Senate, Don’t Confirm Appointees Unless Obama Retracts Unconstitutional Appointments | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

By Matthew Clark1328144052000

The ACLJ is calling for the Senate to take strong action in response to the “dangerous precedent” set by President Obama’s non-recess appointments. In a letter sent to Members of the U.S. Senate today, Jay Sekulow, ACLJ Chief Counsel, urged:

On behalf of our organization and the more than 84,000 Americans who have signed our Petition to Retract Unconstitutional Appointments, we urge the Senate to take decisive action in opposition to President Obama’s unconstitutional non-recess appointments. We urge you to use your power under the Senate rules to prevent the confirmation of any Executive Branch nominees unless and until President Obama secures the resignation of each of his unconstitutional appointees.

In addition to explaining why the appointments, made while the Senate was still in session, are unconstitutional, the letter warns, “If the President has the power to determine when the Senate is and is not in session, he would have nearly limitless power to appoint whomever he wishes without the constitutionally mandated advice and consent of the Senate.” The Senate must take action to “restore the separation of powers and the constitutionally mandated advice and consent of the Senate in the presidential appointment process.”

This week Congress has already held two hearings related to these non-recess appointments.

Today, the House Oversight and Government Reform Committee held a hearing to discuss options available to respond to President Obama’s “recess” appointments. The Wall Street Journal reports, “Committee Chairman Darrell Issa (R., Calif.) lambasted Mr. Obama’s appointments as a ‘political power play’ . . . .” Republican lawyer C. Boyden Gray, who himself was a recess appointee under the Bush Administration, testified that while the House may not have standing to file suit itself, “‘There’s going to be a challenge’ and ‘what you say will be taken very, very seriously.’”

Sen. Mike Lee (R., Utah), a former lawyer specializing in appellate and Supreme Court litigation, testified . . . “You have my assurance that I and my Republican colleagues will continue to explore and attempt to exhaust every available option” . . . .

Yesterday, Several members of the Senate Banking Committee, including Senator Roger Wicker (MS), boycotted the testimony of President Obama’s non-recess appointee to head the Consumer Financial Protection Bureau, Richard Cordray. Of the members who attended Cordray’s first Senate hearing, some expressed concern over the legitimacy of his appointment and whether any actions he takes will withstand legal scrutiny. Senator Mike Johanns (NE) stated, “If we accept the premise of your validity in this position, . . . then we accept the premise that our ability to offer advice and consent basically disappears, because the President can determine when we're in recess and not in recess, and just appoint whoever.”

We will continue to keep you informed as we work with Congress on this issue.

Latest in
Constitution

ACLJ Files Brief to Protect Election Process

By Jay Sekulow1480725790977

Just days ago we told you about the efforts being made to undermine the American election system with challenges being raised in Wisconsin, Pennsylvania, and Michigan. We told you about our letter to the Pennsylvania election officials urging them to ensure that local law is meticulously followed.

read more

Fighting for Election Integrity

By Jay Sekulow1480449638790

The United States Constitution has provided the fundamental framework for free and fair elections that have allowed peaceful transitions of power for all the world to see how truly exceptional America is. Now, in the aftermath of the 2016 election, leftist agitators are pulling out every trick in...

read more

We Must Not Follow in the Footsteps...

By Nicole Smith1457734516425

The craze a presidential election cycle creates often makes it difficult to keep sight of what our Founding Fathers intended for us as citizens of this United States of America. When the political-rapidness begins to sweep over me – before it fully envelopes my whole being - I try to take a step...

read more

Election: Don't Overlook the Bureaucracy

By Jay Sekulow1454452784878

With the political season in high gear, it is clear Americans are concerned about the top issues like terrorism and the economy. And with the focus now squarely on the presidential race, it’s important to remember there’s another issue that demands the attention of all Americans – a burgeoning...

read more