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Obama Uses Executive Authority to Make Recess Appointment — While Senate Is Still in Session

From The Blaze:

In a defiant display of executive power, President Barack Obama on Wednesday will “stick his thumb in the eye” of GOP opposition and name Richard Cordray as the nation’s chief consumer watchdog. Outraged Republican leaders in Congress suggested that courts would determine the appointment was illegal.

But why are Republican leaders outraged at this recess appointment? Well, mostly because the Senate is still in session.

Although President Obama has constitutional power to make appointments during a congressional recess, Republicans have moved to keep that from happening by having the Senate running in “pro forma” sessions, meaning open for business in name with no actual business planned.

The Senate held such a session on Tuesday and planned another one on Friday. Republicans contend Obama cannot make a recess appointment during a break of less than three days, based on years of precedent.

The Obama White House contends such an approach is a gimmick. For all practical purposes, the Senate is in recess and Obama is free to make the appointment on his own.

McConnell said that Obama’s move “lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’ role in providing a check on the excesses of the executive branch.

The president plans to argue that the appointment was necessary because, with a new director in place, the new Consumer Financial Protection Bureau can start overseeing the mortgage companies, payday lenders, debt collectors and other financial companies.

Read the rest at The Blaze.


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