Obama Sticks It In Their Ear

For the past three years, Senate Republicans and their House colleagues have resorted to symbolic sessions so that the President can not make recess appointments. Two of the latest examples have been the refusal to allow Richard Cordray, the former Attorney-General of Cleveland, to be appointed to head the new Consumer Protection Agency, and the three Democratic nominations for the National Labor Relations Board. In Cordray's case, it was because Republicans objected to the creation of the Consumer Protection Agency from the beginning and did not want it to become operative until significant changes were made to water down its powers. For the National Labor Relations Board, it was to neutralize the entity because it needs at least three members to decide issues.

Today President Obama in Cleveland announced the appointment of Richard Cordray to head the Consumer Agency. If you remember, the original popular choice for this position was Elizabeth Warren but Republicans overtly stated they would never approve her confirmation. Cordray, however, was strongly supported by Elizabeth Warren before she left government.

And only hours later President Obama appointed the three nominees to the National Labor Relations Board. Beneath the surface, there have been several legal reports suggesting that the President has the power to recess appointments even if and especially if Congress is only symbolically in session.

The idea is that Congress is trying to prevent the President from carrying out his constitutional duties. In the case of these two agencies,it is unprecedented for a minority party to block qualified appointments simply because they object to the existence of a legally approved agency of government. Observers were waiting for President Obama to act on these nominations believing he would have done it on Holiday. But he chose the moment when symbolically the Senate was in session, although it was not meeting on any act of governing.

Naturally Mitch McConnell and John Boehner were outraged at this "unprecedented act" and vowed to seek redress in the courts. Neither man would admit that President Obama has resorted to recess appointments less than any of his most recent predecessors. from the President's point of view, this was an adroit move. It forces Republicans in an election year to oppose the Consumer Protection Agency and for blue collar workers it shows that Republicans oppose labor with the appointments of the three Democrats to the National Labor Relations Board.

The latter has become an ideological point of conflict with the new Congress ,who believes the National Labor Relations Board is too favorable to labor, even though it has been without Democrats and any one representing labor for a long time. In fact, it was George W. Bush who appointed almost all Republicans and a few former Democrats to the board to tilt it toward business.

We can hear the screaming around town. But this is one of the few ways President Obama can produce on his promises while Congress is mired in obstructionism. Already the Senate has set an all-time record for filibusters, in fact more times than used altogether in American history. Does Obama benefit politically from this. Of course, he does.

It's worth noting that Theodore Roosevelt got this practice down to a science when he made recess appointments during 12 hour increments when Congress was in temporary recess or sessions had been adjourned.