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January 04, 2012
No Seriously Obama's Gone Full-Rogue Unconstitional
Drew covered this earlier, but I don't see the harm in noting it again.
But since unconstitutionally appointing Richard Cordray this morning, he's gone ahead and illegally purported to appoint three people to the NLRB.
David Fredoso discusses the illegality here.
Obama claiming that he can decide for Congress when it is and is not in recess is pretty much the same as Congress deciding if Obama has or has not signed a law.
It's not "just a formality" when a branch of government exercises its actual legal rights and responsibilities.
Yes, this is a political dispute. Of course it is. But the Constitution specifies that these recess appointments -- afterthoughts, really -- can be made: During a declared recess of Congress.