Appointments made by President Barack Obama this week without Congressional approval are in violation of the U.S. Constitution and should be subject to federal lawsuit if not withdrawn and resubmitted as nominationsthrough regular order, according to House Republican Conference Secretary John Carter (TX-31).
"The Constitution is clear, and the Administration admits, that Senate approval is necessary for these appointments as long as the Senate is not in recess," says Carter. "The Senate says it is not in recess, while the President is incredibly refusing to acknowledge their official status. These appointments are not legal, and should not be funded until the constitutional process has been fulfilled. I urge the President to submit these nominations to the Senate immediately to comply with his oath of office to uphold the Constitution of the United States."
Obama this week claimed the Senate was in recess while it remains open in pro forma session, and appointed Richard Cordray as Director of the new Consumer Financial Protection Bureau. The President also appointed three new members to the controversial National Labor Relations Board.