COMMENTARY | President Barack Obama has shown, yet again, that he has no respect for the laws of the land or the Constitution of the United States.
Obama appointed failed Ohio Attorney General Richard Cordray to head a newly created job killing bureaucracy, the Consumer Financial Protection Bureau (CFPB), Wednesday.
On his website, barackobama.com, this appointment was announced: "President Obama appointed Richard Cordray as director of the Consumer Financial Protection Bureau-because when Congress refuses to act, he will."
The thing is, Congress did act; they just didn't do what he wanted them to do. Congress rejected Cordray's appointment, just as Ohio voters rejected him after only two years (2009-2011) due to his failure to protect Ohioans. Cordray refused to join the fight against another job killing albatross, Obamacare, which is what got current AG Mike DeWine elected.
Ohio voters also overwhelmingly passed a constitutional amendment in November banning the unconstitutional individual mandate imposed by Obamacare.
In a press release response Wednesday, Senate Minority Leader Mitch McConnell stated, "Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people by 'recess' appointing Richard Cordray as director of the new CFPB."
Article 2, Section 2 of the Constitution states, "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate."
Two problems, there was no vacancy and the Senate was not in recess.
The position was held by Rajeev Date since February 17, 2011, according to the CFPB website. Date held this position until Cordray was appointed as his replacement.
Article 1, Section 5, Clause 4 of the Constitution provides that neither house of Congress may adjourn for more than 3 days without the consent of the other house.
The Senate is in pro forma (Latin - as a matter of form) sessions, which are used to comply with the "Adjournment Clause" shown above by ensuring that the Senate does not adjourn for more than 3 days. It also prevents the president from making recess appointments by not going in recess.
Senate Majority Leader Harry Reid used the pro forma in order to block George W Bush from making recess appointments from November 2008 until the end of Bush's Presidency.
According to a report from the Congressional Research Service, a 1993 Department of Justice brief (Mackie v Clinton) "implied that the President may make a recess appointment during a recess of more than three days."
The report also shows that "a provision of the FY2008 Financial Services and General Government Appropriations Act...reads, 'Hereafter, no part of any appropriation contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person."
This tyranny must be stopped. I support Perry, but any of the Republican candidates would be an upgrade, except for Ron Paul.
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