Friday, January 6, 2012

Barack Obama - #3548 - Obama's Tyrannical Abuse of Power - Heritage Foundation (2) AUDIO: Mark Levin - 'We Have a Constitutional Crisis' (3) A Blatant Frontal Assault on the Constitutional Separation of Powers - Redstate

Standing behind a podium on a stage just outside Cleveland, President Barack Obama delivered a speech yesterday that will reverberate throughout history. No, its lasting impact will not come because of its soaring rhetoric. Instead, it will make its mark because it was at that moment on a Wednesday afternoon in Ohio that the President announced his plans to act in total and utter disregard of the U.S. Constitution with his illegal appointment of Richard Cordray to serve as director of the Consumer Financial Protection Bureau (CFPB).  It’s an astonishingly reckless exercise of executive authority that Heritage’s Todd Gaziano described as a “tyrannical abuse of power.” Never before in the 100-plus years of precedent on the recess appointment power has a President taken such an action while the Senate was still in session. Yet notwithstanding that fact, President Obama yesterday decided that he would be the first.  Here’s why the President finds himself so far outside of constitutional bounds. Under Article II, section 2, clause 2 of the Constitution, the President has the power to fill vacancies that may happen during Senate recesses, as Gaziano writes. In this case, President Obama was seeking to fill the vacancy in the CFPB, a new agency that has come under significant criticism given its unparalleled powers to issue expansive regulations with virtually no accountability. Republicans in the Senate, to date, have refused to confirm the President’s nominees to head up the CFPB, vowing to block Senate approval until reforms are made to the agency. So President Obama has decided to act without their approval by attempting to make a recess appointment. The trouble is that Congress is not in a recess because the House of Representatives never consented, as required under the Constitution, Article I, section 5. That means that the President simply does not have the power to make this appointment. Gaziano explains the implications of the President’s actions:  Read more.........

Audio: Mark Levin - 'We Have a Constitutional Crisis' - On his radio show last night, Mark Levin said that President Barack Obama has caused a “constitutional crisis” by appointing members to the National Labor Relations Board and a director to the Consumer Financial Protection Bureau without going through the constitutionally required Senate confirmation process.  “We have a constitutional crisis," Levin said. "It is in fact a constitutional crisis."  "The President of the United States is trashing the Constitution now day in and day out,” Levin said.  At one point, Levin likened the explanation Obama made yesterday for appointing these federal officials without Senate confrmation to the "forthright statement of a dictator."

A Blatant, Frontal Assault on the Constitutional Separation of Powers - Redstate - .......The Senate’s power to pass on all appointments of Officers of the United States is explicitly enshrined in the Constitution. The one and only exception to this Congressional power occurs when the Senate is in recess. Despite the fact that, according to the Senate, the Senate is most emphatically not in recess, and despite the fact that they have been meeting every two days even over the holiday, the Obama administration has taken it upon themselves to declare that the Senate is in fact in recess and has made recess appointments to both the NRLB and the Consumer Financial Protection Bureau.  Consider the astonishing timeline here – Obama submitted the names of his proposed appointments two weeks ago - two weeks ago - there has been no filibuster of the appointments; there hasn’t even been a cloture vote scheduled.  Read more.........

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