President Obama’s power is growing.
Today’s’ presidential appointment of Richard Cordray to head the CFPB breaks the traditional recess appointment process. Generally the congress must be in recess for 3 days before the President can do this. This was even the administration position in an argument before the Supreme Court in 2010 to reaffirm the three day window the Clinton shortened from the historical ten day window. Interesting how things change….
And speaking of change…the complete silence from the Democrat party on the signing
of the National Defense Authorization Act and the potential of indefinite detainment
of citizens is a real change from the howling we heard under Bush…much less the “audacity” of the Patriot act. The really
interesting part is the absurdity of the president signing statement as a ruse
to “protect” US
citizens.
My administration will not authorize the indefinite military detention without
trial of American citizens … Indeed, I believe that doing so would break with
our most important traditions and values as a nation.
This is silly and completely
disingenuous when it was the administration who requested the exception for
Americans be removed from the bill. The only people howling are conservatives…and
the ACLU!
I wish I could understand what this man
is thinking. His consolidation of power started with the appointment Of Czars, circumvention
of the legislature by the EPA, the improper recess appointments and this ability
to detain anyone on the planet with out trial…(in all fairness I’m really only
interested in US citizens here). There are many other examples of over reach
but this new power authorized in the NDAA is particularly troubling. I’m not
very happy with republicans in congress who were rushed along with this and may
not have been able to parse the requisites in the two defining sections on
detention 1021 and 1022. The latter
section exempts citizens; however the preceding discretionary detention does
not and the wording may have confused those gleaning the 1800 pages.
The president is facing a very hard campaign coming up. I have to wonder what power he will attempt to gain prior to November. None the less many of these power grabs should be at odds with principles of the left. Or perhaps…it’s change(d).
cw
forgive the font^%@$^%$@
I use Word!
Issues:
Comments
A note on the non recess
A note on the non recess apt. The Dod Frank Bill specificly states the head of the CFPB must be confirmed by Congress. Thus...Cordray has no authority.This appontment and those to the NLRB are in violation of the constitution. Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
the constitution also says something else
the constitution also states that when the Senate is in recess the president can appoint, so it does not matter that the law specifically requires confirmation. Now, it is unclear whether the Senate is actually in recess, that's a different problem
Coffee
Coffee ReadingCongressional Research Service http://www.senate.gov/CRSReports/crs-publish.cfm?pid='0DP%2BP%5CW%3B%20P%20%20%0AUnderstand the CFPB...is under the Fed(Joe's Private Bank) There is only One Congressional(Read:constititional) oversight and that is Confermation by the Senate... (This whole entity is funded and appropriated...by the Federal Reserve....Not the congress( read:constitution))...Thus...its ONLY semblance of "Consent of the Governed" is the Confirmation." The only reason Republicans in the Senate have blocked Richard is because they don't agree with the law setting up the consumer watchdog"-Obama, YesterdayWrong. ...its ONLY semblance of "Consent of the Governed" is the Confirmation. That should have EVERYONE'S ATTENTION.This is why the republicans were in opposition...not the appointment of Cordray. The CFPB is an autonomous entity w/ the power to regulate. http://www.cato-at-liberty.org/obamas-constitutional-gamble-on-consumer-finance-nomination/"The Dodd-Frank Act is very clear, even a law professor can probably understand this section, that authorities under the Act remain with the Treasury Secretary until the Director is “confirmed by the Senate”. A recess appointment is not a Senate confirmation."The President's speech yesterday should chill every citizen. "But when Congress refuses to act and as a result hurts our economy and puts people at risk, I have an obligation as President to do what I can without them." Congress is the peoples mechanism to direct their government. Granted, the 17th amendment put it farther out of our reach...but the President seeks to insulate entities that govern us even more.The powers being consolidated in the White house are frightening no matter who resides there. cw Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
Here is what could happen next...
Another recess apt to install a new heard of FHFA, institute an massive mortgage adgustment program placing the burden on taxpayers...all outside the perview of Congress. http://ordinary-gentlemen.com/eliasisquith/2012/01/04/will-the-next-recess-appointment-be-the-biggest-one-yet/cw Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
Kill the tag line?
Could you possibly save cyber "space" and refrain from repeating your tag line in every post? You know,...."Weakness is provocative. One of the most noble things you can do is kill the enemy."And as for Obama's latest moves, I'm glad he appointed someone to head the consumer protection agency. The confirmation process has become a procedural farce with the Senate pretending to be in session. Please someone challenge it in the courts and we can find out... As for indefinite detention, I am not a fan. I'd like to see the Bill of Rights and due process count for something. And finally, not sure this counts as local Orange Politics. But thanks anyway.
1)No.2) you have no issue
1)No.2) you have no issue w/ an autonomous Federal Regualtory agency being outside the control of congress(thus the people( Citzens of Orange)) and the treasury Dept... under the Private Fereral Reseve?3) is the discriptor "procedural farce" applicable only to specific parties that utilze the law ? Which is the "procedural farce"? the use of recess apointments as writen into the constitution? or the comformation process as written into the constitution?4) this is...as noted above is very much applicable to the Citizens of Orange County. Given the proposal of the Mortgage reduction scheme via the end run around congressional conformation(the tangible end of the consent of the governed) and prospective dumping of a trillion dollars in adjustments...it is certain that such a burden will be carried by citizens of Orange. All politics are local.cw Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
For me, procedural farce
refers to both democrats and republicans. Both have done this in the past. However, in this case the position was created through proper legislation and the senate is not really in session. Sad that courts may very well have to define just exactly how many minutes senators have to be in attendance (or even have a quorum) for it to count as a session. Sad that this is the big outrage, given the bigger outrage that Americans may now be held indefinitely if they are suspected of being terrorists. True all politics are local, but.... As for the tag line, just thought I would ask. Have a nice day. :)
Let us remember
That the vaunted Payroll Tax( social security) Cut (reducton of funding)...was passed during a Proforma session and the President cheerfully signed it into law(which affects all working citizens of Orange).This is another wrinkle in trying to understand the "procedural farce". Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
I agree on the Detention
I agree on the Detention policy. I'm screaming at Republicans in office and getting nothing back. But I find it bothersome the only howling I have encounted is coming from the right. If anyone know of democrat resistance I would like to see/read/comment. I see this as greater intrusion of the federal govenment than the Patriot act ever could have been...but it is very quiet outside.Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec
non right howling
Can't imagine that you aren't on their email list......https://secure.aclu.org/site/SPageServer?emsrc=Nat_Appeal_AutologinEnabl...Talk is cheap."Mind your own business and keep your mouth shut."-My DadCam
No I'm not. 90% of the time
No I'm not. 90% of the time they are on the wrong side of the law IMO...but of course I'm sure you did noted that I did give them credit early on for the 10%.cw Weakness is provocative.
"One of the most noble things you can do is kill the enemy."-Maj. Douglas Zembiec