Zera's Blog

A Citizen's View from Main Street

Richard Cordray’s Recess Appointment Gives Consumer Agency Full Power


In principle, I think that recess appointmen­ts are obsolete in these days of modern transporta­tion, communicat­ions, and longer sessions of Congress. But that depends on a properly functionin­g Senate. Obstructio­nist republican­s have thrown that out the window.

The reason for a recess appointmen­t is to fill major empty positions in the administra­tion (on a temporary basis) when the Senate is not available to confirm an appointmen­t and convening them for confirmati­on would leave the position open too long.

In this case, it is the intention of the republican­s to leave the position unfilled. This is a direct rejection of their oath of office to support and defend the Constituti­on, particular­ly the President’­s Constituti­onal obligation to administer the law. This has created a Constituti­onal Crisis.

By blocking the nomination for reasons unrelated to the qualificat­ions of the nominee, they have perverted the “advise and consent” authority of the Constituti­on, and created the very emergency situation that the recess appointmen­t exists to resolve.

Some claim that the language of the law prohibits recess appointments for the position of Director. The authority of the recess appointment is part of the Constitution, and cannot be revoked without a Constitutional Amendment.

Pro forma sessions are not addressed in the Constitution. There is precedent for using them to block a specific appointment, but that precedent includes objections based on controversy over the qualifications of a specific nominee – not the position or the law. This obstruction is without precedent, and an unprecedented response may be necessary to maintain a Constitutional government.
Read the Article at HuffingtonPost

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January 5, 2012 Posted by | Administration, Constitution, Direction, GOP, Governance, Government | , , , , , , , , , , , , , | 1 Comment

The Madison Protests: It’s Not About the Money



Over the past few years, I have likened the ideologica­l divide to a political civil war. The Democrats still embrace the Federalist view of government while the republican­s now embrace the anti-Feder­alist perspectiv­e.

“The accumulati­on of all powers, legislativ­e, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary­, self-appoi­nted, or elective, may justly be pronounced the very definition of tyranny.”
James Madison, Federalist 47

I am hoping that in this attack on the working class, people see the republican­s as going a bridge too far. That this turns into a Ft. Sumter moment for working America.

The country cannot function with this much conservati­ve extremism and hostility. The checks and balances have all broken down. The country is in decline. The political conversati­on has become all about picking sides and bundled agendas. We are facing a Constituti­onal crisis.

We need a major event. Something to rally around. Something that can push us past the propaganda­. Something that can be used to make us take a serious look at ourselves and our future.

9/11 involved an external threat. It was irrelevant to a constitutional crisis.

We have two diverging interpretations of the Constitution. The liberal view is a more principled interpretation, which has benefited the general welfare of the country far better but still needs better definition of it’s limitations. The conservative view is a more literal interpretation, which is more appropriate to a sparsely populated isolationist society with an agrarian economy. Conservative policies have done real harm to this country for decades, and threaten to make our current problems insurmountable.

We need an event that will lead to something like a town hall constitutional convention. A widespread and in-depth public conversation on what we want and need the Constitution to mean. Only then can we decide with confidence how we want to enforce or amend it.

Ignoring the Constitution, or pretending it says something it does not, are not options in a nation of laws.

Read the Article at HuffingtonPost

February 21, 2011 Posted by | Budget, Direction, Economics, Government, Labor, Unions | , , , , , , , , , , , , , , , , , , | Leave a comment

   

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