A President making recess appointments is nothing new. It’s been happening pretty much since Congressional recesses were invented. In some cases, it has been no big deal; while in other cases, controversial, but it happens and it IS legal.

Well…it’s legal when it’s legal; and to be legal, Congress must be in recess.

If Congress is NOT in recess, a President MUST go through Congress and have Congress approve appointees.

That is in the Constitution.

You will find it in Article 2, Section 2.

He (the president) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

The President shall have the power to fill up all Vacancies that may happen during the Recess of the  Senate, by granting Commissions which shall expire at the End of their next Session.

That is exactly, word for word what the Constitution states regarding recess appointments.

Here is the problem.

Yesterday, Emperor Obama made 3 recess appointments.

EMPEROR Obama.

The Constitution says nothing about what an EMPEROR can or cannot do…does it?

The Constitution places no restrictions on when an EMPEROR can make a recess appointment.

Obama has elevated himself to EMPEROR.

The Senate is NOT in recess right now. Oh yes, I know they SEEM to be on break BUT…

Knowing that EMPEROR Obama would likely try to make recess appointments, Republicans in the Senate took necessary steps to ensure they would NOT be in recess.

Once every 3 days, a Senator makes an appearance on the floor of the Senate. He or she doesn’t stay long…maybe a minute…and leaves.

Okay, let’s be clear…The senate is in PRO FORMA session.

 Pro Forma – A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.

While “Pro Forma” is not specifically covered in the Constitution, it is a rule of the senate and the Constitution DOES provide that Congress can set the rules.

THAT can be found in the Constitution Article 1, Section 5.

“Each House may determine the Rules of its Proceedings.”

The EMPEROR, Obama, is trying to use a different entry in the Constitution to subvert the Senate Pro Forma rule.

From Article 2, Section 3 we find the following:

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

In all of THAT, The EMPEROR is parsing one part of one sentence, “ …and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;” which he believe gives him the power to subvert the Senate.

Does it?

To find the answer one must look at the FULL sentence ”…he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper;”

Look at the KEY words contained…”BOTH houses” “EITHER OF THEM” and maybe the most important words…”BETWEEN THEM.”

What the Constitution is talking about are disagreements between the two Houses…Between the HOUSE and the SENATE. In THOSE cases, the PRESIDENT may adjourn either convene or adjourn either or both.

In the situation with which we are NOW dealing, the conflict was NOT between the Senate and the House it was between Republicans and Democrats in the SENATE only. The Constitution makes NO provision for the President to intervene.

FURTHER…the Constitution clearly states that on “EXTRAORDINARY occasions…”

As senates have since the invention of senates been blocking presidential appointments this is clearly NOT an “EXTRAORDINARY” occasion.

Emperors are typically, legends in their own minds and EMPEROR Obama, in his mind has anointed himself as the 4^th greatest President in our history. EMPEROR Obama can do whatever he wants to do including ignoring the Constitution.

Remember back when I stated that Obama’s decision to not defend the Defense of Marriage Act was a trial balloon? There is no Constitutional authority for a PRESIDENT to unilaterally decide what laws will and will not be enforced but Obama made THAT decision on the DOM unilaterally didn’t he?

It was a trial balloon to see what would happen if he ignored the Constitution.

What happened?

Nothing.

He got away with it.

Remember when he bypassed Congress by declaring kinetic action against Libya?

What happened?

Nothing.

He got away with it.

Who needs the Constitution? Certainly not the EMPEROR. Not EMPEROR Obama.

Yesterday, when EMPEROR Obama appointed Richard Corday to head the new Consumer Financial Protection Bureau, he did more than just ignore the Constitution.

The bill which created that Bureau SPECIFICALLY states it can ONLY have power to act with CONGRESSIONAL approval.

This is language which is not found in very many bills creating such bureaus but it IS in this one. This means, anything this new bureau does, any actions they take, are in violation of Congress and therefore, unlawful.

The problem is NOT with Corday, who by almost every account, is a stand up guy. The problem is with the Bureau itself. The CFPB was created in July 2011 as part of the Dodd/Frank bill but it provides no guidelines for it’s director and THAT is why no director has ever been confirmed.

Senator Shelby has stated that 3 things must be in place before a director of that bureau can be confirmed.

1. The bureau should have a board of directors for oversight.
2. The bureau should be subject “to the congressional appropriations process to ensure that it doesn’t engage in wasteful or unnecessary spending.”
3. Bank regulators like the FDIC, the Federal Reserve and the Office of the Comptroller of the Currency could keep the CPFB from infringing on “the safety and soundness of financial institutions—as it would, for example, by unduly banning profitable products or imposing unwarranted and onerous regulations that threaten banks’ solvency.

Without these guidelines, the Director can basically do whatever the Director wants to do with unlimited authority.

Sort of like…An EMPEROR.

Yesterday, EMPEROR Obama also appointed 3 people to the National Labor Relations Board while the Senate was in Pro Forma session.

Remember the NLRB? That’s the board which filed suit when Boeing tried to open a plant in a right-to-work state. The NLRB has been, according to Senator Graham, “an out-of-control rogue bureaucracy.”

So why make these NLRB appointments in disregard of the Constitution?

Simple.

To unruffled the ruffled feathers of union bosses after EMPEROR Obama choose the environmentalist snail darter butt kissers over the unions in the Canadian oil pipeline non decision. It’s an election year and the EMPEROR needs the backing of his thugs as much as he needs the tree-hugger vote.

One thing EMPERORS rarely take into account is that they CAN be, and often are, overthrown.

Congress has the ability to overthrow the EMPEROR through impeachment; though it is unlikely to happen because, currently, those not worshiping the water he walks on only control one House.

The people can also overthrow the EMPEROR and November 6^th, 2012, has been marked as the date on which to do just that.