President Obama's unconstitutional "recess" appointment

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Uploaded by on Jan 12, 2012

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:
http://www.sltrib.com/sltrib/world/53232996-68/obama-president-cordray-republ...

Recess appointment Richard Cardray Consumer Financial Protection Bureau pro forma session Article I unconstitutional Democrat President Barack Obama Senate Republicans propagandabuster propaganda buster Texas Daddy Tony

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All Comments (9)

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  • Every president uses recess appts. Obama was within his rights. Republicans manipulated the recess so people like you would think he acted improperly. Your prejudices and logical fallacies are so obvious

  • @PropagandaBuster2 you are leaving out ONE glaring fact. The constitution MANDATES that the Senate has a constitutional duty to "ADVISE AND CONSENT"! Advise means to give your opinion or in this case vote "yea" or "nay" on a nominee.

    Now let's see, a small minority of GOP Senators threatened to filibuster every single nominee Obama makes for the CFPB and NLRB regardless of character or qualifications because they don't like the Dodd- Frank law. There's no question here this is UNCONSTITUTIONAL!

  • U.S has the freedom of religion but as long as i know,all presidents except JFK were Protestant.Mr.Mitt Romney will be the candidate of The Republican but he`s a mormon.

    Can he become the president?

  • The Republicans should absolutely stir that pot. If it is shown that Obama clearly violated the Constitution, there will be a lot of disillusioned Democratic voters who will want an alternative to "willy-nilly-how I feely" governance!

  • nowonder you rip so many newspapers!

  • Shared on Facebook. One of your best vids. Thanks!

  • ★★★★★

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