As mentioned earlier, the President will make a recess appointment today for Richard Cordray to run the Consumer Financial Protection Bureau, opening up the bureau to regulate non-bank financial institutions and giving the new agency its first leader. This is a bold move by the President, and to put it in context, it’s important to understand exactly what has been going on with the advise and consent power in the Senate.
There are currently 202 unconfirmed executive and judicial nominations. This is despite the Senate doing basically nothing on policy for an entire year. The Senate GOP has routinely filibustered nominees, forcing cloture calls and long delays in getting appointments.
In the case of Cordray, who had majority support in the Senate, 44 Republicans wrote a letter saying that they would block not only him, but any nominee for the CFPB, unless the agency was radically transformed – you might say gutted. Many have called this a nullification strategy, and it’s hard to argue with that. Having lost the vote to bring the agency into existence, the Senate GOP simply wanted to relitigate that vote. Just a couple weeks ago, Mitch McConnell refused appointments for every nominee on the executive calendar to block a Cordray appointment, saying he would not let anyone go forward without “assurances” from the President against recess appointments.
As for the judicial question on whether pro forma sessions count as keeping Congress in session, the 11th Circuit Court of Appeals ruled back in 2007 that “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” On the other side of this, Solicitor General Neal Katyal, in a 2010 case, argued that the Administration recognized that a 3-day recess was “too small,” in their understanding, to make appointments.
That understanding has changed. And when the Senate abuses its power to this extent, that understanding frankly ought to change. There’s nothing particularly cherished about holding a minority veto over executive staff appointments, especially when the opposition uses it as a wedge to make changes in the makeup of the federal agency in question. Recess appointments aren’t my favorite part of the law, but neither is rampant obstruction where no price is paid in the end for that obstruction.
I imagine that Republicans will take this to court now. But there’s no question that, when faced with this kind of obstruction, it was necessary for the White House to do something to protect their ability to have the staff in place they desire.
UPDATE: Here’s the statement from Elizabeth Warren, who hired Cordray for CFPB, and who stood up the agency herself:
President Obama’s decision to overrule the big banks and the Senate Republicans who are protecting them gives consumers a strong ally and advocate in Washington. The President has made an exceptional choice in Richard Cordray as head of the new Consumer Financial Protection Bureau.
Republicans never had any substantive objections to Mr. Cordray, the very qualified former Attorney General of Ohio. Instead, Senate Republicans blocked a confirmation vote for anyone to head up the consumer agency. Instead of implementing the law as written, Senate Republicans tried repeatedly to undermine the agency’s effectiveness and to frustrate efforts to hold the big banks accountable for bringing our economy to its knees.
The President made every effort to present a candidate for a Senate vote, but he was right not to let Senate Republicans block full implementation of the consumer agency. Senate Republicans will surely complain about the recess appointment, but their refusal to allow an up or down vote on Cordray’s nomination is just another example of the political games in Washington that must end.
It’s time the big banks and their allies acknowledge the urgent need for change. It is time to work with Richard Cordray as he promotes basic, common sense rules to level the playing field for consumers.
Of course, if Obama was willing to do this for Cordray, he could just as easily have done it for Warren.




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Personally, I think this “bold move” by Obama was only necessitated by his timidity in not acting sooner.
And the big Kibuki splash will cover the fact that he is leaving so many unconfirmed appointees to twist slowly in the wind.
Here’s what would have impressed me: He could have quietly recess appointed ALL of his blocked appointees in a fashion with established precedent so they could be secure in their jobs for a time.
Wingnut heads exploding in 5…4…3…
Recess appointments, plus mindless yammering about the GOP campaign crazytrain promises to make for a very busy day over at Murdoch’s US TV operation.
Shorter Obama, you don’t like it? Sue me. Or rather, impeach me. Independently of whether the appointment is a reasonable one or not, this is one more step down the well-trodden road to Presidential dictatorship. A small one, to be sure, and brought on by the Republicans, who basically believe in the dictatorship as long as they own it.
A tremendously great announcement! Now, GOP Presidents can appoint whoever they want in the future, no need to consult the Senate. Been waiting for this day and finally Obama has shown the way.
Now, if the Democrats can only eliminate the filibuster in the Senate, the GOP can roll back the New Deal.
Finally, one party rule is possible.
The FAKE Consumer Financial Protection Bureau…
The FAKE bureau is housed in the Treasury Department [you know the agency owned and controlled by the 1%-Bankers-Wall Street]… and ALL decisions and ALL ultimate decision making authority on every matter decided by the bureau… belongs to Tim Geithner, the head of the treasury departement [you know the guy owned and controlled by the 1%-Bankers-Wall Street]. Obama the Fake[you know the guy owned and controlled by the 1%-Bankers-Wall Street] appointed Geithner to head the Treasury Department [you know the agency owned and controlled by the 1%-Bankers-Wall Street].
