Rick Moran "But there are also judges who wish to expand the power of the courts and this would seem to present them with such an opportunity. If the courts end up siding with the administration, the president will have been handed a new power not granted in the constitution. At the very least, it makes a mockery of the senate's "advise and consent" role."
The Hill: Obama's recess appointments might not hold up in court: "Carl Tobias, a professor at the University of Richmond School of Law, said waiting until Cordray or the new NLRB appointees act would make for “a much stronger case than the one they moved last week.”
NRO: Obama’s Overreach "Yet Obama has betrayed the original understanding of the Constitution in another sense — as did Pres. George W. Bush before him. Prof. Michael Rappaport of the University of San Diego has argued that the Constitution, as originally conceived, empowered the president to make recess appointments only to those vacancies that arose when the Senate was in recess. This vacancy, however, has existed since Obama signed the Dodd-Frank bill into law in July 2010.
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| http://townhall.com/political-cartoons/glennfoden/2012/01/09/95333 |
NRO: Obama’s Overreach "Yet Obama has betrayed the original understanding of the Constitution in another sense — as did Pres. George W. Bush before him. Prof. Michael Rappaport of the University of San Diego has argued that the Constitution, as originally conceived, empowered the president to make recess appointments only to those vacancies that arose when the Senate was in recess. This vacancy, however, has existed since Obama signed the Dodd-Frank bill into law in July 2010.
"If Republicans want to put teeth back into the Constitution, they should demand a return to the original understanding of the recess-appointment power in full."
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