is the ballsiest thing I have ever seen a President do that served absolutely no meaningful purpose at all. If Congress – and I am including Congressional Democrats in this – takes this lying down, it will set a breathtaking precedent and instantaneously demolish a significant part of Congress’ relevance. Consider that if Congress allows this to stand, then the next Republican President might just announce Jay Sekulow for his next SCOTUS appointment, and then two weeks later when the Senate breaks for the weekend, declare them in recess and appoint him to the Court. If Democrats consider this to be an undesirable view of the future, I would suggest that they figure out a way to cooperate with Republicans in making Obama pay a very real price for this blatant slap at their constitutional authority.
Say goodbye to the Constitution
banzaibob (Diary) Wednesday, January 4th at 9:13PM EST (link)It is either the ballsiest by the President or the most spineless by the Congress.
The sound of crickets is deafening.
Prefiero morir de pie que vivir de rodillas
It’s better to die upon your feet than to live upon your knees!
Emiliano Zapata
asdf
kestrel9001 Thursday, January 5th at 10:32AM EST (link)Recess Appointments by recent presidents:
29……Barack Obama
171….George W. Bush
139….President Bill Clinton
77……George H.W. Bush
243….Ronald Reagan
President Obama is far and away the least likely president to invoke this power. There is absolutely nothing unconstitutional about it.
re asdf
chrisnj Thursday, January 5th at 10:51AM EST (link)That may be kestrel, but the Senate in this case is NOT in recess, which makes Zero’s claim of privilage in this case, expressly illegal, and outside those powers allowed to him by the States and by the peopleas outlined in the Constitutional document.
He is hoping I am sure, that no one will bother to say ‘boo’, and the precident will be set.
It’s not ballsiness – it’s a bald-faced power grab.
You libs liked to moan endlessly about George W “shredding the Constitution”.
It seems plain now that those were crocodile tears you were shedding.
t’s not ballsiness – it’s a bald-faced power grab.
bgintn Thursday, January 5th at 11:48AM EST (link)The Cordray appointment and the three appointments to the National Labor Relations Board without Senate approval is an example of a desperate President.
The President gave warning of his intentions to preside over an imperial presidency for the next year. “What I’m not gonna do is wait for Congress,” he said. “So wherever we have an opportunity and I have the executive authority to go ahead and get some things done, we’re just gonna go ahead and do ‘em.” The President now, though, seems to have made a significant course correction. With these latest illegal, unconstitutional appointments, the President has jumped at an opportunity to act regardless of the fact that he has no executive authority to do it. And under his feet is a trampled Constitution and 100 years of precedent for which he has no use. It’s time for Congress and the American people to take a stand against President Obama’s abuse of power. – The Heritage Foundation
The reason, he realizes that he will not be able to be President. This is his last year to ram his agenda through.
Number Three of Four Appears To Be First.
Read the lawsuits, note they are Certification Class Action Lawsuits.
The Liberty Legal Foundation
http://libertylegalfoundation.org/
And also that these are not directed directly at Obama but at the failures in the certification.
It is time for our Represenatives to step up and stop him, not later, now!
We are doing our part, when are they going to do theirs?
Your rather dubious point is completely irrelevant to the conversation.
Mike Ferguson (Diary) Thursday, January 5th at 11:15AM EST(link)Recess appointments happen, every president uses them. Since you seem to have missed the point, or more likely are just trolling willful ignorance, the point is that he can’t make the appointment when the senate is not in recess. The senate has been meeting every 2 days, with the permission of the Democratic Majority Leader I might add, therefore they are not in recess, a tactic which was first started by……Oh yea, the Democrats to keep GWB from doing recess appointments that they didn’t like.
In my reading of the constitution the recess appointment power is actually only meant for the President to be able to fill critical positions that occur while they congress is in recess, such as the death of a major position holder during the holiday. That is not how it has been used in practice, so on that point I digress.
Stating that other Presidents have made recess appointments and even more recess appointments is nothing more than a liberal propaganda attempt to deflect from the actual issue at hand.
I would also point out that Obama’s statement of “I will not take no for an answer.” pretty much says it all. Obama needs to be reminded that, yes, he is the President, however he is JUST the President, not King, Emperor, nor Ruler.
Anyway, I have wasted more words and energy that I really meant to on an obvious troll who will not listen anyway.
Good Day and God Bless
Mike
Let us be sure that those who come after will say of us in our time, that in our time we did everything that could be done. We finished the race; we kept them free; we kept the faith.
Ronald Reagan
NOW can we start talking about Federalism?
DerKrieger (Diary) Wednesday, January 4th at 9:19PM EST (link)http://www.redstate.com/derkrieger/
Or do we wait until we are wearing real and not just metaphorical chains?
It’s obvious to even the most obtuse that the GOP is simply unwilling and unable to confront and stop this madman.
Today he has continued his Cloward-Piven strategy of overwhelming the GOP, the meda, and all that oppose him. He is doing so much, so fast that we can’t keep up.
Even if we get a GOP POTUS and capture the senate we won’t get 60 votes and the socialists will filibuster every bill aimed at rolling back the leviathan.
Have we lost? Is this the price of GOP cowardice and timidity?
I have NEVER feared for my liberty like I do right now. NEVER!
“In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.” – Thomas Jefferson
“I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on objects of benevolence, the money of their constituents.” – James Madison