MEMO FOR THE MOVEMENT: Obama “Recess” appointments Unwarranted, Unnecessary and Unconstitutional

MEMO FOR THE MOVEMENT

Obama “Recess” appointments Unwarranted, Unnecessary and Unconstitutional

RE: On January 4, President Obama purported to appoint three individuals to be members of the National Labor Relations Board (NLRB) (two of whom were only nominated two weeks before and had not even completed the necessary questionnaire required by Senate) and one person to head the Consumer Financial Protection Bureau (CFPB). All of these positions require confirmation by the U.S. Senate.

ISSUE-IN-BRIEF: The Constitution allows the President to make “recess Appointments—bypassing the Senate under only one circumstance: “The President shall have power to fill up all vacancies that may happen during the recess of the Senate.” But the Senate did not adjourn its session and still had officers to receive nominations from the President. Again, the Constitution is very clear on this point: “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.” In December the House did not consent to the Senate taking a recess.

There are three objections to what are basically illegal appointments by President Obama:

1. The Senate was not in “recess” as required by the Constitution and therefore the President lacked the authority to make “recess” appointments. The President cannot require Congress to act on his priorities—the Constitution established the principle of separation of powers as an important check and balance on the federal government.

2. This contempt for the Constitution by the President demonstrates a pattern of disregard for the Constitutional responsibility that accompanies the oath of office. Earlier in his administration the President decided he would not defend the Defense of Marriage Act—even though it was passed by bi-partisan majorities and signed by President Clinton in 1996. The endless use of appointing “Czars” to direct cabinet departments and thusly also circumventing the Senate confirmation process has been questioned by members of both political parties.

3. If President Obama would disregard the Constitution’s “advise and consent” clause as he sees fit prior to an election—imagine what he would do if he happened to be re-elected and would not face the voters again. By making these illegal “recess” appointments the President is saying he can appointment any person, at any time, to any position he chooses without the advice & consent of the Senate.

The President’s ends do not justify the means. Legal challenges as well as Congressional Review of these illegal “recess” appointments are proceeding in the courts and on Capitol Hill and should continue.

Edwin MeeseIII, former Attorney General

William Wilson, President, Americans for Limited Government

Gary Bauer, President, American Values

Thomas Fitton, President, Judicial Watch

Tony Perkins, President, Family Research Council

Colin Hanna, President, Let Freedom Ring

Duane Parde, President, National TaxpayersUnion

Kay R. Daly, President, Coalition for a Fair Judiciary

Brent Bozell. President, ForAmerica

Phillip Jauregui, President, Judicial Action Group

Grover Norquist, President, Americans for Tax Reform

Phyllis Schlafly, President, Eagle Forum