Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, January 31, 2013
A Blow to Obama's Imperial Presidency
By Heritage Foundation @ 3:56 AM :: 5951 Views :: National News, Obama

A Blow to Obama's Imperial Presidency

www.Heritage.org

President Obama has gone around Congress in as many ways as he can find. One way is by abusing the presidential power to make appointments to government positions during a Senate recess—to avoid having the Senate confirm the nominees.

Last week, a three-judge panel of the D.C. Circuit Court of Appeals dealt quite a blow: It ruled that a number of President Obama’s “recess appointments” were invalid.

As Todd Gaziano, director of Heritage’s Center for Legal and Judicial Studies, said: “Our unilateral president must take his unilateral medicine.”

Heritage’s James Gattuso explains:

To sidestep opposition in the Senate, the President declared these to be “recess” appointments, invoking his prerogative to fill vacancies without Senate confirmation when that body is not in session. The action was roundly criticized on the grounds that although the Senate was not actively conducting legislative business, it was formally still in session.

The judges said that President Obama made the appointments during an invalid “recess,” and that recess appointments cannot be made unless the position becomes vacant during the Senate’s valid recess. This brings up huge questions for all the appointees who have now been declared invalid—and the regulations they have created during their time in office.

There’s the National Labor Relations Board (NLRB), which had two members appointed in this way. Gaziano notes that “13 months’ worth of rulings, regulations, and other actions by the NLRB are now in question, because without the illegal recess appointments the NLRB lacked a quorum to act during all that time.”

And then there’s the Consumer Financial Protection Bureau (CFPB), whose director, Richard Cordray, was another of these invalid appointments. The bureau has been regulating away for the past year, but Gattuso writes that “the new rules adopted by the CFPB under Cordray will likely be invalidated.”

Gattuso describes the CFPB as “perhaps the least accountable entity in the federal government”—so this is good news.

The odds are that this imbroglio will stall the CFPB’s regulatory agenda for some time. That, however, is no bad thing for consumers. The rules adopted by the CFPB, by limiting lender activity, decrease options for consumers and increase costs for mortgages and other loans. Reining them in could actually be a boon for consumer welfare.

There’s a reason the Senate is supposed to confirm these nominees—and in the case of the CFPB, the agency itself merits closer scrutiny. The judges’ decision is a welcome check on Obama’s abuses of power.

LEARN MORE: The Consumer Financial Protection Bureau and Its Non-Director: What Now?

FEATURED POSTS

QUICK HITS

  • Another Obamacare “glitch” has come to light—and this one means that “some families could get priced out of health insurance,” according to the Associated Press.
  • Federal agencies aren't doing a very good job of listening to the public about new rules and regulations. And when they do receive comments, bureaucrats are likely to ignore them.
  • In honor of School Choice Week, the Acton Institute answers some frequently asked questions about school choice.
  • Another Cabinet position is opening up: the Secretary of Transportation is leaving.
  • Ernest Istook has a new co-host on Istook Live!: C.J. Wheeler. Listen in this morning from 9 a.m. to noon ET as they continue the conversation about the push for gun control.
Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT