Obama's recess appointments: Unconstitutional?
Republicans charge that the president broke the law by making appointments while Congress was on vacation. But just who's bending the rules here?

Republicans are furious with President Obama for appointing Richard Cordray to lead the new Consumer Financial Protection Bureau without first getting approval from the Senate. The Constitution permits presidents to install appointees when the Senate is not in session, and Congress won't resume official business until the holiday break ends Jan. 23. But the GOP had tried to prevent Obama from making recess appointments by scheduling informal sessions — where nothing was actually done — every third day during their break. Republicans say this meant the Senate was never truly in recess, so Obama's move was illegal. Was it?
Obama trampled the Constitution: A president simply can't make a recess appointment when "the Senate isn't actually in recess," says the New York Post in an editorial. In 2007, Democrats held the same pro forma sessions every few days — "each of which lasts only a few seconds" — to prevent George W. Bush from making recess appointments. They can't just dismiss the same strategy as a "gimmick" now. "King Barack's" disregard for the Senate's powers amounts to "blatantly unconstitutional overreach."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Republicans are the ones abusing their authority: Republicans are blocking hundreds of Obama's nominees, says Ezra Klein at The Washington Post, yet he only made four recess appointments — Cordray, and three members of the National Labor Relations Board. These organizations simply can't function without leaders. Obama is merely preventing Senate Republicans from abusing their power over nominations to "kill or change agencies that they didn't have the votes to reform."
"The radical Republican tactic behind Obama's controversial nominations"
Actually, both sides are bending the rules: Obama really has "pushed presidential power beyond past limits," says David Frum at Frum Forum. But congressional Republicans did the same thing by pretending the Senate is "in session when it's obviously not in session." This is just the latest example of how the Republican minority is using quirky rules to block appointments and "impose its will" on the entire government. "Constitutional abuse begets constitutional abuse."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
August 2 editorial cartoons
Cartoons Saturday’s political cartoons include a tariff self-own, rough times at the Trump golf course, and more
-
5 inexcusably hilarious cartoons about Ghislaine Maxwell angling for a pardon
Cartoons Artists take on the circle of life, Ghislaine's Island, and more
-
Ozzy Osbourne obituary: heavy metal wildman and lovable reality TV dad
In the Spotlight For Osbourne, metal was 'not the music of hell but rather the music of Earth, not a fantasy but a survival guide'
-
Ghislaine Maxwell: angling for a Trump pardon
Talking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
The last words and final moments of 40 presidents
The Explainer Some are eloquent quotes worthy of the holders of the highest office in the nation, and others... aren't
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
-
Democrats vs. Republicans: which party are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event