On Wednesday, January 4th, President Barack H. Obama said, “The American people deserve to have qualified public servants fighting for them every day … We can’t wait to act to strengthen the economy and restore security for our middle class and those trying to get in it, and that’s why I am proud to appoint these fine individuals to get to work for the American people.” With that statement, Obama announced recess appointments to the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau.
The problem is that the U.S. Senate was not in recess, and had in fact passed a two-month extension of the payroll-tax holiday during period that the President claimed was a Senatorial recess. Therefore, he no constitutional authority to make any recess appointments. Obama trampled over the “separations of powers” and bypassed the U.S. Senate’s “advice and consent” regarding these appointments creating a constitutional crisis and another NLRB quagmire.







