The Cordray and NLRB Recess Appointments


Tom Van Dyke

Tom Van Dyke, businessman, musician, bon vivant and game-show champ (The Joker's Wild, and Win Ben Stein's Money), knows lots of stuff, although not quite everything yet. A past inactive to The American Spectator Online, the late great Reform Club blog, and currently on religion and the American Founding at American Creation, TVD continues to write on matters of both great and small importance from his ranch type style tract house high on a hill above Los Angeles.

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11 Responses

  1. I believe his last name is Cordray, unless this is a joke sailing past my head.Report

  2. Avatar Jaybird says:

    Well, so long as the genie promises to go back in the bottle…Report

    • Avatar Dan Miller says:

      Eh, it’s not that simple–for starters, the Senate itself, as I understand it, wants to go into recess, but is prevented by the House holding pro forma sessions.  Given that the Constitution grants the House no power over appointments whatsoever, I’m finding it hard to get too exercised about a counter-loophole being used to circumvent them.

      Disclosure: this is only my understanding, and thanks to my (insert Haddock-level cursing) New Years Resolution, I have fairly low blood sugar at the moment.  I’m drawing it from this excellent post about the institutional politics of the move–to my mind it doesn’t stress enough the practical reasons for the appointment, but it’s well worth a read.Report

  3. Avatar E.C. Gach says:

    It’ll be interesting to see how all of these theatrics are received by the public.

    Nothing though could be more useless and wasteful than challenging this move.Report

  4. Avatar Patrick Cahalan says:

    I’m not sure the first objection holds water (yes, I know this is thinkprogress, but this seems on the face of it to at least make sense).

    The Rortybomb post seems pretty straightforward.

    While I’m not a fan of the recess appointment, I’m less of a fan of the legislative branch basically refusing to do business in an attempt at dragass.  If they don’t want the CFPB to be a government agency, introduce legislation to get rid of it.   Refusing to act through red tape is getting to be all too common.

    Best yet, sit down and work out a confirmation process that can’t be hijacked by political bullpuckey.  The President submits a candidate, the Senate has one session to confirm or deny on a straight majority vote.  If they refuse to confirm a candidate within a couple of tries, the President can assume that the advice of the Senate is that the President submit a candidate that the President is not going to submit, and then the President discounts that advice and announces his or her last candidate.  The Senate can either confirm that candidate, or stay in session… without recess… until the President gives them a candidate they’re willing to confirm.  Somebody has to blink eventually, with eventually < a year.Report

    • Avatar Kim says:

      Dems stayed in continuous session for a while, during bush’s tenure. a long while, I think.

      (that said, I have much more patience with the Senate saying “no, we want you to talk with us” rather than the house playing procedural mindgames)Report

  5. Avatar Michael Drew says:

    Kudos and thanks for the link and for being so on top of this, Tom.Report

    • Avatar Tom Van Dyke says:

      Cheers, Mr. Drew.  To PatC: if Congress says it’s in session, I don’t see how the executive branch has the standing to decree it’s not.  I don’t like this one.Report

  6. Avatar Scott says:

    Typical Dem hypocrisy, so there is nothing to see here, please move along.Report