The whole thing is a sham. It’s intent is to pacify the American people and make it appear [with a big FAKE name] to be standing up to the 1%…
But in fact it’s RUN by the 1%.
The whole thing is an Obama-Democratic party Fake sham… meant to fool the American people.
As for Eilzabeth Warren… she is an instant replay of Barack Obama. Fake populist… then serve the 1%.
The whole thing is fake political theater… and the Republicans are playing thier part… all to protect the 1%.
What will Cordray likely DO as head of the CFPB?
Baloney. This power has been there (and the filibuster is a sham as well.) It’s just more of a sham that it’s only Cordray, not a whole slew of appointees, and the abolition of the filibuster entirely. That would return us to something close to democracy, as spelled out in the Constitution. If you don’t like it, there are Constitutional remedies.
What? You got a problem with fake? (eye roll)
Osterity didn’t need Warren to garner votes in MA. Cordray’s appointment will garner votes in OH. It’s not about governing any more, it’s about winning.
Obama picked the only method from the several available to him that could be challenged in court.
I doubt the GOPers or their agents could get a restraining order against the appointment. But if they filed in Georgia, Alabama, or Florida their emergency request for a stay MIGHT fly and any appeal would eventually be heard by Justice Thomas.
Boxturtle (I’d be willing to bet Thomas will do as he’s told)
No, it won’t. I live in Ohio and that sort of thing just doesn’t matter here. He might get money from Ohio donors, but I doubt he picked up a new vote unless Cordray was planning to vote for Mitt.
You want more votes from Ohio? Either put us to work (got a LOT of good construction people here) or decide you’re a GOPer and go rabid anti-abortion.
Because otherwise Mitt’s main advantage (he looks more like “us” than Obama) might be enough to win.
Boxturtle (Racism exists in Ohio and Mitt’s pet superpac will likely work with that)
Hyperbole much?
lol
Yes I have a problem with it. Not only is it all fake… but way too many people and virtually the entire media… keep falling for it.
The Senate Republicans are doing what Obama and Reid have voluntarily let them do. The way to have stopped this without making the Presidency even more imperial than it already is, would have been to have changed the filibuster rules at the beginning of the session or alternatively Obama and the Democrats could have at any time gone nuclear on the filibusters. Justifying imperial actions because of an ineffective Senate is rather Darth Sidious.
If we didn’t have fake, what would be left?
I am curious as to why you believe Warren is a fake populist…
The Constitution says that the President can make recess appointments. It does not say that the Senate can pretend to be out of recess when it actually is in recess.
I thought the GOP had taken ALL the teeth out of the department’s enforcment abilities anyway. Don’t they have less power than the ASPCA?
The funny thing about your comment is that it was true… until today. Now that there is a director, the bureau is not within treasury, and does not report to treasury.
Now that there is a director, it is housed in the Fed. But this is only for funding: the bureau is guaranteed 1/8 of the Fed’s funding. The Fed has no power over the bureau; Cordray can basically do what he pleases whether Benanke likes it or not (with a guaranteed funding stream that does not need to be appropriated each year).
I thknk that depends on what your definition of “is” is.
Just watch the “I” word start to be bandied about. Yes, that “I” word….impeach
So you think the recent extension of the payroll tax cut was unconstitional because the Senate was in recess? Obama/Reid/etc certainly considered pro forma sessions quite Constitutional and valid when it came to passing legislation they wanted.
You’re right. I want to see how Romney performs in FL. The fundies here might not like him.
Perhaps. But I think my definition is correct, and will be upheld by the courts. Any other definition would mean that the recess appointment clause is only in effect if the Senate wants it to be. Congress could go on a 6 month recess (as was common when the Constitution was ratified), and the Senate could block all recess appointments with a single Senator. That is not what the Constitution says, and it is not what it means.
Progressives should be happy with a robust recess appointment power. If we have a nullified recess appointment power, then any future progressive president will have to have a unified government (House and Senate have to agree on long adjournments) to get appointments through. Otherwise, conservatives can block executive agencies from issuing regulations by simpy not approving anyone for those posts. This means any laws that require executive implementation (i.e. all of them) have to have the approval of not just the Congress that writes the law, but the approval of every house of every subsequent Congress’s. That is certainly a recipe for “small government,” but it is not a recipe for any hope of progressive policy.
If the Senate really disagrees with the President, they can stay in session. At least now, they will be forced to pay a price for obstructionism (rather than getting it for free).
Now when the Senate goes home at night, Recess Appointment, every day.
