President Barack Obama is running for re-election with an unusual pitch: He cant work with others.
He only gets along with yes men. I refuse to take no for an answer Obama said last Wednesday of his decision to make a recess appointment that placed Richard Cordray as head of the new Consumer Financial Protection Bureau. The Constitution of course gives the president the power to make appointments during Senate recesses. Technically however the Senate was in session. The imperial president bypassed Senate rules and years of precedent because he wouldnt or couldnt cut a deal.
Later Wednesday the White House announced three more recess appointments for vacant seats on the National Labor Relations Board. Obama explained When Congress refuses to act and as a result hurts our economy and puts our people at risk then I have an obligation as president to do what I can without them.
Obama a former constitutional law professor just kicked the Constitutions delicate balance of powers by using the executive boot to step on the Senates power to advise and consent.
I understand the presidents frustration with the system. In December 53 senators voted in Cordrays favor but under Senate rules 60 votes are needed to bring his confirmation to an up-or-down floor vote. (Republican senators dont have a problem with Cordray per se. They used his nomination in an attempt to roll back some of the regulatory powers and increase congressional oversight of the new consumer bureau created in the Dodd-Frank law.)
The 60-vote threshold may not seem fair. But in his 2006 book The Audacity of Hope Obama wrote To me the threat to eliminate the filibuster on judicial nominations was just one more example of the Republicans changing the rules in the middle of the game. He was angry with Republicans for thinking about flouting precedent.
Obama however didnt seem to mind when Democrats changed the rules during George W. Bushs presidency. On Nov. 16 2007 Senate Majority Leader Harry Reid announced that the Senate would hold pro forma sessions -- that could involve little more than gavel rattling -- during the Thanksgiving holiday to prevent recess appointments.
According to the Congressional Research Service the Senate pro forma session practice appears to have achieved its stated intent: President Bush made no recess appointments between the initial pro forma sessions in November 2007 and the end of his presidency. Upon Obamas election recesses resumed but in 2010 the Senate resurrected pro forma sessions.
And now Reid agrees with Obama aides who say that his pro forma sessions are a gimmick. Hes supporting the presidents attempt to undermine Senate power.
In 2010 two former Bush attorneys wrote an opinion piece in which they urged Bush to call the Dems bluff on phony pro forma sessions. Bush did not oblige. He may not have liked the phony rules but he showed respect for the Senates prerogative.
What would happen if Obama were to win re-election this year but the GOP won the Senate? How would Obama get anything done?
Hes poisoning the well observed University of California Berkeley law professor and former Bush administration attorney John Yoo. Worse: This is going on when his party is in charge.
This is how little Obamaland respects Reids Senate. White House communications director Dan Pfeiffer wrote on the White House blog Wednesday The Senate has effectively been in recess for weeks and is expected to remain in recess for weeks. Then Pfeiffer attacked the pro forma gimmick.
It was during one of those pro forma sessions which they call a gimmick that we passed the two-month extension for the payroll tax holiday Don Stewart spokesman for Senate Minority Leader Mitch McConnell dryly observed. On Dec. 23 the Senate gave Obama what he wanted. As a reward the administration says the Senate wasnt really doing anything.
Republicans scratch their heads. For years the chattering classes bemoaned Bushs copious use of executive power. Yet when Obama steps on the Senate news reports describe Obamas behavior as bold and media-savvy.
The bigger issue however concerns Team Obamas apparent decision to win re-election by playing to the liberal base not the American political middle. While the administration should be working to heal the economy the administration is busy pointing fingers at bad Republicans.
Tea Party Express co-founder Sal Russo likened the Obama strategy to Bush guru Karl Roves strategy to win re-election in 2004 by ginning up the base. Russo doesnt see how it could work for the Democrats this year.
To independent voters especially the presidents failure to work with Congress doesnt compute. Look youre president Russo said. Why cant you just walk over to Congress and talk to these guys?
To the average Joe theres only one standard noted Russo. Youve got to get the job done.
