"Non Recess" Appointments Violate Constitution

Obama Openly Violated U.S. Constitution

     President Obama's openly unlawful recess appointments are clear and serious challenges to our Constitution.  This act goes beyond partisan politics, and beyond any transient issue.  It is an extreme affront to the continued rule of law and adherence to the document that is the bedrock of American freedom.

      Whether The white House likes it or not, it cannot make a recess appointment when the Senate is not in recess.  The appointments to the CFB and the NLRB are clearly illegal.

      The utter disdain the White House has both for precedence, as well as constitutional law, is clear. There is no complex issue to be litigated, no question of misinterpretation. 

       Indeed, even some of those who supported the placement of Richard Cordray as head of the Consumer Financial Protection Bureau, one of the unlawful appointments, are disturbed by the President's illegal action.  Timothy Noah, writing in The New Republic, (certainly not a conservative journal) noted yesterday that:

        As someone who strongly supported a recess appointment for Richard Cordray, I'm confused as to why President Obama chose to act today...I'm having trouble understanding how the recess appointment of Cordray can possibly withstand a legal challenge."

       The relative merits (and lack thereof) of Obama's "non-recess" appointments to the CFB and NLRB are secondary problems.  The key question is the complete illegality of the President's action, and what response should be made to it.   

        As a party dedicated to preserving the freedoms and rule of law enshrined in our Constitution, we are obligated to fight this White House, and its contempt for constitutional law, with all the strength we can muster.