You are conflating two concepts. For example, I believe the Senate could (by unanimous consent) issue an order to state that a given bill is passed on a future date (i.e. the papers go to the House or to the President), even if the Senate is not convened on that day.
In fact, this is exactly what the Senate did. It did not pass the payroll tax cut extension — it agreed to an order that would deem it passed as soon as it got the papers from the House. (It had to do this because it was a tax bill, which must originate in the House).
But would you actually argue that the Senate was in session at the instant they got the papers from the House (the moment the bill legally passed the Senate), even if not a single Senator was in the building at that moment, and the chamber was closed?
The point is that a bill passing at a given moment does not necessarily signify that the Senate is in session at that moment. They are different concepts. In particular, the purpose of the recess appointment clause is to allow the President to appoint people when the Senate was unable to advise and consent. This is impossible under the text of the recess order itself. Certainy, a quorum would signify that the Senate was in session. Even if there were no quorum, maybe something less would also signify it. But regardless of where the line is to be drawn, it should not be drawn in such a way that would allow the Senate to pretend that a single Senator (prohibited from advising or consenting to any nominations) is somehow a “session” that prevents recess appointments.
Technically, the senate is in recess every night. The Constitution contains no lower limit, and Obama appointed Cordray on a day which no pro forma session was convened. But if we are to read limits into the Contitution, those limits at the very least should allow a President to appoint people during a (say) six-month recess of the Senate, when Senators traveled by horse back to their home states. Yet your interpretation would foreclose that option if the Senate left a single Senator to preside every few days, without the power to approve a single nomination.
That is indeed consistent with the text of the Constitution. But if we are to read limits into the clause that do not appear in the text, those limits should not nullify the clause.
I see the base once again has his back.
Yeah, wingnut heads exploding with glee though behind the scenes because obumma just established yet another precedent for the republican president sure to come at some point.
No doubt the real powers that actually run this country are all patting one another on the back over this.
“But I think my definition is correct, and will be upheld by the courts. Any other definition would mean that the recess appointment clause is only in effect if the Senate wants it to be.”
Yes, the Senate should be able to decide for themselves whether or not they are in recess – not leave it up to the king if a separate branch of government is in session or not.
“You are conflating two concepts. For example, I believe the Senate could (by unanimous consent) issue an order to state that a given bill is passed on a future date (i.e. the papers go to the House or to the President), even if the Senate is not convened on that day.”
No, you are trying get the benefits only of what you are calling poisoned fruit. If the Senate isn’t in session, the Senate cannot give unanimous consent. You are trying to claim the benefits of an in-session Senate (unanimous consent) while at the same time claiming the benefits of an out-of-session Senate (recess appointments).
The bureau’s location inside the threasury department now swithces to being located INSIDE the FED [you know agency OWNED lock, stock and barrel by the 1%] and RUN by the 1%…
And you are claiming that is somehow an imporvement or meaningfully different ? Are you kidding me ?
Whatever Fake claims of independence are being made are TOTALLY FAKE. And you are still falling for this stuff ?
IT’S now HOUSED INSIDE THE FED! Thats even worse. WAKE UP !
Did you miss the part where I said that the Fed has no power whatsoever over the agency, and cannot stop or affect a single rule (or any other agency action)?
This is not ambiguous. Cordray has the legal power to do whatever he wants (consistent with the statute), and the Fed has not one ounce of power to stop them. The only reason it was housed in the Fed was so that it could get a guaranteed appropriations stream of 1/8 of the Fed’s budget (by statute). And in fact, this makes it even MORE independent, because unlike other agencies, Congress can’t withhold funding during the appropriations process.
Your faith in all things Obama and Dem Party continues to be so touching. /s
Any ideas on why this supposedly anti-corporate measure, just like all the others preceding it during the Obama administration, is met with an immediate market rally rather than a sell-off?
That is not what the Constitution says. Under your interpretation, the recess appointment clause is essentially redundant. Even without the clause, Congress could have always set up procedures in advance to allow the President to temporarily appoint the people he or she wants. (For example, see the vacancies act.) In other words, if the recess appointment clause could be nullified by the Senate, there would be no reason to have such a clause.
On the contrary, the recess appointment is a grant of power to the President that is not conditioned on the wishes of the Senate. The Senate cannot any more decide whether or not it is in recess than it can decide whether the Earth revolves around the Sun. It either is, or it is not. If the Senate wants to block a recess appointment, they can cancel their vacation.
Who guarantees the “independence” of a bureau inside the FED… the TOOTH FAIRY…?
Are you kidding me ?
If the bureau were trully “independent”… then it would have been set up OUTSIDE the FED and treasury… where is maybe would have had chance to really be “independent” instead of FAKE “independent”.
Do you know who the FED is ? Do you know who runs the FED? The fake bureau is INSIDE that agency. Have you been paying attention at all ?
