Old Ridge Runner
Mayor
http://townhall.com/tipsheet/guybenson/2012/01/06/good_news_pelosi_proud_of_obama_for_ignoring_constitution#
Congratulations, Mr. President. You've made one special lady very "proud," even if you've done so by circumventing the document you swore an oath to uphold:
House Minority Leader Nancy Pelosi (D-Calif.) says she is “very glad” and “proud” that President Barack Obama appointed a director to the Consumer Financial Protection Bureau (CFPB) and three members of the National Labor Relations Board (NLRB) without putting them through Senate confirmations.
Article 2, Section 2 of the Constitution requires presidential appointees to be confirmed by the Senate before they can take office unless the Senate is in recess or if the appointments are to inferior offices that Congress has legally given the president the power to control. When the Senate is in recess, the president can make temporary appointments that last only until the end of the next session of Congress. However, the Senate was not in recess on Wednesday.
Kate has been all over this story -- from the announcement of these in-your-face, non-recess "recess" appointments, to the president mumbling about fulfilling his 'obligations,' or whatever. Pelosi's cheerleading, however, represents a new low in shamelessness. Over to you, Wall Street Journal editors:
Remember those terrible days of the Imperial Presidency, when George W. Bush made several "recess appointments" to overcome Senate opposition? Well, Czar George II never did attempt what President Obama did yesterday in making recess appointments when Congress isn't even on recess. Eager to pick a fight with Congress as part of his re-election campaign, Mr. Obama did the Constitutional equivalent of sticking a thumb in its eye and hitting below the belt. He installed Richard Cordray as the first chief of the Consumer Financial Protection Bureau and named three new members to the National Labor Relations Board. He did so even though the Senate was in pro forma session after the new Congress convened this week.
A President has the power to make a recess appointment, and we've supported Mr. Obama's right to do so. The Constitutional catch is that Congress must be in recess. The last clause of Section 5 of Article 1 of the Constitution says that "Neither House" of Congress can adjourn for more than three days "without the Consent of the other" house. In this case, the House of Representatives had not formally consented to Senate adjournment. It's true the House did this to block the President from making recess appointments, but it is following the Constitution in doing