Last Updated:July 27 @ 04:49 pm

Obama's "Recess" Appointments

By Kay Daly

So the game of semantics has begun in the appointments process and Barack Obama is hoping you aren't paying attention, dear reader.

During a recess of three days or more, that is, when the US Senate is officially gaveled into recess for three days or more, the President of the United States has the opportunity to approve nominations that typically require Senate approval.

How long does a recess appointment last? According to the Congressional Research Service, a recess appointment expires at the end of the Senate’s next session or when an individual (either the recess appointee or someone else) is nominated, confirmed, and permanently appointed to the position, whichever occurs first. So it isn't necessarily a permanent solution, but it can circumvent the advise and consent process enshrined in that pesky little document called the US Constitution.

Obama, frustrated by his extreme nominees' inability to pass muster in the Senate, decided to recess appoint his most controversial nominees. Richard Cordray, now head of the Consumer Financial Protection Bureau and three nominees to the National Labor Relations Board were put into place by the President with the stroke of a pen, thanks to this recess appointment power.

There's just one problem. It wasn't recess.

This could, and frankly, should, turn into a huge Constitutional issue for this administration. For the President to completely ignore the advise and consent clause of the Constitution is inexcusable, unforgivable and if it had been a Republican who pulled this stunt, impeachable.

Time for the Senate Republicans to step up and put a halt to this willful shredding of the Constitution.

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Obama's "Recess" Appointments, 8.9 out of 10 based on 43 ratings





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21 Comments

  1. mcrankComment by mcrank
    January 4, 2012 @ 7:57 pm

    He has been ignoring the Constituion and established procedural process all along.  He has committed more than one impeachable offense and there should have been more than enough hell raised already to have had him removed from office some time ago.  Nobody stands up to him and calls his hand—he thinks he’s untouchable.

    The Democrats are certainly going to back him up and the Media will not utter a word about this.  Is everybody just going to put their heads in the sand and hope this goes away?

    REBEL!  GET RID OF OBAMA NOW!  HOW ABOUT AN OCCUPY THE WHITE HOUSE PROTEST?

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    • MichaellabordeComment by Michaellaborde
      January 5, 2012 @ 4:38 pm

      Impeach; run him out of the country on a rail.

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      Rating: 5.0/5 (9 votes cast)
    • judyaleeComment by judyalee
      January 5, 2012 @ 6:28 pm

        Sure is funny how……”two constitutional advisers to President George W. Bush argued in 2010 that presidents are allowed to make recess appointments despite pro forma sessions, writing, “[T]he Senate remains in ‘recess’ for purposes of the recess appointment power, despite the empty formalities of the individual senators who wield the gavel in pro forma sessions.”   
        
       
       

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    • KMcCComment by KMcC
      January 5, 2012 @ 6:37 pm

      judyalee, yes your post is true, however, it was never tested.  The democrat’s held power over both houses and would not pass / approve any appointment by President Bush.  They had failed to even bring up several Hundred Judicail appointment for reveiw.  This is not to approve of President Bush’s advisers comments, but this really needs to be TESTED IN THE SUPREME COURT.  IMO this is breaking the Constitutional Law.  The power for the President to appoint a TEMPORARY administrator was for the time when the Senate was out of session for months at a time as to ride by Horse from the western us took weeks, not hours by plane.     

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  2. mcrankComment by mcrank
    January 4, 2012 @ 10:42 pm

    You can see where the Liberals are perusing the Conservative forums to see how this is being received.

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    Rating: 4.5/5 (17 votes cast)
  3. onewildmanComment by onewildman
    January 5, 2012 @ 8:55 am

    This is just another abuse of authority, another reason to impeach and imprison Obama. The congress needs to immediately file suit against Obama. He and his legal staff try to pervert the meaning of every law and situation that does not fit with their visions of a one world government where he lord and master.  
     
     His lawyers got a good rebuke at the hearing regarding Obama’s ineligibility to be placed on the Georgia primary ballot. The judge said Obama does not meet the constitutional requirement of being a natural born citizen. He really should be unseasonably removed from the White House. His swearing in is null and void as you cannot break the law. The law has been broken no doubt about it.
     mcrank you are right the Obama trolls will be out in force and they are too stupid to know we are on to them as the don’t bother reading these comments. I bet they even have a list of members to look for and leave one star. Anyway Happy New Year everybody. Keep strong and fight liberals lies and propaganda.
    IMPEACH OBAMA NOW! ! ! ! ! !

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    • judyaleeComment by judyalee
      January 5, 2012 @ 6:31 pm

      Two constitutional advisers to President George W. Bush argued in 2010 that presidents are allowed to make recess appointments despite pro forma sessions, writing, “[T]he Senate REMAINS in ‘recess’ for purposes of the recess appointment power, DESPITE the empty formalities of the individual senators who wield the gavel in pro forma sessions.”   

      Sure is funny how when Republican Presidents do it, it’s all fine a dandy!   
        

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    • freedomfighterComment by freedomfighter
      January 5, 2012 @ 7:04 pm

      If a Republican President had done any of the things this White House chair sitter has done, he/she would not have survived the first offense without being impeached. Anything he does, the media turns a blind eye toward, along with all his backers. He is invisible when wrong is done.

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    • onewildmanComment by onewildman
      January 6, 2012 @ 9:26 am

      judyalee, The fact whether you like it or not is the Senate is not in recess and obama’s appointments are illegal! FYI this is not same situation as when Bush made recess appointments. You cannot compare apples and oranges.

