Saturday, March 3, 2012

Obama's unconstitutional power grab

We're a little slow in posting this one, but it's hard to keep up with the shredder-in-chief.---rng


from Human Events
Legislative Lowdown
by Brian Darling
1/09/2012


Last week, the President shredded yet another provision of the U.S. Constitution. He used an unconstitutional procedure to install Richard Cordray as head of the newly created Consumer Financial Protection Bureau (CFPB) and Richard Griffin, Sharon Block and Terence Flynn to be on the National Labor Relations Board (NLRB).

Obama installed them claiming his constitutional power to make recess appointments. Only problem is, the Senate isn’t in recess.

The President has ignored the clear words of the Constitution. As The Heritage Foundation’s Todd Gaziano wrote, “The Constitution, in Article I, section 5, plainly states that neither house of Congress can recess for more than three days without the consent of the other house.” Congress has been in session conducting business every few days.

Gaziano further observes that the President’s power under Article II to make recess appointments “has been interpreted by scores of attorneys general and their designees in the Department of Justice (DOJ) Office of Legal Counsel (OLC) for over 100 years to require an official, legal Senate recess of at least 10–25 days of duration.” The Senate is not even in a recess, therefore the President has abused his power.

This is an effort to circumvent the explicit language in Article II that the President can appoint officials only with the “Advice and Consent” of the Senate. Let’s hope that conservatives in the House and Senate do anything and everything in their power to fight this unconstitutional power grab.



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