The New Imperial Presidency

by Pejman Yousefzadeh on January 4, 2012

Let there be no mistake; Barack Obama has the constitutional authority to give Richard Cordray a recess appointment to head the Consumer Financial Protection Bureau. But let there be no mistake about the following as well; when George W. Bush gave out recess appointments, Democrats screamed bloody murder, and various bien-pensant types muttered darkly about an imperial presidency, and the dark night of fascism settling upon America.

We won’t be hearing much from those groups in the aftermath of the Cordray recess appointment, since as always, it’s only an imperial presidency when the other side’s guy or gal is the president.

IMMEDIATE UPDATE: I may have written too soon; it appears that the Senate remained in pro forma session, which may mean that the constitutionality of this recess appointment may not be as cut and dried as I thought that it was.

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