Nel's New Day

January 4, 2012

Iowa Caucus Finished, Obama Makes Recess Appointments

What an interesting caucus in Iowa! Michelle Bachmann is gone, Rick Perry will “reassess” his candidacy on January 21 (or not, depending on the moment), and Rick Santorum (the next “anyone-but-Romney” candidate) lost to Mitt Romney by 8 votes. Romney received six fewer votes than in 2008 when Mike Huckabee got 40 percent of the vote.

Friends of Romney may start focusing their venomous television advertising on Santorum. Jon Huntsman didn’t even try for Iowa votes, and Newt Gingrich keeps plugging along to sell his books. Meanwhile Ron Paul, in third place, might consider running as a third candidate.

The best news of the day, however, is that the Democrats are retaining a spine. Fed up with the Republicans’ constant stalling, aka filibuster, President Obama will keep the National Labor Relations Board (NLRB) functioning by recess-appointing Sharon Block, Richard Griffin, and Terence Flynn to the board. Block and Griffin are Democrats; Flynn is a Republican. Without these appointments the NLRB would lose its three-member quorum, necessary for issuing rules and regulations, because Craig Becker is another recess appointment.

Obama also made a recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau. The CFPB was created as part of the Dodd-Frank financial reform law to enforce a variety of financial consumer protection laws. Without a director, it cannot follow the law’s mandate. Republicans thought that if they blocked this appointment, they could stop the law from taking effect, a process known as nullification.

Cordray was the first state AG to sue a mortgage lender over fraudulent practices and led efforts to rein in payday lenders. The CFPB, according to the law that passed 18 months ago creating the board, is tasked with overseeing lenders and financial institutions to prevent the types of predatory practices such as foreclosure fraud, discriminatory mortgage lending, and practices from payday, student loan, and credit card lenders that cheated and defrauded the American people before and through the recession.

All these positions have been empty for over a year because of the Republicans’ stalling.

As usual, many Republicans are having a fit, claiming that this has never happened before and is unconstitutional. Recess-appointments require a ten-day recess; Congress recessed on December 23. Republican leaders claim that this constitutes no recess. On the other hand, Sen. Scott Brown (R-MA) has said that he approves Obama’s actions because the Washington system is “broken.”

In 1903, President Theodore Roosevelt made more than 160 appointments during a recess of less than one day. President Ronald Reagan averaged three times as many recess appointments as Obama each year, making 243 total appointments during his time in office. Meanwhile, filibusters, a real power grab by conservatives, have increased two-fold since Obama took office, and a large number of votes never occur because of the GOP’s threats to filibuster.

All these appointments are very good news for the nation’s 99 percent!

1 Comment »

  1. 20th Amendment to the US Constitution, ratified Jan 23,1933 Section 2: “The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.”

    Obama’s “recess” appointments took place on Jan 4, 2012.

    Is Obama now claiming that Congress did not assemble on Jan 3rd as required by the 20th Amendment? He has to be claiming this, because there is no way for him to claim a recess on the 4th if they assembled on the 3rd. BTW, you can look at the House and Senate Calendars and see that they both met on Jan 3rd, as required by the 20th Amendment.

    In any event, a Senate “recess” is not defined in the Constitution. However, Article 1 Section 5 says: “Each House may determine the Rules of its Proceedings”. It is breach of the separtion of powers for the Executive Branch to determine the Senate Rules.

    The Obama “recess” appoints will be clearly found unconstitional.

    Leo Hansen

    Like

    Comment by Leo Hansen — January 5, 2012 @ 5:24 PM | Reply


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