How can people keep falling for this fake stuff?
I’m sure you can find plenty of days where the market rallied, on which the FDR administration also issued a regulation. Yet I somehow doubt you would conclude that the regulation was just a wolf in sheep’s clothing, and that FDR was just a corporate puppet.
Obviously, there is more to the market than a single action. The market is probably more concerned with the strait of Hormuz (and Europe) than with the expanded power of the bureau to non-bank institutions.
Though the contortions the anti-Obama folks here have to go through to denounce this are quite hillarious. Here we have Obama, making a bold (and technically unprecedented) move that unambiguously expands the power of an agency to regulate financial products, and what is the reaction here? That the action is bad, because it was an action taken by Obama.
If you actually believe what you are saying, please point to the line in the statute that gives the Fed power or influence over anything the bureau does.
In fact, according to your logic, the EPA is just a puppet of the Fed. Because the Fed has the same power over the EPA as it has over the CFPB.
“That is not what the Constitution says”
Yet it looks like you agree with me since you’ve totally failed to address how you trying to simultaneously reap the benefits of an in-session Senate giving unanimous consent to the payroll tax cut while claiming an out-of-session benefit of recess appointments. Even if you are argument is true that this was a valid recess appointment that doesn’t also make the payroll tax cut extension legal and in fact is a strong argument against the legality of the payroll tax cut.
“On the contrary, the recess appointment is a grant of power to the President that is not conditioned on the wishes of the Senate. The Senate cannot any more decide whether or not it is in recess than it can decide whether the Earth revolves around the Sun.”
No, it very much is conditioned on the wishes of the Senate or else the whole bit about “recess” would be redundant and the Constitution would just say instead the President can unilaterally appoint someone anytime he wants without the approval of Congress. To quote the Constution:
“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate”
Yet despite the clear wording of the Constitution, you are claiming that the President decides the status of a separate branch of government, not that branch of government deciding their own status.
“If the Senate wants to block a recess appointment, they can cancel their vacation.”
If they were on vacation as you claim, the payroll tax cut extension would be unconstitutional since there was no Senate approval.
“Here we have Obama, making a bold (and technically unprecedented) move that unambiguously expands the power of an agency to regulate financial products, and what is the reaction here? That the action is bad, because it was an action taken by Obama.”
Have fun knocking down strawmen. I’ve repeatedly addressed this on purely Constitutional grounds and you instead insult myself and others on FDL. If you find FDL so distasteful perhaps you should go elsewhere as insulting everyone on FDL certainly isn’t going to win you any friends here.
In stark contrast to your unsupported suppositions about market behavior during FDR’s administration, my life for the last 20 years has been dedicated to observing, tracking, and understanding the interactions between short-term market price action and external world events. And so I can tell you that there has been a very clear pattern during the Obama years of industries that are, supposedly, being reined in, actually experiencing huge market rallies in the price of their stock, as the knowledgeable people understood very well that Obama was in fact enabling their business goals rather than impeding them. The most obvious examples of this being the behavior of the pharmaceutical and health insurance companies as Obama dealt away any meaningful reform in the early stages of the health care “reform” process. Yes, there are always multiple factors acting on market price at any given moment, but that does not preclude a careful observer from discerning very dramatic and specific moves by a specific group of stocks which correlate directly to relevant new information becoming available.
Actually, the courts will ultimately decide what the status of the Senate was, and that is how it should be. I really don’t think it is a radical concept to not automatically defer to the Senate about a question of its own power.
You are simply wrong about the clause being contingent upon the wishes of the Senate. Indirectly, the Senate can make its wish known by not going on vacation. But it cannot claim it is not on vacation when it actually is. Under your reading, the Senate could leave for 2 years and have no pro forma sessions, yet as long as the Senate had a standing order that it was not in recess, no recess appointments can be made. Because according to you, we should defer to the Senate on determining its own status. Good luck to anyone who tries to convince a single judge of that.
As for the Payroll tax, I already said that just because a bill passes at time X does not mean that the Senate is in session at time X. In fact, the payroll tax is a perfect example of that. They did not vote to PASS the payroll tax bill. They voted on an ORDER that would deem the bill passed, only after the House passed it. The Payroll tax bill was a bill that legally passed the Senate at a time when not a single Senator was in the Capitol building or presiding.
I knew it… you are another typical Obamabot.
Convoluted excuses… doubletalk… fakery is all you got.
The EPA is not housed INSIDE the FED… and the EPA does not get its funding from the FED. [the agency owned and run by the 1%].
The rest of us are not falling for your doubletalk and fakery. You cant fool us any longer.
