Congressional Republicans whining now that Obama fights back

The Consumer Financial Protection Bureau is a fact of law, created by majority votes of both the House and Senate and the signature of the president. To serve as director of the CFPB — a post also created by law — President Obama named Richard Cordray, a well-respected former attorney general from Ohio who has drawn bipartisan support from his former AG colleagues around the country.

In fact, Cordray’s nomination represented an attempt at peacemaking on Obama’s part. He initially intended to appoint Elizabeth Warren to the job, but settled on Cordray as an gesture of good faith.

It did him no good. Congressional Republicans do not like the CFPB or its mission of protecting citizens from financial fraud. Ensuring that members of the public aren’t cheated through mortgage fraud or credit-card abuses is, in their minds, an illegitimate federal function and an example of overregulation.

However, because they lack the votes needed to kill the agency or enact changes in its structure, GOP leaders have chosen to hamstring the agency by refusing to let the Senate vote on Cordray’s appointment. As long as it has no director, the agency cannot perform basic functions assigned to it by law, such as oversight of payday lenders and private student lending.

That point is important. Congressional Republicans are trying to prevent a duly created federal agency from carrying out the duties described for it in federal law, and they make no bones about it. They have acknowledged that they have no problem with Cordray, and that they intend to block the appointment of anyone for that position. It is, in other words, a temper tantrum thrown by childish people who can’t get their own way.

Today, President Obama is appointing Cordray anyway, citing his constitutional power to appoint executives when Congress is not in session. That has outraged congressional Republicans, who claim that Congress technically remains in session even though in reality the Senate finished business on Dec. 19 and does not reconvene until Jan. 23.

Here’s Speaker John Boehner:

“This is an extraordinary and entirely unprecedented power grab by President Obama that defies centuries of practice and the legal advice of his own Justice Department. The precedent that would be set by this cavalier action would have a devastating effect on the checks and balances that are enshrined in our Constitution.”

Just to be clear, there is nothing in the Constitution that allows a minority of senators to block confirmation of presidential nominees. The power to do so comes from Senate rules, not the Constitution, and those rules have been bent and twisted in recent years to give the Senate minority a veto power over executive appointments that the drafters of the Constitution never envisioned.

Furthermore, when the Founding Fathers gave the Senate the power to confirm presidential nominees, they did so to give Congress oversight over who was being nominated. It was never intended to serve as a mechanism to cripple legal government functions.

In effect, Obama has implemented a “work-around” to address extra-constitutional efforts to hamstring the executive from the performance of duties outlined in the law. He is attempting to make government work on behalf of the American people; congressional Republicans are attempting to ensure that it does not.

UPDATE: A similar set of circumstances has forced President Obama to make three recess appointments to the National Labor Relations Board, a step that will be at least as controversial as the Cordray appointment. The five-member NLRB has just two officially confirmed members, and that’s insufficient to do business because two members don’t constitute a quorum. By refusing to confirm new members, Senate Republicans had hoped to put the NLRB out of business.

Over the last two years, Obama has nominated four people to the NLRB. The Senate has voted on none of them. That includes Terence Flynn, a Republican nominated to the board a year ago tomorrow. Today, Obama used the recess loophole to install Flynn as well as two Democrats, Sharon Block and Richard Griffin.

– Jay Bookman

558 comments Add your comment

Welcome to the Occupation

January 4th, 2012
2:36 pm

It’s all Elizabeth Warren’s fault.

Granny Godzilla

January 4th, 2012
2:38 pm

It’s gonna be so much fun!

I love American Politics.

Michael

January 4th, 2012
2:39 pm

He is going to make the Pubs look like fools and tools for the rich on this like he did the recent payroll taxes.

Mick

January 4th, 2012
2:39 pm

Republican hypocrisy, two words – john bolton…

Paul

January 4th, 2012
2:40 pm

Nice continuation from downstairs.

I suppose a basic question is, who is really the one trying to subvert the Constitution?

President Obama, by appointing a director to a lawfully-created agency, or

Congressional Republicans, trying to block a law from taking effect?

Rule of Thumb: the one who screams the loudest is often the one at fault. Boehner or Obama? One temper tantrum, one reasoned explanation.

