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Congressman Berg replies to my recess appointment letter

A few weeks ago President Obama made four recess appointments while the Senate was still in pro forma session.  This unconstitutional act by the president prompted me to take action and contact Congressman Berg.  You can read the letter I sent him here>>  Today I receive his reply to my letter.  Below is his reply in its entirety.  Please take a few moments to read it.

Dear John,

Thank you or contacting me about the President Obama’s recent appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board.  I appreciate hearing from you on this important matter.

Like you, I was dismayed by the President’s shameless disregard for historical precedent when he appointed Richard Cordray as the director of the Consumer Financial Protection Bureau along with three new members to the National Labor Relations Board on January 4, 2012.  Precedent calls for the House and Senate to be out of session for at least three days in order for a recess appointment to be made, however, the Senate was in pro forma session on January 3, 2012.

These appointments represent an extreme abuse of the President’s power.  Instead of moving towards accountability, the President took the unprecedented step of making these appointments when the Senate was not officially in recess and when the Senate had previously rejected the nomination of Mr. Cordray.  The appointments made by the President Obama were clearly an attempt to override the judgment of the Senate and evade its constitutional role in the appointment process.

You may be interested to know that I joined more than 60 of my colleagues in sending a letter to the President expressing my disapproval of the dangerous precedent he established, threatening the confirmation process and our systems of checks and balances embedded in the Constitution.  Furthermore, I have also cosponsored H. Res 509 a resolution along with more than 70 of my colleagues that would disapprove of the president’s actions and would express the sense of the House that the president misused his authority in making the four recent recess appointments.

Rest assured I share your concerns and as the 112th Congress approaches the start of the 2nd session, I will continue to monitor this situation very carefully.

Again, thank you for contacting me on this very important issue.  It is an honor to represent North Dakota in Congress, and I never forget that I work for you and the people of our great state.  If you have any additional thoughts or concerns, please don’t hesitate to contact me at my Fargo, Bismarck, or Washington D.C. office.


Rick Berg

Member of Congress

I understand that this reply was more than likely written by one of his a staffers, however it doesn’t matter to me.  Reestablishing our Constitution as the law of the land should be a top priority for all liberty loving people and it must start now.  We have a responsibility to stand up and defend our Constitution against those who would undermine it.  If it means writing a 1,000 like letters to my representative when the President or congress violates it, then so be it.  Liberty and freedom is worth fighting for.  Let me know your thoughts.

Liberty forever, freedom for all!


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  • Infidel de Manahatta January 26, 2012 at 6:16 AM

    Well at least you got a response which is good. If I wrote my congressman here in Manhattan he’d probably put me on an FBI watch list for dangerous teabaggers.
    Infidel de Manahatta recently posted..Stop, Drop and Roll! (What to do in the Event of a Liberal Outbreak)My Profile

  • Silverfiddle January 26, 2012 at 7:14 AM

    From what I’ve read, whoever the first person is who is aggrieved by a NLRB decision will file a lawsuit challenging the constitutionality of Obama’s actions, and even some of his lawyer fans say he is on shaky ground.
    Silverfiddle recently posted..Democrats Follow Soviet ModelMy Profile

  • Bunkerville January 26, 2012 at 9:21 AM

    At least someone read your letter. More than I can say for Senator Toomey. It took him two months to get back to me with a two pager that meant Zero on the SOPA bill that he supported. But then he never read the bill either.
    Bunkerville recently posted..Newt Gingrich: Government can control diet & exerciseMy Profile

    • John Carey January 26, 2012 at 10:13 PM

      The differences between both parties continues to become blurred Bunker. Take SOPA for instance. SOPA is a liberty stealing bill under the guise of copyright protection that has bipartisan support. NDAA had bipartisan support and this is an act that authorizes the indefinite detainment of American citizens. There is a huge difference between conservatives and Republicans.
      John Carey recently posted..Congressman Berg replies to my recess appointment letterMy Profile

  • John Galt January 26, 2012 at 10:05 AM

    Well done, John.

    Although the actions of your good Representative are commendable, it would take more than 60-70 of his colleges to have Obama change his course. Eventually the issue will go away from the short retention span of the public, and Obama would have won.

    I would suggest something on the line of a well organized public campaign coupled with action inside the legal system. Suits filed against this action of the President would need to stay in the public eye as they move through the court system. The aim would be to have them reach either of the two last procedural steps just before November 2012. If by those actions it can be made into a campaign issue, we would have accomplished something, regardless of the legal dénouement.
    John Galt recently posted..The Hypocrisy of The Tax Debate: Romney’s Real Tax Rate Is 55%.My Profile

    • John Carey January 26, 2012 at 10:22 PM

      My fear is this to shall pass with very little push back from the congress. Just the other night he flaunted his appointment of Cordray during his state of the union speech. The more we the people stay unengaged in the process, the more they will attempt to undermine our constitution. The House is the direct representative of the people. This is why I wrote Berg. I believe the best way for congress to express their disapproval is through the power of the purse. Both agencies should be defunded immediately.
      John Carey recently posted..Congressman Berg replies to my recess appointment letterMy Profile

  • Steve Dennis January 26, 2012 at 7:23 PM

    Great response from your Rep! It’s good to know that we still have people in the House standing up for us.
    Steve Dennis recently posted..Solargate: Another “green energy” company which received stimulus money files for bankruptcyMy Profile

  • Country Thinker January 27, 2012 at 10:20 AM

    Excellent work! Too bad he isn’t considering a lawsuit to compel these nominees to go through the nomination process. A judge could easily grant an order compelling these folks to go through the process. Or perhaps a little civil disobedience by telling people to ignore their mandates?
    Country Thinker recently posted..At the End of the Tunnel—January 27, 2012My Profile

    • John Carey January 28, 2012 at 2:46 PM

      I know what you mean. It appears because the President is on such shaky ground with this someone could easily file a lawsuit against these appoints. It surprise me no one has. I guess they either want the power to use when a Republican retakes the WH or they are using it for political reasons. I’m not sure. People are not really paying attention to it anymore.
      John Carey recently posted..How will history judge this generation if we let our republic slip away?My Profile

  • Teresa January 27, 2012 at 9:21 PM

    John, don’t you know that Americans are prohibited from learning the Constitution (sarcasm). It is our obligation to act like robots and drink the kool-aid. That’s what both progressives and the GOP establishment want us to do. It is so important that we know about the principles which are instilled in the Constitution. Congress better start getting the message that it is their responsibility to follow the Constitution and to keep a check on the president’s powers so he doesn’t abuse those powers.

    • John Carey January 28, 2012 at 2:49 PM

      Unfortunately it’s all about power and ambitious politicians want more of it. This is why many of them don’t care, because now that the President has set this precedent they will use it in the future ignoring the constitution. The people and the republic will suffer for it Teresa.
      John Carey recently posted..How will history judge this generation if we let our republic slip away?My Profile

  • Matt January 28, 2012 at 9:00 AM

    That was encouraging. You did get a response. I guess we’ll all have to wait and see what happens.
    Matt recently posted..Decoding the Leftist Narrative: We’re not Successful Just by OurselvesMy Profile