Just do it. Obama does need to be more Goeth-like–he needs to ‘Be bold and mighty forces will come to(his)your aid’ bla bla.–unless Obama actually wants to appear the victim for his political advantage. Obama allowed Senate GOPers to vilify Cordray–a decent man–for no reason. He should have put Cordray- in perhaps sooner- to begin showing his (Cordray’s) real worth by allowing him to do the job. Games.
The only way Obama might save a bit of his political game would be to take honest, bold, direct action all the time from now on for the good of the working machinery of America and for the middle-class–all the time. And, let all GOPers (or other fake distinctions) despise him along with 49% of voters from now until Nov. Otherwise, Obama could just look out for his and his family’s financial game, continue to do, (and harm) what he appears to have been doing, then retire fat in HI or some warm Asian country.
Wiki–”Recess Appointments in George W. Bush Administration”
(Seems W. also needed the machinery to work. His Senate was much more kind to him as there was not the hugh backlog of nominations that Obama has.)
Shrubs Recess Appointments:
John R. Bolton
Susan Dudly
Eric S. Edelman
Gordon R. England
Clark Ervin
Sam Fox
C. Boyden Gray
Robert D. Lenhart
Charles W. Pickering
William H. Pryor, Jr.
Michael E. Toner
Hans A. von Sparkovsky
Steven T Walther
Ellen L Weintraub
Sue Ellen Wooldridge All 15 have their own Wiki page.
I’d say Obama has about 200 more appointments to make this recess so our nation can begin to work better.
You are arguing that stocks sometimes move with political events. No argument there. But the fact that the correlations sometimes happen does not mean that THIS particular event caused THIS particular movement.
To whatever extent this appointment was not already priced in (as news articles have been speculating about this appointment since at least mid December), on what basis could this action possibly help financial institutions? This action moves the bureau out from under the technical control of Tim Geithner, and to the control of Cordray. Furthermore, it strictly increases the power of the agency. How could this be beneficial to financial institutions? Usually, if people argue that a stock movement has to do with a political event, there is at least some theoretical basis for why the movement has anything to do with the event.
As I said, the funding of the CFPB is not conditioned on the wishes of the Fed. They are guaranteed funding by statute. Every single Fed employee could be an arch Ayn-Rand anti-regulatory zealot, and it would not matter, because they can’t reduce the funding below the guaranteed statutory amount by a single dime.
The Fed isn’t even the one that writes the check. The OMB (or whoever manages the accounts in the White House) simply lowers the Fed’s funding by X, and increases the CFPB’s funding by X (where X is defined in the statute).
You are sadly mistaken, I love it! The Democrats have used the filibuster and other similar tactics to block GOP policies from going into effect and to prevent the old New Deal policies from being dismantled.
Now, the GOP can safely ignore all that. Obama now has established the policy that the President no longer has to get appointees confirmed by the Senate. If the Senate turns them down or doesn’t allow a vote, he can just appoint them anyway (at least 6 or 7 time periods a year).
That works to the GOP advantage. Right wing appointees now have the door opened to them. All courtesy of Obama.
See above. The door is wide open to all right wing appointees from now on.
No. The reaction is bad because we interpret (possibly mistakenly as you point out in your posts) the move as an expansion of executive power. If Obama had not arrogated to himself the right to detain and execute American citizens without trial, we might be more generous. It’s a package deal.
The criminals always welcome the appointment of another weak sheriff. Surely someone of your intellect can understand that dynamic. In this case, the latest news was that there would NOT be a recess aappointment. When the whispers first began today at around 10:30 AM, i.e., that there would be one, the market immediately firmed up and went from decidedly negative to positive. The demonstration was as clear as you ever get. Market players, those who understand the consequences best, have learned that no Obamam action will ever actually harm the financial industry.
eric does not bother to concern himself with ethereal things like civil liberties or the rule of law.
As anyone would know, the recess appointment clause was written to provide from emergencies–true emergency, like a sudden action needing immediate handling, not made up political emergencies–that come up and Congress is not in session to handle.
Obama’s use makes a mockery of Senate confirmation for any position. Why even ask for confirmation? The recess appointment runs out, but easy to reinstate now. So why bother with confirmation? Now, since Democrats usually appoint moderate people to positions, that isn’t so important, but when the GOP Presidents in the future begin to appoint extreme right wing people to positions, it may not be such a popular policy. You might now think it is such a great thing then.
Boehner and McConnell have to complain in public, but you can bet they secretly love this move for the door it opens.
You are absolutely right. Why do you think people are trying so hard to get rid of religion?
They don’t want anyone around who might remind them that some of the things they do are not so kosher.
You are right, it is all fake.
In fact, I’d like to see some ID from you. I don’t really think you are independentvotenews.