(ir)Rational

January 4th, 2012
2:41 pm

Not entirely sure what the issue is here. Obama, and every other president that I can remember has been making recess appointments every time they get the chance. The Senate, by it’s own rules can do what it is choosing to do. Neither may be the best policy, and neither are necessarily correct, but it is the way government seems to “work” in this country. No amount of whining by Obama, Congressmen or Jay is going to really change that.

Peadawg

January 4th, 2012
2:42 pm

” who claim that Congress technically remains in session even though in reality the Senate does not reconvene until Jan. 23.”

So it doesn’t reconvene until the 23rd yet they are still in session? Give me a break. Can someone please get Boehner some cheese to go w/ his whine? Quick! Call whine-1-1 to get Boehner a wambulance. Oh…don’t forget the waburger and some french cries.

Welcome to the Occupation

January 4th, 2012
2:43 pm

Just a minor language quibble here, Jay.

Congressional Republicans are trying to prevent a duly created federal agency from carrying out the duties described for it in federal law, and they make no bones about it. They have acknowledged that they have no problem with Cordray, and that they intend to block the appointment of anyone for that position. It is, in other words, a temper tantrum thrown by childish people who can’t get their own way.”

I disagree with the description of this as a tantrum, which is something that tends to have no higher motivating factor than the fact that one doesn’t get one’s way all the time. There’s nothing tantrum-like here, as this is a cold and calculated, and most importantly, thoroughly ideological motivated, campaign to sabotage an agency that is a direct affront to the ideology of the perpetrators. I think tantrum and childish diminish the seriousness, and all-too grown-up calculated cynicism of the people carrying out these tactics.

Welcome to the Occupation

January 4th, 2012
2:45 pm

Sorry, got my tags wrong. Here’s my post again:
————-

Just a minor language quibble here, Jay.

Congressional Republicans are trying to prevent a duly created federal agency from carrying out the duties described for it in federal law, and they make no bones about it. They have acknowledged that they have no problem with Cordray, and that they intend to block the appointment of anyone for that position. It is, in other words, a temper tantrum thrown by childish people who can’t get their own way.

I disagree with the description of this as a tantrum, which is something that tends to have no higher motivating factor than the fact that one doesn’t get one’s way all the time. There’s nothing tantrum-like here, as this is a cold and calculated, and most importantly, thoroughly ideological motivated, campaign to sabotage an agency that is a direct affront to the ideology of the perpetrators. I think tantrum and childish diminish the seriousness, and all-too grown-up calculated cynicism of the people carrying out these tactics.

Not Scott the d***

January 4th, 2012
2:46 pm

Recess Appts:

Obama: 29/9.66 @ year
Bush: 171/21.4 @ year
Clinton: 139/17.4 @ year
Bush: 77/19.25 @ year
Reagan: 243/30.38 @ year

Oh my, the Repubs do this all the friggin’ time… please hush now.

Granny Godzilla

January 4th, 2012
2:47 pm

From TPM:

Republicans are predictably attacking President Obama’s decision to recess appoint Richard Cordray — his top consumer watchdog — on procedural grounds and with constitutional volleys. This is why Obama and Cordray’s allies thought it might be wiser for Obama to make the appointment on Tuesday when, for technical reasons, he could have relied on precedent and avoided opening this particular Pandora’s box.

But by taking a more daring approach, Obama managed to both wrongfoot the GOP politically, and secure for Cordray up to an extra year in the director’s chair at the Consumer Financial Protection Bureau.

Here’s why:

By definition, a recess appointment expires at the end of the next full session of the Senate. If a nominee is recess appointed in the middle of a Senate session, he or she serves through the rest of that year, and through the next session.

Yesterday, it turns out, the Senate made the switch from the first to the second session of the 112th Congress. Some advocates hoped Obama would use the brief seconds between those two sessions to make the appointment. Because previous Presidents had seized that opening to make numerous recess appointments, Obama could have avoided a procedural or legal fight with the GOP. The rub, though, is that Cordray’s appointment would have expired at the end of the year. The “next full session,” after all, would have began mere seconds after his appointment was official.

By acting today, with session two of this Congress technically under way, Obama has given Cordray the rest of this session and the full next session of the Senate to run the bureau. Cordray could potentially serve through the end of 2013.

