Will Obama Make Like Teddy Roosevelt and Make a Recess Appointment to the Consumer Financial Protection Bureau in the “Constructive” Split Second Between Senate Sessions?

With Republicans promising to filibuster the confirmation vote of Richard Cordray to head the newly-formed CFPB, speculation is rising about whether Obama might use the holiday recess to appoint him without Senate confirmation.  Republicans might try to keep the Senate in at least pro-forma session to prevent such a move, but with the first session of Congress coming to an official close this winter, Obama might make a claim like Teddy Roosevelt did in 1903 that there has to be a “constructive” split-second recess in between the two sessions of Congress during which he can make a recess appointment.  More about this historical event in Chapter Three of The Odd Clauses and about how the issue might resurface soon here, in this piece on Daily Kos.

More on this developing story here in Huff Po and in the Nation.  Looks like we might have a big odd clauses controversy coming up in the next month!


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