OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

Obama and Cordray
President Barack Obama and his filibustered Consumer Financial Protection Bureau nominee, Richard Cordray (Larry Downing/Reuters)
At the Plum Line blog, Jonathan Bernstein writes about the unrelenting obstruction of the Republican minority in the Senate, and President Obama's options.
Blanket refusals to confirm anyone are being used by Republicans—again, a minority in the Senate—to prevent agencies from functioning properly or, in some cases, at all. The poster children? The National Labor Relations Board, which will lose the ability to enforce labor law if no recess appointment is made by early January, and the Consumer Financial Protection Bureau, which cannot fully exercise its authority without a presidential appointee heading it up. Put it together, and you get what some academic observers and longtime  journalists are calling a form of “nullification.”

The president’s options: Obama could declare the current situation, in which the Senate is out of town for an extended period but is holding pro forma sessions every few days, a “recess” sufficient to fulfill the constitutional requirement for a recess appointment. Or, at the request of the Senate, he could use his Article II powers to force a recess and then make appointments. Or, he could use the space between the first and second sessions of the current Congress, no matter how short, to make recess appointments. In my view, each of these would be a far more legitimate reading of the Constitution and precedent than the current, unprecedented obstruction by the Republicans. It is also possible that he could negotiate with Senate Republicans, using the threat of unilateral action as leverage.

A danger, as Bernstein says, is that "Republicans might become even less cooperative with confirming appointments than they have been so far." That's arguably possible, since they have let a few judicial nominations go forward, but not really so much of a problem in an election year in which Republicans are going to do their damnedest to prevent any governance from happening. "We can't wait," the administration has repeated again and again over the last few months in a new, concerted push to both highlight Republican recalcitrance and to focus on executive actions that don't require congressional approval. The nation can't wait on these nominations, either. The answer has to be acting where Congress won't, and making these critical recess appointments.
Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

Extended (Optional)

Originally posted to Joan McCarter on Wed Dec 28, 2011 at 12:09 PM PST.

Also republished by In Support of Labor and Unions and Daily Kos.

EMAIL TO A FRIEND X
Your Email has been sent.