PHOENIX, January 5, 2012 — Barack Obama has once again defied the Constitution with appointments of members to the National Labor Relations Board and a director to the Consumer Financial Protection Bureau without going through the constitutionally mandated Senate confirmation process.
Obama’s autocratic “recess” appointments are a transparent display of the lawlessness of the Obama administration.
Barack Obama isn’t afraid to hide his unjust appointments either.
In Ohio this week, the president said, “When Congress refuses to act — and as a result, hurts our economy and puts our people at risk — then I have an obligation as president to do what I can without them. I have an obligation to act on behalf of the American people. I’m not going to stand by while a minority in the Senate puts party ideology ahead of the people that we elected to serve. Not with so much at stake, not at this make-or-break moment for middle class Americans. We’re not gonna let that happen.”
Obama claims these appointments are to better the economy, but their unconstitutionality is outrageous.
When the president believes Congress is refusing to act, it is his job as president to bring them to together and push them into acting. It isn’t his constitutional prerogative to simply circumvent Congress to act on his own.
Yet this is precisely what Obama has done. His appointments are unconstitutional and lawless.
Obama pretended that the Senate is in recess and that it is his right to appoint new members to the NLRB and the CFPB. However, the Senate is in fact not in recess.
Article One, section Five of the Constitution states that, during a session of Congress, the Senate cannot recess for more than three days unless the House authorizes it to do so.
Well, the House of Representatives has not granted permission to the Senate to adjourn. Hence, the Senate has been in pro forma sessions.
Pro forma sessions prevent presidents from making recess appointments.
The unconstitutionality of the appointment lies in Article Two, section two of the Constitution which states that the president: “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
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.”
The constitution clearly states that these recess appointments can only be made when an official recess has been declared. Nowhere in the United States Constitution does it state that the president of the United States can determine when the Senate is in recess.
Because the Senate is in a pro forma session, President Obama’s “recess appointments” are unconstitutional. They undermine Congress’ constitutional authority.
Any member of congress on both sides of the aisle should be outraged at this appointment.
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