The Congressional Research Service outlined this in a recent report (PDF) — and the White House and Senate leaders of both parties confirm the analysis.

carlosgvv

January 4th, 2012
2:49 pm

Once again Republicans are making it crystal clear that protecting the interests of Big Business is their only concern and that they have zero interest in working on behalf of the American people. So once again I wonder, I just can’t help but wonder, why millions and millions of Americans still support them? It seems the more brazen they become in showing their contempt for average Americans, the more loud support they get from their electorate. Is their some sort of political death wish affecting Republican voters?

Finn McCool

January 4th, 2012
2:49 pm

Obama rarely invokes his recess appointment authority, compared to past presidents. Until now, he has made 28 recess appointments. By contrast, former President George W. Bush made more than 170 during his presidency and former President Bill Clinton made almost 140.

Source: HuffPo.

faithfulpeacekeeper

January 4th, 2012
2:49 pm

Now this is an awesome piece of journalism. Thanks Jay!

AmVet

January 4th, 2012
2:51 pm

Good job, Mr. President.

And I look forward to the brilliant Ms. Warren being a United States senator soon.

Hopefully she will in comparison, embarrass incompetent men like Boehner McConnel, Kyl, Cornyn, et al in a very public fashion.

All of whom are completely bereft of any moral courage or intellectual honesty…

Misty Fyed

January 4th, 2012
2:51 pm

No…Obama is gaming the system just like the Republicans are doing. It’s politics.

Finn McCool

January 4th, 2012
2:51 pm

He should just go ahead and appoint all the rest of the ones he is waiting for. Keep the Repubs busy for a while.

Mick

January 4th, 2012
2:51 pm

Just about everything the congressional repubs throw at president obama lately, he just smacks them back down and makes them look like the losers and cry babies they truly are…

Not Scott the d***

January 4th, 2012
2:56 pm

carlosgvv

January 4th, 2012
2:49 pm

The primary electorate and the general electorate are not the same…

Primary GOP voter is full of bile, hate, meanspiritedness, and a touch of racism.

General GOP voters are much like general Dem voters: ignorant of most issues, driven by their own wallet, distrustful of negative ads, and wildly logically inconsistent.

St Simons - we're on Island time

January 4th, 2012
2:57 pm

ok, good, we get Cordray in Consumer Prot AND Warren in the Senate.

Keep pitchin that toddler fit, cons. The whole world and over half of

‘merka hates you. You’re making this too easy.

Granny Godzilla

January 4th, 2012
2:57 pm

Misty

It may be….but President Obama is much, much better at it.

As far as Boehner and McConnell and Cantor et al are concerned
it’s no more Mr. Nice President.

They are about to discover what payback can be…

Finn McCool

January 4th, 2012
3:01 pm

It might be fun to tune into Hannity on the ride home today. He should be worked into a slather. I hope he doubled down on his blood pressure meds this morning..

getalife

January 4th, 2012
3:04 pm

American politics is fun.

He will keep working without congress.

And win the billion dollar election.

Finn McCool

January 4th, 2012
3:04 pm

This isn’t Rob Cordry from the Daily Show, is it?

Kamchak

January 4th, 2012
3:05 pm

It might be fun to tune into Hannity on the ride home today.

I’d just as lief drive red-hot railroad spike through my ears instead.

Just sayin’.

Normal

January 4th, 2012
3:08 pm

Once, when I was a kid, I punch a school bully during his attempt to intimidate. He fell on his butt, looked up at me and said, I kid you not…”what’d you do that for?”.

President Obama just punched the GOP bully and is getting the same response. Give ‘em hell, Barry!

getalife

January 4th, 2012
3:10 pm

He grew government with a new regulation that will actually do something to help protect the people from corporate greed.

Of course, the cons are against it.

Peadawg

January 4th, 2012
3:11 pm

“And win the billion dollar election.”

And you’ll bow down to him like you said earlier, right getalife? Since you said he’s your master.

Alex

January 4th, 2012
3:12 pm

Both the president and Congress have shown utter and total contempt for the Constitution that is SUPPOSED to be the supreme law of this land. Therefore I have utter contempt for both parties now and do not see either of them as a legitimate government of this country.

Granny Godzilla

January 4th, 2012
3:13 pm

Apparently this is gonna be a 1, 2 punch….

