Keane observations about life, politics and sports.

Friday, January 6, 2012

Recess Appointments

The last paragraph of Article II, Section 2 of the United States Constitution states:
"The President shall have the 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.

President Obama is clearly misusing and abusing this authority with his recent appointments to the National Labor Relations Board and the appointment of Richard Cordray to head the newly created Consumer Financial Protection Bureau. None of these appointments were made to fill vacancies that happened during a Senate recess.

Article II, Section 1 of the Constitution says of the president:
Before he enter on the Execution of the Office, he shall take the following Oath or Affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and to the best of my Ability, preserve, protect and defend the Constitution of the United States."

By his recent usurpation of congressional powers by ignoring the requirement of obtaining advise and consent of the Senate for these appointments is obviously in violation of the Constitution. These actions warrant serious response from the legislative branch. Making a few speeches denouncing this action is insufficient. The leaders in the Senate and House of Representatives need to make an unequivocal demand for President Obama to back down with the clear message that failure to obey the Constitution will result in initiation of impeachment proceedings.

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Blogger bob said...

It will never happen, impeachment would not be politically expedient. I don't believe they have the votes in the senate to make it stick. Plus I believe the media and a big part of the electorate would see it as fiddling while Rome burns.

January 14, 2012 at 2:50 AM

Blogger LargeBill said...

If they allow an unconstitutional power grab to stand that will be a lot less politically expedient in the long run. The House should not decide whether to charge a crime solely based on belief that jury (senate) is too corrupt to convict.

As far as the media spinning it negatively, media is not going to be on our side regardless. Obama is planning on running against a "do-nothing Congress" well this would at least be doing something. Beyond that does anyone find it ironic that a guy who spent his time in the senate abstaining (voting present) and looking for another job is now leveling the charge of doing nothing against others.

January 14, 2012 at 7:23 AM


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