Obama Makes a Presidential Power Grab
President ignored the Constitution when he made a "recess appointment" when the Senate was not in recess.
In an alarming overstep of executive power, President Obama bypassed the constitutional nomination process and appointed a head to the Consumer Financial Protection Bureau, an agency created by the Dodd-Frank law, and three new members to the National Labor Relations Board.
This decision is an unprecedented power grab that ignores the checks and balances written into our Constitution. This reflects a growing resolve within the Obama Administration to engage in “my way or the highway” gamesmanship with Congress.
According to Article II of the Constitution, the president only has the power to make recess appointments when the Senate is not in session. If the Senate had been in recess when this occurred, then President Obama would have been within his executive branch powers to appoint individuals to these positions without waiting for the Senate to act.
But the Senate was not in recess. President Obama’s misguided decision to completely upend the checks and balances of the appointment process communicates a willingness to ignore Congress when the legislative branch thwarts his agenda, rather than work as co-equal branches of government.
President Obama and his administration tossed aside years of legal precedent and ignored the Senate’s constitutionally-granted “advise and consent” powers over presidential appointees. The Senate’s role is crucial in the nomination process as it holds the president accountable for nominees and provides the public with important information about key decision-makers in the Administration.
This is not the first time Congress prohibited recess appointments. At the end of President Bush’s presidency, the Democratic leader of the Senate, Harry Reid, kept the Senate in session, even when senators were not physically in Washington, as a strategy to block presidential recess appointments with which he disagreed.
These recent appointments are not the only example of executive overreach under the Obama Administration. The president has also expanded executive branch powers to his liking by using administrative rules to change policies when he has failed to pass his agenda through the legislative process.
For example, an Obama-proposed change to immigration policy would allow large numbers of illegal immigrants — not just a few isolated cases — to stay in the United States while the federal government decides on their case.
Under current law, illegal immigrants who are the immediate relatives of U.S. citizens must leave the country before they can ask the federal government to waive the bar on legally coming back to the United States. If the Obama Administration doesn’t like the law, then they should request a new law be passed by Congress.
For those keeping score, this is the second time President Obama has ignored Congress to enact significant changes to immigration policy. Last year, his administration announced it would review 300,000 cases and waive the deportation of some individuals who have clean or minor criminal records beyond their illegal immigration status.
These aggressive policies are backdoor attempts at rewriting legislation to push America closer to amnesty, a policy that democratically elected officials in Congress have rejected time and again.
I vehemently oppose the president’s disregard for our Constitution. Our framers designed the Constitution to protect American liberty by prohibiting any one person or party from achieving tyrannical rule. We should aim to preserve and protect those limits in the Constitution, not pick and choose their application.
Gofaq Uurslf
3:28 pm on Sunday, January 15, 2012
I agree with Jimmy.
St. Swithin
4:27 pm on Sunday, January 15, 2012
Typical hogwash from Rep S. On his website he announces all the meetings he will have while he is back in Wisconsin. How is this not recess? Republicans have deliberately stalled the nomination process and refused to allow qualified nominees to come up for a vote. Rep S and the rest of the Republicans knew these candidates would be approved if it came up for a vote. They tried a gimmick with a "pro-forma" session in which everyone went home except one person to bang a gavel. Now they are whining because Obama called their bluff. I recommend Rep S and the others quit playing games and start working to improve this country. How many jobs bills got passed last session? Ummm, that would be none.
richeich
6:21 pm on Sunday, January 15, 2012
More incorrect garbage about obama
Bob McBride
7:56 pm on Sunday, January 15, 2012
From the article above:
"This is not the first time Congress prohibited recess appointments. At the end of President Bush’s presidency, the Democratic leader of the Senate, Harry Reid, kept the Senate in session, even when senators were not physically in Washington, as a strategy to block presidential recess appointments with which he disagreed."
Whether you like Jimbo or not, this happens to be the truth. So let's can the fake outrage over a fairly standard bit of political gamesmanship.
Jay Sykes
10:09 pm on Sunday, January 15, 2012
With today's Meet the Press appearance, Harry Reid now find himself on both sides of the argument, as he finds Obama made the recent appointments within the framework of the Constitution, but the same Constitution prevented Bush from making appointments during a pro-forma session. Looks like Obama was on one side when he was a Senator, during the Bush Presidency, and now as President.....(oh well you should all know the drill by now....)
And does anyone need to be reminded???
....it is now 1006 days, and running, since the Senate under Reid, passed a budget.
Randy1949
5:21 pm on Sunday, January 15, 2012
Hmmm . . . we've had this agency for a year and a half and this nominee for six months. Certain interests in Congress have been blocking the vote all that time. Whose side are you on, Mr. Sensenbrenner?