President Barack Obama is running for re-election with an unusual pitch: He cant work with others.
He only gets along with yes men. I refuse to take no for an answer Obama said last Wednesday of his decision to make a recess appointment that placed Richard Cordray as head of the new Consumer Financial Protection Bureau. The Constitution of course gives the president the power to make appointments during Senate recesses. Technically however the Senate was in session. The imperial president bypassed Senate rules and years of precedent because he wouldnt or couldnt cut a deal.
Later Wednesday the White House announced three more recess appointments for vacant seats on the National Labor Relations Board. Obama explained When Congress refuses to act and as a result hurts our economy and puts our people at risk then I have an obligation as president to do what I can without them.
Obama a former constitutional law professor just kicked the Constitutions delicate balance of powers by using the executive boot to step on the Senates power to advise and consent.
I understand the presidents frustration with the system. In December 53 senators voted in Cordrays favor but under Senate rules 60 votes are needed to bring his confirmation to an up-or-down floor vote. (Republican senators dont have a problem with Cordray per se. They used his nomination in an attempt to roll back some of the regulatory powers and increase congressional oversight of the new consumer bureau created in the Dodd-Frank law.)
The 60-vote threshold may not seem fair. But in his 2006 book The Audacity of Hope Obama wrote To me the threat to eliminate the filibuster on judicial nominations was just one more example of the Republicans changing the rules in the middle of the game. He was angry with Republicans for thinking about flouting precedent.
Obama however didnt seem to mind when Democrats changed the rules during George W. Bushs presidency. On Nov. 16 2007 Senate Majority Leader Harry Reid announced that the Senate would hold pro forma sessions -- that could involve little more than gavel rattling -- during the Thanksgiving holiday to prevent recess appointments.
According to the Congressional Research Service the Senate pro forma session practice appears to have achieved its stated intent: President Bush made no recess appointments between the initial pro forma sessions in November 2007 and the end of his presidency. Upon Obamas election recesses resumed but in 2010 the Senate resurrected pro forma sessions.
And now Reid agrees with Obama aides who say that his pro forma sessions are a gimmick. Hes supporting the presidents attempt to undermine Senate power.
In 2010 two former Bush attorneys wrote an opinion piece in which they urged Bush to call the Dems bluff on phony pro forma sessions. Bush did not oblige. He may not have liked the phony rules but he showed respect for the Senates prerogative.
What would happen if Obama were to win re-election this year but the GOP won the Senate? How would Obama get anything done?
Hes poisoning the well observed University of California Berkeley law professor and former Bush administration attorney John Yoo. Worse: This is going on when his party is in charge.
This is how little Obamaland respects Reids Senate. White House communications director Dan Pfeiffer wrote on the White House blog Wednesday The Senate has effectively been in recess for weeks and is expected to remain in recess for weeks. Then Pfeiffer attacked the pro forma gimmick.
It was during one of those pro forma sessions which they call a gimmick that we passed the two-month extension for the payroll tax holiday Don Stewart spokesman for Senate Minority Leader Mitch McConnell dryly observed. On Dec. 23 the Senate gave Obama what he wanted. As a reward the administration says the Senate wasnt really doing anything.
Republicans scratch their heads. For years the chattering classes bemoaned Bushs copious use of executive power. Yet when Obama steps on the Senate news reports describe Obamas behavior as bold and media-savvy.
The bigger issue however concerns Team Obamas apparent decision to win re-election by playing to the liberal base not the American political middle. While the administration should be working to heal the economy the administration is busy pointing fingers at bad Republicans.
Tea Party Express co-founder Sal Russo likened the Obama strategy to Bush guru Karl Roves strategy to win re-election in 2004 by ginning up the base. Russo doesnt see how it could work for the Democrats this year.
To independent voters especially the presidents failure to work with Congress doesnt compute. Look youre president Russo said. Why cant you just walk over to Congress and talk to these guys?
To the average Joe theres only one standard noted Russo. Youve got to get the job done.
