in defense of the Constitution, I stand against an action taken recently by our Chief Executive. President Obama's January 4, 2012, appointments to the Consumer Financial Protection Bureau and to the National Labor Relations Board are different in kind than previous recess appointments made by Presidents of the United States made by both political parties. These four appointments are unconstitutional because they did not, as required by article II, section 2, receive the ``advice and consent'' of the Senate, even though such advice and consent was necessary under the circumstances. President Obama has asserted that the appointments are constitutional under the recess appointments clause. That clause provides that the President may ``fill up all Vacancies that may happen during the Recess of the Senate.'' That clause does not apply here, however, because the Senate was not in recess when President Obama made the appointments in question. In making these appointments, the President did not state that he believes an intrasession adjournment of less than 3 days constitutes a recess, and there can be little dispute that such a brief adjournment as occurred between January 3, 2012, when the second session of the 112th Congress officially began, and January 6, 2012, when the next pro forma session of the Senate occurred, does not, in fact, constitute a recess for purposes of the recess appointments clause.…
On the recordJanuary 26, 2012
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