Saturday, January 14, 2012

President Obama's unconstitutional "recess" appointment

President Barack Obama (Democrat) recently made a recess appointment, appointing Richard Cordray as director of a consumer protection agency (Consumer Financial Protection Bureau). The problem with this appointment was President Obama made a recess appointment when the Senate was not in recess!

Per the United States Constitutional executive branch appointment must be approved by the Senate. However if the Senate is in recess, the president can make appointments without the Senate’s approval. The problem here is the Senate was in a “pro forma session.” Article I, Section 5, Clause 4, mentions neither House can be adjourned longer than three days without the approval of the other House.

To satisfy this Constitutional requirement when one House is out longer without the approval of the other they then conduct a “pro forma session.” This is when a few Senators meet less than about a minute. This satisfies Article I, Section 5, Clause 4 of the Constitution.

However President Barack Obama (Democrat) does not recognize a “pro forma session” as the Senate being in session and made this appointment. This is extra constitutional and illegal.

Of course the Democrats in the Senate will not call the President on this, and the Republicans in the Senate are behaving as if they are Democrats. So between the President, and the Senate, it is “We the People” who are being trampled upon.

Related news article:

1 comment:

Sleepy Time ! said...

Wow Tony,can I read this before I go to bed? It is sure to work well on my insomnia.