AFA of PA ACTION ALERT
January 11, 2012
President Obama’s “Recess Appointments”
One week ago today President Obama announced the “recess appointment” of not one, but FOUR nominees to controversial boards — former Democratic Ohio Attorney General Richard Cordray to serve as the director of the new Consumer Financial Protection Bureau (CFPB) and three (two Democrats and one Republican) to the National Labor Relations Board (NLRB). The two new Democrats on the NLRB were just nominated in mid-December and have never been vetted by the Senate! Click here to listen to my Two Minute Weekly Update for more information.
Last week when the President made the two announcements — one for the CFPB and the other for NLRB appointments — the Republican leadership expressed disbelief and concern, but we haven’t heard anything since! What does the Constitution say about what happened last Wednesday?
Article II, Section 2 says, “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.”
Was the Senate even adjourned?
Article 1, Section 5 says, “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.”
The House had not given the Senate ‘consent’ to adjourn and they were still holding pro-forma sessions. Thus, the Senate was not legally adjourned.
Contact your Congressman and remind him or her what the Constitution says and ask what Congress plans to do. Click here for contact information.