Generally though, having appointments in place helps Democrats more than Republicans. After all, if an agency such as the current NLRB) is powerless (due to the lack of a quorum of 3 members), labor law effectively can’t be enforced. Employers can run roughshod over unions.
If Democrats block Republicans from approving their nominees, the result isn’t all that different than if they don’t do so. Labor law isn’t effectively enforced, because there are no appointees (or because the Republican appointees refuse to do so).
On the other hand, if Republicans block Democrats, that changes the outcome substantially, because now Democrats can’t issue new regulations that otherwise would have been issued.
In generals, the partison favor of government action is hurt much more by total paralysis than the party of smaller government. (This is also true in a political sense — appointment deadlock allows the party of smaller government to break government, and then say “see? Government does not work. Repeal it all.”)
This is not strictly true — there are some instances where blocking Republican regulators would substantially change the otherwise-status-quo. But on balance, a more robust executive recess appointment power helps progressives more than it helps conservatives.
Are you arguing that Cordray would be a “weaker sheriff” than Geithner?
Oh. I thought they were trying to get rid of religion because all the philandering TV evangelical ministers and the priests molesting the choir boys have finally convinced people that the religious institutions are completely full of shit. Thanks for straightening me out. /s
NOBODY could be weaker than Geithner, who your boy has seen fit to keep in place, right? But here, you get, once again, the appearance of something having been fixed, when the reality is that the criminals will get to keep being criminals. Here, the bonus is that Obama the Trojan horse gets to look like he’s getting tough on the bad guys, so he can that much more easily continue playing the double-agent. This is what happens when people like Obama pretend to be the opposite of what they really are. Get back to me when a bank CEO is behind bars, OK?
There are still plenty of incentives to seek normal confirmation. Recess appointments only last 1-2 years (depending on the timing of the appointment), while confirmed positions often last much longer (frequently well past the end of the President’s term).
Furthermore, judges are appointed for life. So recess appointments almost useless for judges. And the Senate can retaliate by refusing to confirm judges if the President abuses his recess appointment power.
Or, the Senate can just decide not to go on vacation.
All this move does is give the President more leverage during negotiations with the Senate. Both sides still have incentives to do things the normal way (the President, to get longer appointment and judges; the Senate, to have the ability to go on vacation with a promise that the President won’t recess appoint anyone not in a negotiated agreement). Both sides can take action if they feel the other side is being unreasonable (as opposed to before, where a hostile Senate could cripple government at no inconvenience or cost to that Senate).
I agree; it is unlikely that Cordray will be worse than Geithner. (Which is why I fail to see why the market would go up due to the change from Geithner to Cordray).
You want the truth? You want the truth? You can’t handle the truth. You want to get rid of religion. Well deep down in places you don’t talk about in polite company, you want religion. You want me on that altar. You need me on that altar.
“Boehner and McConnell have to complain in public, but you can bet they secretly love this move for the door it opens.”
————–
$5 will get you $10 that “impeach” comes up from one or the other.
The market goes up because this is the end-move of a long legislative process that was “supposed” to rein in the financial industry. Now, seeing the last move, market players see that it ain’t so bad, and they can stop worrying about anything more onerous coming along for the foreseeable future. (You think politics is the only place where people have to sort thru the mindfuckery?)
Dayan opens writin that Obama made a “BOLD MOVE” and closes writing: “Of course, if Obama was willing to do this for Cordray, he could just as easily have done it for Warren.”
Appointing Warren would’ve been a “BOLD MOVE” and asking why Obama did this now would offer FDL readers ever greater perspective on the motives of “President Paper Progressive”. Is it possible that just maybe his advisors are growing increasingly afraid Dems won’t notice ANY policy differences between Obama & Romney? After all, wasn’t Obama’s BIG HCR accomplishment Romney’s before it was Obama’s?
The truth is that you lust after Ben Affleck. And now, everybody knows it. (Not that there’s anything wrong with that lol.)
I think a President Romney would move to abolish the CFPB (or at least ensure his appointee was an anti-regulatory zealot). I doubt Romney would appoint Cordray. I also doubt that Cordray would block any regulation that Warren would have wanted.
I think Warren would have been a great CFPB head. But I also think she will be a great Senator from Massachusetts. She would have more power in the former position, but only for 1-2 years (whereas the latter position allows potentially decades of influence and potentially keeping control of the Senate). If she results in us keeping the Senate, Supereme Court appointments/lower court appointments/any reconciliation bill could hang in the balance (the latter depending on who wins the Presidency). In fact, in the unlikely scenario where Obama loses but we keep the Senate due to her win over Scott Brown, she could single-handedly block the crippling of the CFPB in a reconciliation bill.
More silly actions by OBAMA
First we all know OBAMA does not do any thing unless his overlords tell him too! Yes the 1% Obama works for approved this action.
