By Phil Kerpen Published January 04, 2012
In 2008 candidate Sen. Barack Obama famously said: “This is part of the whole theory of George Bush that he can make laws as he is going along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States. We are not going to use signing statements as a way of doing and end run around Congress.”
Now, we find that not only was he kidding about signing statements – he recently used one to ignore about 20 provisions of the omnibus spending bill – but Obama also believes he can decide for himself that the Senate is in recess when it is not, overturn at least a hundred years of precedent, and bypass the Constitution’s
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Moreover, the president now considers it a political virtue that he is doing precisely what he criticized George Bush for doing: “make laws as he is going along.” Obama now says: “I refuse to take ‘No’ for an answer… when Congress refuses to act in a way that hurts our economy and puts people at risk, I have an obligation as president to do what I can without them.”
If he were acting within the confines of the law and the Constitution, the argument might make sense.But Obama has now adopted a theory of executive power so expansive that a reporter at a recent press conference understandably asked whether the president believes we have a virtual monarchy, a president of unlimited powers subject only to periodic elections but not to the rule of law.
According to a 1993 brief from the Clinton Justice Department, Congress must remain adjourned for at least three days before the adjournment constitutes a “recess” for the purposes the recess appointment power.
The origin of this three day period is Article I, Section 5 of the Constitution, which states: “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.”
In other words, the president can only recess appoint when the Senate has adjourned for more than three days, and the Senate cannot adjourn for more than three days without the consent of the House.
Speaker John Boehner has properly withheld that consent to prevent Obama from installing radical appointees into key positions.
There is recent precedent for this action and for its legitimacy.In fact, then-Obama Solicitor General Elena Kagan wrote to the Supreme Court on April 26, 2010:“Although a President may fill such vacancies through the use of his recess appointment power … the Senate may act to foreclose this option by declining to recess for more than two or three days at a time over a lengthy period. For example, the Senate did not recess intrasession for more than three days at a time for over a year beginning in late 2007.”
Obama’s attempt to “recess appoint” Richard Cordray while the Senate is in pro forma session is especially galling in light of the history of the new Consumer Financial Protection Bureau (CFPB) and the broad powers that Cordray – if Obama’s sleight of hand is permitted by the courts – will wield over the United States economy.
The CFPB has the power to interfere with every consumer financial transaction in the economy. It is housed in the Federal Reserve and funded out of Fed operations, not congressional appropriations, avoiding effective congressional oversight.
All power is vested in one individual – now, presumably Cordray – with no board or commission.None of this was part of Elizabeth Warren’s original design, which included a five-member commission that was funded and overseen by Congress.Senate Republicans have correctly called for reforms to make the new agency accountable before confirming a nominee and allowing it to begin writing rules that could have a major negative impact on the economy.
Obama doesn’t care.He’s making is up as he goes along.What a difference four years makes.
Phil Kerpenis vice president for policy at Americans for Prosperity and author of Democracy Denied: How Obama is Ignoring You and Bypassing Congress to Radically Transform America – and How to Stop Him.
- Obama’s 2012 Slogan: ‘Can’t Work With Others’ (genomega1.wordpress.com)
- Constitutional Scholar: White House Entirely Ignoring Article 1, Section 5 | CNSnews.com (manifestinjustice.wordpress.com)
- Is the Cordray Appointment Constitutional? (usnews.com)
- Constitutional Scholar: White House Entirely Ignoring Article 1, Section 5 | CNSnews.com (nootkabear.wordpress.com)
- Obama: Forget Congress; Richard Cordray’s my consumer… (shortformblog.tumblr.com)
- Obama bypassing Senate to appoint Richard Cordray consumer chief – Chicago Tribune (chicagotribune.com)
Accuracy in Media
The Obama State Department and a George Soros-funded organization calling itself Global Integrity have launched an “Open Government” international initiative that should be a subject of late-night jokes.
“Here in the United States, we’ve worked to make government more open and responsive than ever before,” Obama said, as his administration fights congressional requests for information about the Solyndra bankruptcy and the U.S.-Brazil alliance to help the socialist and pro-Castro Latin American country develop its own oil resources.
Interestingly, the new “Open Government Partnership” project was announced on Tuesday at the United Nations by President Obama and Brazil’s President Dilma Rousseff, a former Marxist terrorist…
This would be laughable were it not for the fact that the initiative and its cheerleaders, including those at the Soros-funded Center for American Progress, are apparently taking it seriously.
But the conservative legal group Judicial Watch has filed a number of lawsuits, complaints and Freedom of Information Act legal actions against President Barack Obama and his administration “in pursuit of the president’s repeated violations of the law and his contempt for the public’s right to know.”
Obama used his U.N. speech on Wednesday to urge the world to “harness the power of open societies” in order to fight corruption. [emphasis CAJ] This sounded very much like George Soros, a funder of this new project who has been spending hundreds of millions of dollars a year promoting “open societies” in the U.S. and around the world. Soros, one of the richest men in the U.S., named one of his foundations the “Open Society Institute” but runs a secretive off-shore hedge fund, the Quantum Group of Funds, based in the Caribbean country of Curaçao, a tax haven…
…The Soros role in the U.S. housing market collapse continues to be a subject of much controversy, stemming from a meeting he had with John A. Paulson, a Wall Street trader who made billions of dollars on the decline in housing prices.
A possible Soros role in the Obama Administration’s dealings with Brazil continues to generate controversy…
…The Global Integrity group is managing the project and says that it is “supported by a diverse mix of charitable foundations, governments, multilateral institutions, and the private sector.”
Center for International Private Enterprise (CIPE), an affiliate of the U.S. Chamber of Commerce
Inter-American Development Bank
National Endowment for Democracy
Open Society Institute (Soros-funded)
Open Society Justice Fund (also Soros-funded)
U.S. Department of State
Wallace Global Fund
The William and Flora Hewlett Foundation
The World Bank
Google is listed separately as having provided $350,000…
The complete article is at Accuracy in Media.
H/T Gulag Bound
Richard Miniter has a very interesting article in Forbes about the damage anti-American millionaire George Soros is causing to both Central Asia and the foreign policy of the United States.
Soros is an interesting if risible figure. For good reason his name is a boogieman name for we on the right. Truthfully, though, most on the right don’t really have a full grasp on what it is he does to make his name worthy of being put in the pantheon of history’s worst haters of America…
- Word Is That Geroge Soros Might Be Involved In The LightSquared Scandal Too (businessinsider.com)
- CULTURE OF CORRUPTION (CONT’D): Soros turns up in Obama’s LightSquared imbroglio. “As Republican l… (pajamasmedia.com)
- At UN, Obama calls for government openness (sfgate.com)
- Musical Chairs Game At The UN, With George Soros Controlling The Music (thepalinexpress.wordpress.com)
- Obama Details Open Government’s Next Phase (informationweek.com)
- Obama, The Epitome of Stupidity, Ignorance and Arrogance (fellowshipofminds.wordpress.com)
- George Soros: The Double Dip Is Already Here (businessinsider.com)
- Anonymous US officials push open government (seattletimes.nwsource.com)
- Are Leaders Meeting at the U.N. on NESARA and Disclosure? (stevebeckow.com)
- Scott Bessent Just Can’t Quit George Soros (blogs.wsj.com)