Remember those terrible days of the Imperial Presidency, when George W. Bush made several "recess appointments" to overcome Senate opposition? Well, Czar George II never did attempt what President Obama did yesterday in making recess appointments when Congress isn't even on recess.
Eager to pick a fight with Congress as part of his re-election campaign, Mr. Obama did the Constitutional equivalent of sticking a thumb in its eye and hitting below the belt. He installed Richard Cordray as the first chief of the Consumer Financial Protection Bureau and named three new members to the National Labor Relations Board. He did so even though the Senate was in pro forma session after the new Congress convened this week.
This story isn't receiving nearly as much attention in the mainstream media as it should be getting. Imagine if Bush had tried to pull off something like this. Obama's power grab is truly astonishing and can only be described as a severe violation of the very Constitution he swore to serve, defend and protect. Charles Krauthammer rightly blasted this sad move an embarrassing indicator of a banana republic. You'd expect shenanigans like this from Hugo Chavez or a Castro, not from a successor to Washington. Obama justified this naked authoritarian act by claiming that "America cannot wait for Congress to act..." and so on. It's as though he's consulted the 12 Steps To Becoming a Dictator manual. Step One: In the face of an immanent "crisis," sweep aside any challenge to your authority, like those messy checks and balances and such. One is reminded of Rousseau's Legislator who, given his self-appointed status as the sole representative and voice of the people, rules plenipotentiary.
What will congressional GOPers do? Time will tell. Until then, it's fair to question whether Cordray's appointment is even legitimate. Why not just ignore every command issued from him and his office?
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