“If we must have an enemy at the head of Government, let it be one whom we can oppose, and for whom we are not responsible, who will not involve our party in the disgrace of his foolish and bad measures.”
- Alexander Hamilton. Spiritual father of #NeverTrump
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.
"Yes I read the 9th [amendment]. It doesn't say **** about abortion." -Jamesrage
Read the rest, it continues by saying that the post will be filled..."in accordance with section 1011".Originally Posted by cpwill
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.
“I’m worried that I will be the last Republican president.” - George W. Bush