President is gonna fill out the missing seats on the NLRB as well….

(He got the Idea from John Roberts – yes the Supreme)

MARVELOUS!

getalife

January 4th, 2012
3:15 pm

pea,

I am free of masters.

godless heathen

January 4th, 2012
3:15 pm

So if I sign a contract to finance some new rims, and I later decide that the interest rate that Rent ‘n Roll charged me is too much, I can call the Feds. Awesome!!

stands for decibels

January 4th, 2012
3:15 pm

Congressional Republicans are trying to prevent a duly created federal agency from carrying out the duties described for it in federal law, and they make no bones about it.

I wouldn’t make any bones about it either, if I unabashedly hated American democracy and worked tirelessly to dismantle it.

Union

January 4th, 2012
3:16 pm

since when does obama worry about the constitution anyway..

Kamchak

January 4th, 2012
3:16 pm

getalife

Looks like you got a stalker.

Just observin’.

Jm

January 4th, 2012
3:17 pm

Lots of bunk here

Most important: why the he’ll should private student loans be regulated?

If anything the government needs to have less involvement in the student loan biz

Taxpayers are being fleeced due to excessive government involvement in the student loan market

Peadawg

January 4th, 2012
3:17 pm

“pea,

I am free of masters.”

That’s not what you said earlier today around 1:00. You said. Own it. Someone that thinks Obama is their master…how pathetic. I feel sorry for you.

Redneck Convert (R--and proud of it)

January 4th, 2012
3:19 pm

Well, it’s a bad law to start with. It interferes with the unwritten but important American right to get gypped by businesses. If you don’t think that right is important, just look at what happened when one car co. tried to get rid of haggling about the price of a car by putting a final fixed price on it. Consumers and car cos. both howled. It’s in the American blood to want to get the best of other people. Consumers want to cheat the car salesman. The car salesman wants to cheat consumers. They like to set around and see what they can come up with to get their way. It’s as American as murder.

That’s why the godly Republicans never wanted this law to work. So a few million people get a nasty suprize when they get their credit card bill. Big deal. Get over it and move on, I always say.

Anyhow, it’s something else this uppity Muslim Kenyan rammed down our throat. I want the librul Democrats to know there’s a limit to how much you can shove down there. You ain’t going to Sandusky us much longer—oops, wrong end, but you know what I mean.

Have a good p.m. everybody.

Peadawg

January 4th, 2012
3:20 pm

“Looks like you got a stalker.

Just observin’.”

Nope. I just love calling him out on his moronic comments like his comment about Obama being his master and SEC being undefeated in bowl games…sorry…BCS bowl games (gotta move the goal post like getalife did yesterday)…the last 2 years.

Jm

January 4th, 2012
3:20 pm

The cfpb should only have the right to regulate transparency

They should not have the right to put anyone out of business

Brosephus

January 4th, 2012
3:21 pm

Normal

I couldn’t have stated it better. In my book, Obama has upgraded his spine from less than a sour gummi bear to less than an octopus. He might be ok afterall…

Jm

January 4th, 2012
3:22 pm

Jay typo

“an gesture”

Paul

January 4th, 2012
3:22 pm

Hi Granny!

“(He got the Idea from John Roberts – yes the Supreme)

MARVELOUS!”

I’m gonna hold you to that quote, heh heh heh -

Mr_B

January 4th, 2012
3:23 pm

“So if I sign a contract to finance some new rims, and I later decide that the interest rate that Rent ‘n Roll charged me is too much, I can call the Feds. Awesome!!”

Well, no, actually. But Rent N Roll will have to tell you the truth about what they charge before you sign the contract. If they don’t tell you, then you could call.

getalife

January 4th, 2012
3:23 pm

pea is a funny stalker.

dawgs lost.

You should be used to it by now.

Peadawg

January 4th, 2012
3:23 pm

“In my book, Obama has upgraded his spine from less than a sour gummi bear to less than an octopus. He might be ok afterall…”

:lol:

That’s funny I don’t care who you are. Pretty accurate description also.

Butch Cassidy

January 4th, 2012
3:24 pm

John Boehner – ““This is an extraordinary and entirely unprecedented power grab by President Obama”

Was he speaking to a group of Vietnamese refugees who made landfall this morning when he made this comment? Because anyone who has lived in this country for for at least 5 years would know this statement is total BS.

