President Obama’s Recess Appointment Of Richard Cordray – A Concise Explanation Of The Controversy
After GOP senators repeatedly refused to approve the nomination of Richard Cordray to the directorship of the United States Consumer Financial Protection Bureau (CFPB), on January 4th, President Obama used the recess appointment clause under Article II, §2, clause 3 of the Constitution to appoint Mr. Cordray. Recess appointments are one of the more ambiguous provisions of the Constitution, and Presidents of both parties garner both praise and criticism for employing the process. Presidents Bill Clinton and George W. Bush made 95 and 99 recess appointments to full-time positions. President Obama has thus far made 29. Given the obviously political consequences of a recess appointments on the opposition party, procedures have been installed over the last decade of Congressional sessions to attempt to prevent or modify recess appointments. These proposals raise constitutional questions regarding their legitimacy, although the full extent of the President’s recess appointment power has not been fully settled, with opinions quite split even within the Department of Justice. The following report, prepared by the Congressional Research Service (my 24 year “alma mater“), provides a concise and excellent overview, in a FAQ format, of the issues involved in this latest use of the recess appointment power. . .
