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Senators Join Challenge of Constitutionality of 'Recess' Appointments

Statement

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Date:
Location: Unknown

In January, President Obama made an unprecedented decision to install Richard Cordray as the director of the new Consumer Financial Protection Board and three members to the National Labor Relations Board without Senate confirmation.

At the time, the Senate was in regular proceedings called pro forma sessions. However, the President claimed the Senate was in recess. By altering the definition of recess, the President violated hundreds of years of Senate precedent. Appointing these federal officers without Senate approval violates the Constitution. To fight this executive overreach, I joined my colleagues in filing a court brief challenging these recess appointments. Our friend-of-the-court brief argues that the President's appointments are unconstitutional overreach of presidential power.

Our Founding Fathers established a system of checks-and-balances to preserve our democracy. The President systematically overturned this balance with his recent power grab. When I took the oath of office to represent the State of Arkansas, I also swore that I would protect the Constitution. Joining my fellow Senators in challenging the President's actions is part of my continued commitment to uphold the Constitution.


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