January 5, 2012 in Constitutional
I Will Obey the Constitution of the United States
Ohio – January 5, 2012 – “This is part of the whole theory of George Bush that he can make laws as he is going along. I disagree with that. I taught the Constitution for 10 years. I believe in the Constitution and I will obey the Constitution of the United States.” That’s what candidate Barack Obama said in 2008. Apparently, he was kidding.
According to our Constitution, Congress must remain adjourned for at least three days before the adjournment constitutes a “recess” for the purposes of recess appointment power. The House and Senate both met the day before Obama’s appointment, and have held pro-forma meetings every three days since before Christmas, as Democrats did during the Bush administration to prevent the president from making recess appointments. Additionally, neither chamber passed an adjournment resolution in December.
Tea Party groups in Ohio had asked Senator Portman to be more vocal against the Cordray appointment, as well as the Consumer Finance Protection Board, but his response to this appointment yesterday was “this is not about Rich Cordray, who I believe is a good public servant…” “If Cordray is such a “good public servant” as Portman claims, Cordray would refuse this appointment based on the manner in which it was done and how the department itself violates the Constitution. For many Tea Party people, that would be a good public servant,” said Ralph King, State Co-coordinator and Founder of the Cleveland Tea Party Patriots.
Regardless of who’s appointed, and how, the CFPB has the power to interfere with every consumer financial transaction in the economy. It is housed in the Federal Reserve and funded out of Fed operations, therefore creating a governing entity in and of itself, and avoiding congressional oversight.
“This President is ignoring the separation of powers in the Constitution by ignoring Congress. He is dictating what he believes is best for the country and boasting about it while in Shaker Hieghts this week when saying he has an ‘obligation as President to do what I can without them (meaning Congress).’ This president has no intention of obeying the Constitution, and has done everything to create a governing entity outside of the Constitution. Everyone should be concerned about one man who believes he can wield that much power, on his own, without the consent of our elected representatives,” said Marianne Gasiecki, State Co-coordinator and Founder of the Mansfield Tea Party.
It is critical that the Senate does not confirm this recess appointment. According to another statement issued by Senator Portman, a statute creating the CFPB makes clear that only Senate confirmation of a director – not a recess appointment – can activate the new powers of this agency to regulate consumer transactions
*Ralph King – State Co-coordinator Tea Party Patriots*
Marianne Gasiecki – State Co-coordinator Tea Party Patriots