DOJ: Obama Recess Appointments Constitutional

[ProSense]

DOJ: Obama Recess Appointments Constitutional

The U.S. Department of Justice has released a legal opinion saying that President Obama’s recess appointments to the Consumer Financial Protection Bureau and the NLRB are constitutional. Read the opinion here.

The conclusion reads:

In our judgment, the text of the Constitution and precedent and practice thereunder support the conclusion that the convening of periodic pro forma sessions in which no business is to be conducted does not have the legal effect of interrupting an intrasession recess otherwise long enough to qualify as a “Recess of the Senate” under the Recess Appointments Clause. In this context, the President therefore has discretion to conclude that the Senate is unavailable to perform its advise-and-consent function and to exercise his power to make recess appointments.

http://livewire.talkingpointsmemo.com/updates/3997

[Bolo Boffin]

1. Ouch.

That's going to leave a mark.

[Kingofalldems]

2. Repubs were claiming he wouldn't make any appointments

He fooled them good.

[pinto]

3. Interesting call and a common sense one.

"...the Senate is unavailable to perform its advise-and-consent function..."

[Bolo Boffin]

4. I'd go further.

If nominees don't come up for a hearing and/or a vote within an appropriate period of time, I'd say the Senate is abdicating its advice and consent role and a recess appointment is then available to the President.

But that's me.

[pinto]

5. Good point. While the definition of "timely advise and consent" would be contentious, I'd

support seeing that hashed out.

[Lawlbringer]

6. But..

Isn't it in article 2 of the constitution? I thought the Prez could fill vacancies during recess.

[jberryhill]

7. Yes, the Constitution says that

The question here was whether or not the Senate was, or was not, in "recess".

[Lawlbringer]

9. I'm a giant idiot

My brain saw it as unconstitutional, rather than constitutional. I guess I'm always ready for conflict lol

[DCBob]

8. The GOPers will be howling about this one!

Ha!!!

[wiggs]

10. They are not in good position to make this a big issue. First,

Obama has made far, far fewer recess appointments than previous presidents. Second, being the party to defend the slimy abuse of senate tradition (having two or three guys bang the gavel and pretend senate is in session) is not a good position...the public will recognize it for the shenanigans it is. Third, the more they bring up these particular appointments, the more likely it is that their overall record of obstructionism and refusing to grant harmless appointments will become part of the discussion.

Obama has done what he has to both functionally and politically, here. Recess appointments made now will come up again for discussion only after the 2012 elections, after which we may have a different congressional makeup.

[leftyohiolib]

11. they want to get rid of the cfpb so my guess is they will make a hugh mess

out of this . they havent cared about consequences yet