Kamchak

January 4th, 2012
3:25 pm

That’s not what you said earlier today around 1:00. You said. Own it. Someone that thinks Obama is their master…how pathetic. I feel sorry for you.

Passive/aggressive crap.

Is it possible you can own your emotions outright without them being contingent on what others do?

Peadawg

January 4th, 2012
3:25 pm

“dawgs lost.

You should be used to it by now.”

You lost the argument yesterday by providing false information and moving the goal posts. And now you think Obama is your master. How sad.

Jm

January 4th, 2012
3:26 pm

I guess Presidents no longer need congressional approval for appointees

Democrats will regret this

Granny Godzilla

January 4th, 2012
3:27 pm

Jm

Actually…

On March 20, 2009, the Congressional Budget Office released a preliminary analysis of President Obama’s budget, including an assessment that concluded that eliminating the FFEL program and offering all federal student loans through the direct lending program would save the government double what the president’s own advisors had projected:

“Under current law, the direct loan program is estimated to have a lower cost for each dollar loaned than does the guaranteed loan program. Thus, assuming that loan volume does not change, replacing the guaranteed loan program with additional direct loans would yield budgetary savings. budgetary savings. CBO estimates that savings would total $94 billion over the 2010–2019 period.”

Jm

January 4th, 2012
3:27 pm

This is a violation of the constitution

Laws mean nothing to Obama

Be afraid. Very afraid

Peadawg

January 4th, 2012
3:28 pm

“I guess Presidents no longer need congressional approval for appointees”

Congress wasn’t in session, Jm. Bush did it also. Are you poutraged at him also?

getalife

January 4th, 2012
3:28 pm

pea is a funny lying stalker.

He is our President.

I left out BCS.

So?

Peadawg

January 4th, 2012
3:28 pm

Geeze Jm’s gotten predictable. It’d be funny if it wasn’t so sad.

Paul

January 4th, 2012
3:29 pm

“I want the librul Democrats to know there’s a limit to how much you can shove down there.”

Okay, it’s tired, it’s overdone, but it still works for Redneck Convert:

Republicans are still looking for the limit.

http://tinyurl.com/7s4v963

Thulsa Doom

January 4th, 2012
3:30 pm

“It is, in other words, a temper tantrum thrown by childish people who can’t get their own way.”

But of course! Its just the Republicans acting like children.

That’s a mighty big slab or raw meat Jay threw to the minions. He’s got em snarling and frothing now. Where’s the vet? Rabies check please!

Granny Godzilla

January 4th, 2012
3:30 pm

Jm

“Democrats will regret this”

Maybe, but the ways things are looking not for 13 years…..

Jm

January 4th, 2012
3:31 pm

Granny
You know nothing of economics

Therefore I will decline to discuss the topic with you

Mighty Righty

January 4th, 2012
3:31 pm

Thank God for the Republicans!

Peadawg

January 4th, 2012
3:31 pm

“He is our President.” – Not what you said @ 1:02 earlier today. You said Obama is our master. Own it.

I left out BCS. – Even then you were still wrong about SEC being undefeated the past 2 years. :lol: Points and laughs at getalife.

Butch Cassidy

January 4th, 2012
3:31 pm

Jm – “I guess Presidents no longer need congressional approval for appointees”

Yaaaaawn,,,,,no more so than the previous presidents did.

Jay

January 4th, 2012
3:33 pm

Update on the NLRB situation above….

Peadawg

January 4th, 2012
3:33 pm

Jm, were you as poutraged when Bush did this very same thing 170+ times during his presidency?

Mr_B

January 4th, 2012
3:33 pm

Jm: The president has asked repeatedly for a vote on the confirmation. He can’t demand that the Senate approve it. If the Senate can’t do its job, a simple up or down vote, and if the law reqiires that a director be appointed, what else could he do?

Jm

January 4th, 2012
3:34 pm

Peadawg
Apparently you’re unaware. Congress is legally still in session.

Mr_B

January 4th, 2012
3:35 pm

Well… Obama seems to be growing new parts to his anatomy. About time.

