President Unconstitutionally Usurping Congress’ Powers
President Obama, faced with an inability to get the legislation he desires from Congress, has said “we can’t wait” and is proceeding to do things of questionable constitutional and legal authority.
This “can’t wait” activity violates the “separation of powers” by which the Constitution makes the Legislative, Executive and Judicial branches of government independent and secure from encroachment by another branch of government.
The Constitution provides (Article II Section 2) the President “shall nominate, and by and with the advice and consent of the Senate shall appoint … other offices of the United States, whose appointments are not herein otherwise provided for.
The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.”
The President made Unconstitutional “recess” appointments when the Senate was not in recess.
The President took the oath prescribed in the Constitution (Article II Section 1):
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States; and will, to the best of my ability, preserve, protect and defend, the Constitution of the United States.”
Do his “recess” appointments in violation of the Constitution justify impeachment?