“The recess appointments broke with legal precedent, as they were made at a time with the Senate is holding regular pro forma sessions. Republicans insist the Senate has not been in recess thanks to the seconds-long sessions held every few days, but White House attorneys determined the procedural move is a gimmick that can be ignored by the president.”
By Dell Hill
Meanwhile, back at the White House, President Barack Obama took advantage of the nation’s focus on the Iowa caucus to make what he has determined are recess appointments, while the Senate is not in recess.
The Hill has our report.
“The recess appointments President Obama announced Wednesday are “almost certain” to be challenged in court, according to a top official with the nation’s largest business lobby.
“You’ll Do It MY Way....The Hell With Your Constitution and Separation Of Powers”
The U.S. Chamber of Commerce has not decided whether it will file a legal challenge to the appointments, according to David Hirschmann, who heads the Chamber’s Center for Capital Markets Competitiveness. But he said he’s confident that Obama’s precedent-shattering move will land the administration in court.
"We've made no decisions ourselves," Hirschmann told The Hill.
"What we do know is ... it's almost certain ultimately a court will decide if what the president did is legal or not."
Obama infuriated Republicans Wednesday by announcing the recess appointment of Richard Cordray to be the first director of the Consumer Financial Protection Bureau (CFPB). Senate Republicans had blocked Cordray's nomination for months, so the president bypassed them with a recess appointment during the holiday break.
He followed that up later in the day with recess appointments for three members of the National Labor Relations Board (NLRB), heading off another likely GOP filibuster.
The recess appointments broke with legal precedent, as they were made at a time with the Senate is holding regular pro forma sessions. Republicans insist the Senate has not been in recess thanks to the seconds-long sessions held every few days, but White House attorneys determined the procedural move is a gimmick that can be ignored by the president.”
Read the entire report by clicking right here.
Dell’s Bottom Line: President Barack Obama is asking for impeachment proceedings and don’t be surprised if today’s move is enough to trigger such a call.
The President is telling the entire country, “F.....You, I’m going to do what I want and you can’t stop me”.
Legal action should immediately be filed and the matter fast-tracked to the Supreme Court. This foolishness has gone on long enough.
David Freddesso adds:
Article One, section Five of the Constitution states:
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days...
This presents a problem for President Obama, who claims to have just made a recess appointment when the Senate is not actually in recess. The Constitution says the Senate cannot recess for more than three days without the House's permission. The House has not granted permission, and as a result both houses have been holding pro forma sessions out of constitutional necessity.
There is an argument that pro-forma sessions are just a sham. Obama is not the first to make it. I don't find it very persuasive, but it's an argument that some very smart people make.
Yet in this particular case, in which the House has not consented to a Senate recess, the pro forma session does not seem to be the issue. The Constitution is the issue. Without the consent of the House to adjourn for more than three days, the Senate is in session, whether it wants to be or not.
The only argument left is one that the Obama administration has itself rejected -- that a three day "recess" is sufficient for such an appointment.