OLC Supports Bill Johnson’s Investigation of President’s Cordray and NLRB Appointments
From an Ohio Liberty Council email:
FOR IMMEDIATE RELEASE – Thursday, January 5, 2012
OHIO LIBERTY COUNCIL SUPPORTS OHIO CONGRESSMAN BILL JOHNSON’S LEGAL INVESTIGATION OF PRESIDENT’S ACTIONS
Columbus, Ohio – The Ohio Liberty Council announced this evening that its members support Ohio Congressman Bill Johnson’s legal investigation into President Obama’s actions in appointing Richard Cordray and three members of the NLRB Board this week. In a brief statement OLC President Tom Zawistowski said, “We applaud Congressman Johnson for taking a leadership role and doing his duty to protect and defend the Constitution. Our members and all liberty minded citizens demand that all of our elected officials follow the Constitution and if they do not, then they must be removed from office. We will do everything in our power to support Congressman Johnson’s efforts and those of any elected officials who take action to stop the President from shredding the Constitution and assuming powers that are not explicitly granted to him by the citizens of the United States.”
In a television interview on Fox Business with Neil Cavuto this evening, Johnson said that he would undertake a legal investigation beginning on Friday morning and would file suit against the President if necessary to stop these actions. Toward the end of the interview, host Neil Cavuto suggested that if the Congressman could make the case, the President’s action this week could be an impeachable offense. Video of the interview is available at this link:
The Ohio Liberty Council is a council of leaders whose purpose is to unite conservative grassroots organizations for greater effectiveness in the state and nation, and to provide resources for member organizations to strengthen their groups. The OLC currently has over 75 liberty-minded groups across Ohio who are members of its coalition.
It should be a short investigation. The appointments clearly violate the Constitution, as several scholars have indicated, including Roger Pilon at Cato (bio; links are in original):
All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever.
Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out.
This is a bad-faith, authoritarian president who is using the distraction of the GOP primaries to see how far he can stretch his “powers.” We’ll be seeing this for at least the next 381 days, especially if there isn’t enough staunch resistance right now. Heaven help us if it’s another four years beyond that.
Cordray isn’t off the hook either. He can read, and as an attorney and former state Attorney General he should (i.e., really does) know that what President Obama has just done is a cynical and unconstitutional gambit. He should have refused to be appointed under the conditions presented.
Three items in Ann Coulter’s 