Butch Cassidy

January 4th, 2012
3:35 pm

Jay Bookman – “Today, Obama used the recess loophole to install Flynn as well as two Democrats, Sharon Block and Richard Griffin.”

That noise you just heard was John Boehners head exploding. :)

Granny Godzilla

January 4th, 2012
3:36 pm

Anybody here snarling and frothing?

Show of hands…ooops I mean froth…please.

Nope. Nobody.

Not Scott the d***

January 4th, 2012
3:37 pm

JuniorMint – President’s have NEVER needed Congressional approval. Are you really that much of a fool?

Remember, Mint, the English language is amazingly precise and has lots of words you can use to mean specific things. In this case you may want to try the word “Senate.”

Peadawg

January 4th, 2012
3:37 pm

“Congress is legally still in session.” – Technically, yes. But they don’t reconvene until January 20th or something like that. Again, were you poutraged when Bush did this same thing 170 times?

Kamchak

January 4th, 2012
3:37 pm

Apparently you’re unaware. Congress is legally still in session.

Apparently you’re unaware. This was addressed downstairs.

Peadawg

January 4th, 2012
3:38 pm

“That noise you just heard was John Boehners head exploding.” – Along with Jm.

Brosephus

January 4th, 2012
3:38 pm

Dang!!!! Based on the NLRB findings, Obama’s spine has been upgraded from octopus to grape jelly. At the rate he’s going, he might make cartilage before November. :)

Paul

January 4th, 2012
3:38 pm

Jm

“I guess Presidents no longer need congressional approval for appointees”

you ever read the Constitution? Article 2, Section 2, Clause 3?

http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%270DP%2BP\W%3B%20P%20%20%0A

Jm

January 4th, 2012
3:38 pm

I don’t care what bush did or didn’t do

It’s not legal

And unless you can show bush made appointments when congress was legally in session, you have zero argument

This is not a recess appointment

This is flagrantly breaking the law

Butch Cassidy

January 4th, 2012
3:39 pm

Granny Godzilla – “Anybody here snarling and frothing?”

I am, nothing makes me more frothy than a President following in the footsteps of his predecesors and upholding the law. Grrrrrrr……

Kamchak

January 4th, 2012
3:39 pm

Show of hands…ooops I mean froth…please.

Santorum’s in the house?

Brosephus

January 4th, 2012
3:40 pm

Who put testosterone in Obama’s wheaties today??? As the old folk used to say, somebody’s smelling themselves today.

:lol: :lol:

Butch Cassidy

January 4th, 2012
3:41 pm

Brosephus – “Who put testosterone in Obama’s wheaties today???”

Perhaps he was inspired by Mitt Romneys stellar victory in Iowa last night. :)

Granny Godzilla

January 4th, 2012
3:42 pm

Peadawg

January 4th, 2012
3:42 pm

Jm…you may want to be outraged at Congress before Obama. If they are legally in session, why aren’t they coming back to work until January 23rd? hhhmmmmm???

getalife

January 4th, 2012
3:43 pm

jm,

You are missing the fact that it is legal because w did it.

Partisan hypocrite much?

Brosephus

January 4th, 2012
3:44 pm

Butch

Maybe so. This about the most testosterone I’ve seen him show since he was sworn in. It will be interesting to see if this is a one time thing or if he’s finally gonna stand up to the bullies. I can’t deal with a man that won’t stand for anything.

Thulsa Doom

January 4th, 2012
3:44 pm

Liberals are indeed talented. They can snarl, froth, and type all at the same time.

Brosephus

January 4th, 2012
3:45 pm

jm @ 3:38 sounds more like Boehner’s spokesperson. Why a speaker needs a spokesperson is beyond me though. Seems kinda redundant.

:lol:

Normal

January 4th, 2012
3:46 pm

I’m beginning to believe that jm is a satirist too, just like Bill O White… :D

Paul

January 4th, 2012
3:47 pm

Jm

“Apparently you’re unaware. Congress is legally still in session.”

Perhaps you’d like to offer to clerk for Chief Justice Roberts so he doesn’t hear cases with a false idea of what the Constitution means?

“Chief Justice Roberts: Why Isn’t Obama Making Recess Appointments To The NLRB?”

http://thinkprogress.org/economy/2010/03/24/173195/roberts-nlrb/

Peadawg

January 4th, 2012
3:47 pm

“I’m beginning to believe that jm is a satirist too, just like Bill O White…” – I hope. Same with getalife.