      IMPEACH OBAMA NOW! ! ! ! ! ! 

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      Rating: 5.0/5 (8 votes cast)
    • pistol packing mamaComment by txgoatlady
      January 6, 2012 @ 1:09 pm

      Obama was too busy vacationing when they were actually in recess. Oh wait, he is on vacation a lot. How unfair for the senate not to recess when it is convenient for him. After all, he might not be able to afford all these nice vacations after we retire him. He has to take full advantage of the taxpayers money for as long as he can.

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    • CharieComment by Charie
      January 6, 2012 @ 5:30 pm

      Judygirl, are you not paying attention?  I don’t care if hundreds of Bush advisers said this………… IT NEVER HAPPENED.  I suppose in Liberal LaLa Land, talking about it equals doing it but not in the down to earth conservative land.  I know you must be able to read.  Trouble with comprehension?

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    • IronbearComment by Ironbear
      January 8, 2012 @ 5:21 pm

      The Brownshirt  trolls probably have reported us to the Reichsfuhrer of Justice; we’ll get our first choice of Gulags. I’m sure they think that we need to be re-educated. I say screw em’ they are slaves of the State and don’t even know it. Sheeple are stupid and are easily lead by frauds like King Barry.

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  4. ron1Comment by ron1
    January 5, 2012 @ 2:24 pm

    The congress is making themselves more irrelevant each year. All they can do now is bicker over insignificant legislation that obama does not care about. Their only concern is to get re-elected so they can maintain their power and increase their wealth. So why should they govern?

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    Rating: 4.2/5 (19 votes cast)
    • CharieComment by Charie
      January 6, 2012 @ 5:39 pm

      Well, that was a stupid comment.  If Obama doesn’t care about it then why did he do it?  This is not only an illegal appointment he has been made head of a new bureaucracy that Obama started.  We’re drowning in debt and your king is pouring water on a drowning country!  He’s said he would like to get rid of Congress because they’re in his way, but guess what………. you might want to pass the word along to His Highness that our Framers instituted a 3-way balance of power for just that reason – to keep power-mad would-be tyrants under control.

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    • bna42Comment by bna42
      January 6, 2012 @ 5:58 pm

      “Their only concern is to get re-elected so they can maintain their power and increase their wealth”.

      Obviously Obama has destroyed their “power”  since he seems to do exactly what he wants and has stated that he will act unilaterally if Congress does not do what he wants.  As long as the Senate is under Harry Reid’s control, they can block everything that comes out of the House and Obama can continue to claim gridlock is causing him to act without them.

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  5. Liberty4310Comment by Liberty4310
    January 5, 2012 @ 3:20 pm

    The star ratings, here, are ample evidence that Obama’s followers are reading these columns.

    I called my Congresswoman this morning and told her staffer that enough is enough.  By making recess appointments when no recess exists, Obama has clearly violated the Constitution and despite the election being only 10 months away, he must be impeached immediately.  Unless enough citizens do what I did, nothing will come of it.  I highly encourage all readers to take similar action.  We need to get it done. 

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    • onewildmanComment by onewildman
      January 5, 2012 @ 3:34 pm

       Liberty4310 I have called and constantly send emails to my rep. not that it will do any good as my rep is Diane Feinstein. I have never received anything back but form letters that most of the time don’t address my concerns. That wont stop me tho. I’m like a bad cold. I just wont go away.
       
      IMPEACH OBAMA NOW ! ! ! !

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    • KMcCComment by KMcC
      January 5, 2012 @ 6:29 pm

      Yes, I agree Obama should be impeached Now.  He has bent the US constitution many times. He is acting irrationally most of the time. Obama does not do his job as others who have a great deal of money are telling him what to do.  These same people are paying under the table for others to write his speeches.  Speaking of speeches, all he does is read them as he does not appear to be able to think on his own.  IMO Obama is just George Soros’ lackey, a hired actor.

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  6. Liberty4310Comment by Liberty4310
    January 5, 2012 @ 3:44 pm

    onewildman, that makes two of us.  Now let’s see whether enough others follow our lead. But what sickens me is that most of us get form letters from our representatives that never really address our comments or concerns. It’s easy to blame the voters for the mess we’re in, but does anyone in power really care? We need a lot more guys on our side.

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  7. freedomfighterComment by freedomfighter
    January 5, 2012 @ 5:14 pm

    A dead silence is never noticed except by those who benefit from it. I too have on several occasions contacted by Congressman, but to no resolve. I do not understand why this man who sits in the President’s chair has not already been removed from the office for offenses against our Constitution, which he took a oath to defend. Why is everyone so terribly afraid of this man?. We should not even have to worry about who can defeat him in the election, he should not even be in the position to be fighting for another term. I am afraid that, as with his other offenses against the Constitution, this one too will be overlooked and ignored by those who actually have the power to take care of the situation.
    We are in so much trouble.

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    • bna42Comment by bna42
      January 5, 2012 @ 5:53 pm

       ”Why is everyone so terribly afraid of this man?.”

      Freedomfighter, I believe there are two primary reasons:
      1. He is a black who plays the race card like a master. (Community Organizer)
      2. He is a radical Chicago-style thug who uses goons to get what he wants. (Community Organizer)

      Coupled with the fact that the media is completely in bed with him because they also are afraid of him, and you have the formula for a dictator.  He keeps the fight going, hoping it escalates to the point that he can declare martial law and take complete control. The only solution is immediate impeachment, and like others have said, I have contacted all my Congress critters on numerous occasions about impeachment, but they refuse to even discuss it.

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