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Thread: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by j-mac View Post
    Absolutely. It may not be the RNC that files the suit. But, because of the language of the law, the first decision that the CFPB makes under Cordray, it will be immediately challenged in court.

    j-mac
    actually the law requires that the post be filled with senate approval. not just the Constitution - but the statute establishing the post itself.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by cpwill View Post
    actually the law requires that the post be filled with senate approval. not just the Constitution - but the statute establishing the post itself.
    Does the law permit the Senate to refuse to submit the nomination to an up or down vote, thus thwarting the intent of the law?

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by AdamT View Post
    Does the law permit the Senate to refuse to submit the nomination to an up or down vote, thus thwarting the intent of the law?

    What the hell? You can't just make it up as you go along Adam. The Senate has rules, and as recent as 2010 the Obama administration stated that they would adhere to the rule of the pro forma session as legitimate. You may not like that Congress was blocking Cordray, and the NLRB nominees legally, but you can't just toss it out the window for that reason. What you are arguing is that Obama should be able to go around the Constitution, and Congress if he can't get his way...That is Bull.



    j-mac
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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by cpwill View Post
    actually the law requires that the post be filled with senate approval. not just the Constitution - but the statute establishing the post itself.
    Absolutely, and that is why I was saying that if the repubs in congress don't act, businesses under this fiat appointment reminiscent of a banana republic will.

    j-mac
    Americans are so enamored of equality that they would rather be equal in slavery than unequal in freedom.

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by j-mac View Post
    What the hell? You can't just make it up as you go along Adam.
    The irony of YOU posting that.

    The Senate has rules, and as recent as 2010 the Obama administration stated that they would adhere to the rule of the pro forma session as legitimate.
    Could you post that statement please, with a link? Thanks.
    "Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage

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    Re: Obama Defies Congress With ‘Recess’ Picks. Could Provoke Constitutional Fight.

    Quote Originally Posted by cpwill
    actually the law requires that the post be filled with senate approval. not just the Constitution - but the statute establishing the post itself.
    Read the rest, it continues by saying that the post will be filled..."in accordance with section 1011".

    Section 1011 says..."(2) APPOINTMENT.—Subject to paragraph (3), the Director shall be appointed by the President, by and with the advice and consent of the Senate".

    Which brings you back to the Constitution and recess appointments.


    Here's the Congressional Research Services’ May 2011 report on the subject.

    Although the CFP Act requires the CFPB Director to be confirmed by the Senate, the President could appoint a Director temporarily without Senate confirmation through his constitutionally provided power to make recess appointments. See U.S. Const., art. II, § 2, cl. 3 (“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”). A recess-appointed Director likely would be considered to have all of the authorities that would be held by a Senate-confirmed Director. CRS Report RL33009, Recess Appointments: A Legal Overview, by Vivian S. Chu.
    “We just simply don’t know how to govern” - Rep. Steve Womack (R-AR) a member of the House Budget Committee

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