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Thursday, January 5, 2012



Mr. I-Refuse-To-Take-No-For-An-Answer is at it again. Oh, how quickly The Head Czar forgets what he said in 2008. And I quote, “This is part of the whole theory of George Bush that he can make laws as he is going along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution, and I will obey the Constitution of the United States.“ Obviously He didn’t teach Article 2, Section 2 of the Constitution. He has no understanding of it.

Article 2 talks about the president’s power to fill vacancies during the recess of the Senate. All well and good, except the Senate is not in recess. Article I, Section 5 states that neither House shall without the Consent of the other, adjourn for more than three days.” Article 1, Sec. 5 was defined by the Clinton Justice Department in 1993 to mean that Congress must remain adjourned for at least three days before the adjournment constitutes a “recess” for the purposes of the recess appointment power. In 2010 Obama’s Solicitor General, Elena Kagen, agreed with the 1993 DOJ ruling.

In a nutshell, a president can only “recess appoint” when the Senate has adjourned for more than three days, and the Senate cannot adjourn for more than three days without the consent of the House. House Speaker Boehner has properly withheld consent for the Senate to adjourn, meaning the Senate is NOT IN RECESS. Such a simple concept, yet so hard for the Head Czar to understand. He obviously doesn’t grasp what our Constitution means.

So now he recess appoints Richard Cordray as the nation’s chief consumer watchdog, head of the Consumer Financial Protection Bureau. Obama wants this appointment in place to implement provisions of the Dodd Frank bill. The Republicans don’t want an appointment to this position at all until the powers of the position are changed. The CFPB, as written in Dodd Frank, is one of the least accountable and most powerful agencies in Washington. It is subject to no checks and balances and will have unprecedented reach and control over every consumer financial transaction. It will be funded out of Federal Reserve operations and thus will not be subject to congressional appropriates, avoiding any congressional oversight. All of this power is vested in ONE individual with no board, no commission and no Legislative branch overseeing funding or having veto power over all the new rules and regs that will surely be birthed by Mr. Cordray.

Senate Republicans have correctly called for reforms to make the new agency accountable before confirming any nominee and allowing that nominee to begin writing rules that would have a major adverse impact on the economy. The Republicans’ position is that we do not need more job restricting regulations coming out of Washington. Another governmental bureaucracy will cost billions and will be no more effective than the thousands of committees already in existence. It’s just another way to put more people into government jobs so they continue to vote for their benefactor, and the patronage cycle continues. Hope and Change? You decide.

But Obama doesn’t care how many more private sector jobs he kills with over-regulation. He’s on a mission to cripple America, and he’s succeeding. He’s making up his own tyrannical game plan as he goes along, and we will all pay the price for his folly.  Impeachment sounds like a great option to me, but the Republicans don't have the guts to do it. 

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