Why did OBAMA do this? He did not do it for the 99% he done it for people like Rachel Maddow, Chris Matthews, Ed, etc. Obama needed to give the phony liberal media something to yell about to Progressives. Obama should have done this 3 years ago. when something could have gotten done.
Obama never does any thing BOLD, OBAMA does what he is TOLD!
Oldgold? why do Progressives and Intelligent USA citizens bother to speak with MORONIC USA? WHY?
Current technology is going to allow Progressives and other Intelligent USA citizens to IGNORE ignorant AMERICA. We should all thank GOD for this!
Yes we are heading toward two USA’s one Intelligent and one MORONIC.
Corporations and the 1% really fear this, because they will be force to choose sides or Progressives will determine their fate for them.
Progressives are getting tired of trying to reason with MORONIC USA.
I see a future with Progrssives Banks that progressive bank at, and banks MORONIC USA banks at
States and towns will follow.
If MORONIC USA wants KANSAS, SOUTH CAROLINA, MISSISSIPPI I say we let them have it!!! These MORONS will never survive the future any way.
Oldgold it is time we cut the MORONs loose
This current OBAMA KABUKI show with Cordray is going to blow up in his face! Watch
the 1% made a huge mistake putting OBAMA in the WH!!!
So, Obama deserves credit for NOT appointing Warren? Remember, Cordray was NOT Warren’s first choice. He’s the lesser one that Obama can get away with while still pretending to care about middle class needs. Election’s coming, does he have ANY Democratic policy issues to run on?
Excuse me for jumping in, but Warren’s…credentials…for being a “populist”, are, in fact, less than stellar.
First and foremost, for most of a year, she let Obama use her as a liberal dog-yummy to try to keep pissed-off progressives on the reservation. He could have put her in as a recess appointee, and didn’t. She was up to head the CFPB back when the democrats still had locks on the board with that 18 seat majority in the Senate, and he could have forced an up-or-down vote and if the repubs had filibustered her (just as if they’d filibustered anything else…) Obama could have made them pay a big political price for it, then. He didn’t do that, either.
And she held still for all of this, while waay too many progressives were doing nip-ups about the possibility of her becoming the head of CFPB. if, at some time, she’d held a presser and said: “This has been going on for a long time. Either I get a vote, or I’m out of here.”, I’d have some respect for her. She didn’t do that. The point is, she was perfectly content to have Obama repeatedly trot her out like some pet dog, to try to impress liberals, and then, when he dumped her, she still had nothing to say about it. My question is: How much of this would it take to piss her off?
Also, as has been pointed out numerous times, she was a republican until she was 46, and a few months ago, when someone asked her if she’d voted for Reagan, she refused to answer.
I’ve read that she and her husband live in a $1.5 million dollar house in Cambridge.
None of this means that she’s a closet conservative, but it sure as hell isn’t reassuring about any passion on her part for real change…which has been the problem with the president whom she allowed to use her for so long.
Obama has proved we NEVER know what candidates will do once they’re elected. So, why don’t we vote on what we know, not what we THINK. We know Candidate Obama identified & spoke elequently of the importance of changing our country’s direction. We know President Obama hasn’t implemented ANY of the issues he campaigned on. We know he’s as amoral as “Chauncy” Bush. We know Obama’s HCR he’s so proud of is darned close to what Romney implemented in Mass. And, I believe we ALL know a vote for Obama in 2012 is a vote to continue more of the same from a guy who believes compromise with the radical right is better than fighting for the ideals he campained on. That’s not what I want.
“…does he have ANY democratic policy issues to run on?”
He has plenty of issues that he can run on, but the simple truth is that in a political sense,he quickly volunteered to check into the GOP Spay-and-Neuter clinic, and they happily obliged him. After the mid-term hammering he and the democrats took, he can piss and moan about republican “obstructionism” until he’s blue in the face, and it’s all kabuki. He can’t get any real reform legislation passed, and everyone in congress, on both sides of the aisle, knows it.
HIs problem is that the voters are understanding it, too. No amount of campaign posturing will change the fact that he’s probably the lamest first-term duck we’ve ever had for a preznint.
Inquisition is spot-on.
We don’t need banksters and Wall Street money-shufflers getting wrist slaps; we need some of them eating off of metal trays in Atlanta.
I’ll keep that in mind when the next GOP President appoints some extreme right wingers to the labor board and other bodies in an effort to tear them down.
I really don’t think you will be cheering then.
On the other hand, I’m happy. The door is wide open now.
More fake political theater. You claim Romney will shut down a worthless fake, solve nothing, change nothing bureau which is housed and funded by the FED… and we are all supposed to forget our common sense and vote for a corrupt president Obama… because of that. It doesnt matter… because it’s all FAKE. The Republicans are Democrats are all in on it… together. Its just fake posturing. It means nothing… but here are the blind worshipers of the corrupt Democrats playing their typical games… and on and on and on.