I doubt it though.

Not Scott the d***

January 4th, 2012
3:48 pm

JuniorMint:
United States Court of Appeals for the Eleventh Circuit. In Evans v. Stephens:

The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause. And we do not set the limit today.

Highest Court in the land to rule on this issue…

It is NOT illegal despite your whinging to the contrary.

Finn McCool

January 4th, 2012
3:49 pm

Taxpayers are being fleeced due to excessive government involvement in the student loan market

Umm, they just cut the middle man (private banks) out of the process. That was where the fleecing was occurring.

Thulsa Doom

January 4th, 2012
3:49 pm

“Senate Republicans had hoped to put the NLRB out of business.”

That would be a good thing. Who the hell needs an NLRB that tries to dictate to an American company which states it can and can’t open a new assembly line in. If the NLRB can do something as dictatorial as that then what the hell good are they anyhow?

Midori

January 4th, 2012
3:49 pm

Be afraid. Very afraid

and just when you mustered up the courage to come out of your basement………

getalife

January 4th, 2012
3:50 pm

Sweet pea.

I still like you.

Finn McCool

January 4th, 2012
3:53 pm

Obama should keep rolling them out.

Paul

January 4th, 2012
3:53 pm

from the update:

“That includes Terence Flynn, a Republican nominated to the board a year ago tomorrow. Today, Obama used the recess loophole to install Flynn”

Just what you’d expect from a partisan, power-grabbing dictator who flouts the Constitution and violates the law just so he can… wait….. Flynn’s a Republican?

Nevermind.

Butch Cassidy

January 4th, 2012
3:56 pm

Paul – “wait….. Flynn’s a Republican?”

Remember how the game is played Paul. If someone is a Republican than they are awesome. However, if said Republican is favored by Obama, or supports his ideas, than that Republican is automatically reduced to RINO status.

Brosephus

January 4th, 2012
3:56 pm

Who the hell needs an NLRB that tries to dictate to an American company which states it can and can’t open a new assembly line in.

Gotta have that boogey man, huh???

“Over the past three years, Barack Obama has been replacing our merit-based society with an Entitlement Society,” Mitt Romney wrote in USA Today last month. The coming election, Romney told Wall Street Journal editors last month, will be “a very simple choice” between Obama’s “European social democratic” vision and “a merit-based opportunity society — an American-style society — where people earn their rewards based on their education, their work, their willingness to take risks and their dreams.”

Romney’s assertions are the centerpiece of his, and his party’s, critique not just of Obama but of American liberalism generally. But they fail to explain how and why the American economy has declined the past few decades — in good part because they betray no awareness that Europe’s social democracies now fit the description of “merit-based opportunity societies” much more than ours does.

[...] In Germany, management and unions cooperate to upgrade their products and their processes — partly because corporate boards consist of equal numbers of management and worker representatives. Germany’s surge in exports may be partly attributable to its union workers agreeing to hold their wages flat (at levels still well above those of their U.S. counterparts). But their workers’ willingness to sacrifice in order to stay competitive is surely increased by the fact that their CEOs on average make just 11 times as much as their workers. In the United States, chief executives make roughly 200 to 300 times (choose your survey) as much as their average employees’ salary.

http://www.washingtonpost.com/opinions/no-longer-the-land-of-opportunity/2012/01/02/gIQAOJVDZP_story.html

Seems that, from Myerson’s POV, if Obama is trying to make the US into a European Socialistic country, it would actually increase the class mobility that the GOP claims is far superior here. Funny what a country can accomplish when they squelch the boogeymen and actually work together towards a common cause. Too bad our polarization is so bad, we can’t even tie our shoes without getting into a debate over whether you tie the left or the right first.

pogo

January 4th, 2012
4:01 pm

Jay, just remember this the next time we have a Republican president. This CFDB “position” is not accountable to the citizens of this country in any way or manner but yields incredible power. This is not right and you know it. In the future if a Republican president does do something like this (which I would hope they would not) I will be the first to tell you to shove your complaining.

Jm

January 4th, 2012
4:01 pm

I hope Romney and congress eliminate the nlrb