Heidi Alexander: “this week the Senate is voting on five of the President's nominations for membership on the National Labor Relations…”

“this week the Senate is voting on five of the President's nominations for membership on the National Labor Relations Board. I expect all five to receive up-or-down votes, as they generally do, and I expect all five to be confirmed. The Board will then have a full complement, with a Democratic majority of three and two Republican members. I would like to review for a moment what has happened and how we got to this spot because it is an important moment in the history of our ability as a country to maintain the checks and balances and certain separations of power among the various branches of government and especially to restrain the Executive, which has been an important part of our country's history. In January 2012 the President nominated two individuals to be members of the National Labor Relations Board using his recess-appointment power. He has that power in the Constitution. The only problem was that the Senate wasn't in recess--at least that was our view. The Senate was in a 3-day pro forma session. A 3-day pro forma session is a device that was employed by Senator Reid, the distinguished majority leader, when Bush was President, and he did it to keep President Bush from using his recess-appointment power when the Senate was in recess. Most of our Presidents have chafed under the restraints we have placed upon our Executive.…”