Ther rest of us are not falling for it. In fact the more you Democratic party worshipers talk your shit the more committed the rest of us get to ousting the corrupt Democrats and corrupt Republicans.
The corrupt Democrats and corrupt Republicans have ruined our nation and they can no longer be allowed to run the country.
Warren-Cordray… makes no difference who is running the fake “bureau”… both are OWNED by the 1%… and the bureau itself is totally fake.
Of course as you keep on talking your Democrats vs Republican nonsense… the Democrats and Republicans continue to work hand in hand to loot the country and serve and protect the 1%.
More fear-mongering-for-Obama…
The people who are involved in this are doing us more of a disservice than the republicans.
“You have to agree to keep getting run over by a 6 ton semi…otherwise, you might get hit by an 8 tonner”.
I would point out that with this logic we got the shit kicked out of us in the mid-terms. If the democratic campaign strategy in 2012 is more of the “We suck less!” crap, then what happens in 2012 will make 2010 look like a love-tap from the voters.
Just read–AP, Fuller–that Bush made 170 recess appointments. Don’t remember so many, however many more than the 15 named at #43.
agreed, but let’s not forget – odds are great, he/she’s getting paid to spew absurdities.
The reason he took that hammering after two years was BECAUSE of what he did & didn’t do while he controlled the House & the Senate. He had a once in 30 year opportuniy to right TERRIBLE wrongs, wrongs that will greatly affect our kids & grandkids lives. Instead, he chose to ignore them. Shame on him.
Obamabots = Bushbots
Brainwashed followers of their fake heros.
NDAA [National Defence Authorization Act].
Indefinate Detentions [imprisonment] of American citizens.
Signed into law by Democrat Barack Obama…
The final vote in the Republican led House was 283 – 136…
The final vote in the Democratic led Senate was 86 – 13.
Agree… so glad you brought that up. ALL part of the Democratic and Republican partys propaganda/brainwashing schemes… paid for by by the 1% and unfortunately a small amount actually coming from the victims themselves… the partys followers.
Great comment… Warren is an instant replay of Barack Obama. Fake populist then serve the 1%. She is copying the Obama playbook verbatim.
You couldn’t be more wrong about Warren, she IS the real deal. Repubs, Dems. AND Obama tried to use her to fwd their sleezy agendas, when it was obvious NONE OF THEM wanted any part of her. She hung in there & not only forced funding of her little agency, she got out with her skin & the Dems blessing (at least until they can find a way to anonymously shaft her) for her Senate campaign. Check out her background, she’s a LONG LONG way from a 1%er, or an insider wannabe like “Clarence Thomas” Obama.
No, I’m saying Obama bent over the Democratic party to gain some election traction.
Now, when a GOP president appoints extreme right wing people, Democrats will have nothing they can do about it.
These appointees goal will be to dismantle agencies, and they definitely get appointed.
Thanks to Obama.
Wrong…
You have fallen a dupe for the fake political theater. Like too many who cant think for themselves you equate oposition by the other party as validation for your fake hero. This is the game that is played over and over and over by the corrupt political partys who are working hand in hand together to serve and protect the 1%. And you have fallen for it hook, line and sinker. The only mistake I made was in assuming you could think for yourself… I was mistaken. Waren is repeating the Obama handbook of fakery… verbatim. It’s the exact same scam.
Geez Ecahn, What’s happened to this place?
Changing Senate rules requires a 2/3rd of members present voting to end debate after a two day notice under the Senate rules that the Constitution required the first Congress to write for itself.
The rules are not laws so courts have no jurisdiction, so the Senate can ignore its own laws and even the Constitution within its chambers, say bringing in guns to force action.
Just remember that anything you advocate Democrats do, you are giving the conservatives the authorization to use against your interests a thousand times more out of spite and revenge.
What no one has commented on are the recess nominees that no one bothered to force the Republicans to give an honest confirmation vote who were forced to leave their posts in December.
Two were attacked in part of the basis of being gay or supporting gay rights internationally. Did any gay rights activist do anything to bring the Republican homophobia to the attention of the public or otherwise make the Republican Senators the subject of ridicule? Nope. They just passively let these recess nominees languish as lame ducks.
When only some Bush nominees didn’t get “up or down votes”, the Republican machine and all their allies put on a full court press to pressure Democrats to yield. With Obama, Democrats, liberals, activists, and even Mr Dayan has consented to the Republican obstructionism by his in action, preferring to attack Obama instead for not making limited time appointments of lame ducks which will ensure a consistent policy direction.