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Profiteers, lobbyists do not have power to block Elizabeth Warren appointment — It's up to the President, so let him know

, Director of Public Citizens's Congress Watch division explains in a recent article that the special interests that seek to block financial protection for American families are not the "deciders" after all.  That's good, because it would be much closer to the intention of our Constitution, and much better for the American people if important decisions that greatly impact our lives were made by elected officials who are accountable to the People; not the Profiteers.  

Arkush writes:

If you're following the story of whether President Obama will nominate Elizabeth Warren to head the Consumer Financial Protection Bureau (CFPB), you've probably heard that the Republicans found a way to block even a recess appointment. It turns out that's mistaken.

Media outlets have reported that the Republicans, despite being the minority party in the Senate, can block not only Senate confirmation by the Democratic majority (using the standard filibuster), but also a recess appointment -- by stopping the Senate from adjourning. How can the minority party stop the Senate from taking a break? Press accounts haven't explained or elaborated on the point, except to report that apparently it's the House -- meaning Speaker Boehner -- that can hold the Senate open. That doesn't explain much.

Here's the rule:

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

That's Article I, section 5, clause 4 of the U.S. Constitution. You have to hand it to the House Republicans. They read the Constitution.

But they may not have read the whole thing. A little bit later -- in the very same Constitution -- is this passage on presidential powers:

[The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

That's Article II, section 3, clause 3 (the emphasis is mine, not the founders'). Yes, you read it correctly. If the Senate wants to adjourn and the House won't permit it, the President can adjourn both houses of Congress. That would be a fitting end to the House meddling in nominations -- a power the Constitution expressly assigns to the President and the Senate, not the House.

Dear Mr. President, nominate Elizabeth Warren

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