Categorized | Senate News Briefing

Grassley, WSJ: Where’s The Legal Rationale For Obama’s “Recess” Appointments?

In an op-ed for USA Today, Sen. Chuck Grassley, ranking Republican on the Senate Judiciary Committee, writes, “President Obama’s appointment of Richard Cordray to head the Consumer Financial Protection Bureau is unacceptable because it violates both the letter and spirit of the Constitution. The framers saw the dangers of power grabs by any one branch of government. The president upended years of Senate practice and more than 90 years of Justice Department precedent by bypassing the Senate to appoint his nominee to direct the new bureau. Overturning this sort of precedent is a major shift in the constitutional separation of powers. If there’s a legal rationale, the White House needs to make it public.”


Unfortunately little legal explanation has come from the White House about this outrageous maneuver. As The Wall Street Journal editors wrote last week, “A President has the power to make a recess appointment . . . . The Constitutional catch is that Congress must be in recess. The last clause of Section 5 of Article 1 of the Constitution says that ‘Neither House’ of Congress can adjourn for more than three days ‘without the Consent of the other’ house. In this case, the House of Representatives had not formally consented to Senate adjournment. It’s true the House did this to block the President from making recess appointments, but it is following the Constitution in doing so. Let’s hear Mr. Obama’s legal justification.”


The day the president announced the appointment at a rally in Ohio, Senate Republican Leader Mitch McConnell said, “Although the Senate is not in recess, President Obama, in an unprecedented move, has arrogantly circumvented the American people by ‘recess’ appointing Richard Cordray as director of the new CFPB. This recess appointment represents a sharp departure from a long-standing precedent that has limited the President to recess appointments only when the Senate is in a recess of 10 days or longer. Breaking from this precedent lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’s role in providing a check on the excesses of the executive branch.”

About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

One Response to “Grassley, WSJ: Where’s The Legal Rationale For Obama’s “Recess” Appointments?”

  1. grumpytee says:

    OK, so what do we do about this??? Time for a Special Prosecutor to be appointed or a Grand Jury and charges brought! OR is Congress just going to stand by and be made irrelevant?


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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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