President Barack Obama is running for re-election with an unusual pitch: He can't 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 wouldn't or couldn't 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 doesn't fully understand the "advice and consent" thing. George W. Bush didn't take it very well either.
Refusing to bring his idealogue nominees to a vote in the Senate is "advice." In the case of the NLRB nominees, the advice was, "Pick someone less idealogical and less biased toward one side of the issues."
In the case of Cordray, the advice was, "Let's fix this so we aren't confirming a Czar who is completely unaccountable to anyone." Cordray was unaccountable to We the People through our Congressional representatives because his "bureau" wasn't funded through congressional appropriations. He was also unaccountable to the people paying his salary and his bureau's operating funds (that would be the Banksters at the Federal Reserve).
I seriously doubt the Federal Reserve will fund the Cordray and his bureau until the Senate actually confirms the Director is actually confirmed by the Senate. That might require some legislation to establish some accountability for the Bureau.
I can't say for sure what the Fed will do. I'm pretty sure the bogus "recess appointment" will be litigated the first time this Bureau tries to enforce any action with Cordray as the Director. Whatever bank, financial institution or business they try to regulate, that business will rightfully challenge the constitutionality of this appointment.
The same thing will happen with anything the NLRB tries to do. There is actually a precedent (from a case that went to the Supreme Court in 2010) which says that the President can't make a "recess appointment" to the NLRB specifically until Congress has recessed for at least 3 days. Obama's own solicitor held that position in the case of New Process Steel v. National Labor Relations Board.