Obama’s sham constitutionalism

In a brazen display of the arrogance for which President Obama is so rightly infamous, his unprecedented “recess appointments” yesterday of Richard Cordray to head the new Consumer Financial Protection Bureau (CFPB) and of three others to serve on the National Labor Relations Board are not only unconstitutional, since the Senate is not presently in recess, but, in the case of Cordray, legally futile under the plain language of the Dodd-Frank Act that created the CFPB — a point too little noticed by media accounts of the move.

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