LPH
6:29 pm on Sunday, January 15, 2012
Congress has been in recess. They are just playing a 3 minute game in which they have done no work. No legislation is being discussed or voted on, thereby, they are in recess.
Santa's Elf
8:31 pm on Sunday, January 15, 2012
My concern is that Congress has ignored all the power grabs made by not only O'Bama, but also Bush et. al., and only speaks up when it's politically expedient to do so.
Where's our checks and balances now Mr. Madison, Mr. Hamilton, Mr. Jay? Where are they!
michael aita
7:27 am on Monday, January 16, 2012
the gop does not want anyone in the consumer protection job. finally obama stood up to an obstructionist congress. sensenbrenner needs to be retired
Randy1949
11:17 am on Monday, January 16, 2012
Yes, this is a way to keep laws enacted to protect the consumer from actually being enforced, which is as much of a power grab by a minority in Congress as Rep. Sensenbrenner is accusing the President of.
My understanding is that the GOP wants certain changes to the law, not that they object to the nominee. Perhaps Mr. Sensenbrenner woulod care to explain what changes he personally wants made so that we can see if he's defending our interests or someone else's.
Vicki Bennett
8:57 am on Monday, January 16, 2012
Like Bush didn't make recess appointments? Ha! That's the pot calling the kettle black!!!
CowDung
9:26 am on Monday, January 16, 2012
Did Bush make recess appointments when the Senate was not in recess?
St. Swithin
10:08 am on Monday, January 16, 2012
Wikipedia - George W. made six recess appointments - the most famous being John Bolton to U.N. rep. Democrats filibustered several of these. In Bolton's case it was due to refusal of the White House to release certain documents that might put Bolton in a bad light. In 2006, when Democrats got control of the Senate, Reid started pro forma sessions to prevent recess appointments.
If you agree that Reid's pro-forma sessions were gimmicks (which I do) then the current attempts by Republicans are also gimmicks. Congress needs to quit screwing around on this. Nominees need to be given a little time for evaluation and then a vote should be called. I would like to see a rule that says if a nominee is not voted on within a certain time then he automatically gets the position.
CowDung
10:15 am on Monday, January 16, 2012
I think I can agree with that. They should stop the gimmicks, evaluate the nominees and put them up for a vote.
Dave Koven
10:55 am on Monday, January 16, 2012
I don't understand what our elected officials are doing. They are governing (or not) as if they had some other planet to live on after this one gets destroyed by war, revolution, pollution, or greed. Start thinking like true patriots about what would truly help your country instead of what will get you re-elected, stymie the other party from being able to make progress, paying someone back for a political favor, or advancing a lobbyist's dream because it would line your own pocket. I don't think the "Founding Fathers" intended democracy to be the cause of its own demise. Just because something CAN be done doesn't mean it should be done.
Steve
11:56 am on Monday, January 16, 2012
Only a socialist would cut or "restructure" these departments: The Commerce Department, The Small Business Administration, The Office of the U.S Trade Representative, The Export/Import Bank, The Overseas Private Investment Corporation, The Trade and Development Agency.
But that is exactly what Obama is asking for. Seems they all have one thing in common, private business.
Spread the wealth around, only one year left to do so.
Dawn
6:29 pm on Monday, January 16, 2012
All of these departments have been staffed with corporate shills, they don't work for the people, just the corporations. It's not the corporate states of America, it's the United States. At least I hope it isn't.
Steve
9:17 am on Tuesday, January 17, 2012
People work for corporations in the private sector. At lease some of us still do, 4 more years of Obama and we will be deeper in socialism spreading more wealth around as he sees fit.
These departments help business large and small, which is a threat to Obama's and your model of the world.
Ross Nevin
12:41 pm on Monday, January 16, 2012
http://www.thedailyshow.com/watch/thu-january-5-2012/commission--impossible---consumer-financial-protection-bureau-chief-appointment
St. Swithin
2:17 pm on Monday, January 16, 2012
Hey Rep S! If you are really concerned with presidential power grabs (as opposed to trivial things like jobs or the economy) then you should go after signing statements. THERE is a power grab. Congress passes laws and the President signs a little piece of paper that says he can ignore those laws. If I was a congressman I would be outraged over this clear breach of the separation of powers as defined by the Constitution. These signing statements peaked with Bush, but Obama is not shy about using them either. In your long career in Congress why have you never brought this up?
RT
4:58 pm on Monday, January 16, 2012
Impeach the SOB Obummer!!!
Dennis Allen
2:01 pm on Wednesday, January 18, 2012
Why is Rep. S. opposed to protecting the little guy ? This SOB need to be recalled also.