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View Diary: WSJ: WH has power to Appoint Cordray to CFPB (56 comments)

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  •  Actually Teddy R & Truman both made appointments (5+ / 0-)
    Recommended by:
    We Won, RhodaA, MKSinSA, zapus, semiot

    ..under the precedent of 3 days:
    The Hill

    Republicans have sought to block the president from making recess appointments by keeping the House and the Senate in pro forma session during congressional recesses, and by not having the House consent to adjournment.

    The pro forma sessions result in recesses of three days or less on Capitol Hill. A 1993 Justice Department brief suggested the president can make a recess appointment during a break of more than three days, according to a December 2011 report by the Congressional Research Service (CRS).

    The CRS report also noted that Presidents Harry Truman and Theodore Roosevelt made recess appointments during congressional breaks of three days or less — Roosevelt once making more than 160 recess appointments in a half-day — but drew no conclusions about whether a modern-day president could do the same.

    “The instances cited here each have unique characteristics, and their potential applicability under current practices and conditions remains open to question,” the report states.

    Critics of the NLRB worry Obama might mimic Roosevelt and make recess appointments after Congress adjourns to start its next session.

    “Of course I'm worried about it, but I doubt the president would go forward because it would poison the well in the Senate,” said Randy Johnson, the U.S. Chamber of Commerce’s senior vice president of labor, immigration and employee benefits.

    “It would be comparable to [former Senate Majority Leader] Bill Frist [R-Tenn.] considering re-jiggering the Senate rules to get rid of the filibuster, the so-called nuclear option. ... This would be the nuclear option for appointments.”

    The Chamber is one of many business groups that have lobbied heavily against the NLRB’s actions this year, whether it was its complaint against Boeing for allegedly retaliating against union workers or its proposal to speed up union elections.

    Like Johnson, Republican senators are also concerned about Obama making recess appointments during Congress’s mandatory adjournment between sessions. In the GOP senators’ letter to the president, they said it would “provoke a constitutional conflict.”

    •  Poison the well?! Hell, the country is already (0+ / 0-)

      gasping for breath from the very smell of the Senate well.

      Courage is contagious. - Daniel Ellsberg

      by semiot on Wed Jan 04, 2012 at 04:09:08 AM PST

      [ Parent ]

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