President Obama often treats the Constitution as, at best, an annoyance.
When the Senate’s power to advise and consent to nominations (Article II, Section 2) was likely to derail appointments Obama wanted to make to the National Labor Relations Board, he used his power (provided by the same section of the Constitution) to make recess appointments to put his people on that board.
But the Senate was not in recess according to its own rules and according to the Constitution, which states (Article I, Section 5) that neither house may adjourn for more than three days without the consent of the other. No such consent had been sought or received.
Read more: http://www.american.com/archive/2012/december/debt-and-the-constitution
When the Senate’s power to advise and consent to nominations (Article II, Section 2) was likely to derail appointments Obama wanted to make to the National Labor Relations Board, he used his power (provided by the same section of the Constitution) to make recess appointments to put his people on that board.
But the Senate was not in recess according to its own rules and according to the Constitution, which states (Article I, Section 5) that neither house may adjourn for more than three days without the consent of the other. No such consent had been sought or received.
Read more: http://www.american.com/archive/2012/december/debt-and-the-constitution
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