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| Tennessee state line at the Cumberland Gap |
On Friday, a ruling by a federal court of appeals panel confirmed the worst of what many of us in the Senate have warned about the overreach of President Obama's administration: The court ruled that President Obama violated the Constitution when he used his recess power to appoint three individuals to the National Labor Relations Board (NLRB) in January 2012.The third recess appointment resigned last summer.
After the ruling, NLRB chairman Mark Gaston Pearce issued a statement saying, in effect, the board is open for business. But the board should take down its "Open for Business” sign and replace it with one that says: “Help Wanted: Accepting Nominations."
As ranking member of the Senate committee with jurisdiction over the NLRB, I am calling on Sharon Block and Richard F. Griffin Jr. to resign immediately. The court's decision means that none of the 219 decisions in which they have participated is valid — and no decision they make in the future will be valid.
In slipping through these so-called “recess” appointments, the president's administration attempted to skirt a constitutionally required step: seeking "the advice and consent of the Senate" for executive and judicial nominations as outlined in Article 2, Section 2, of the Constitution.
As for Obama, he may want to read Alexander Hamilton's Federalist 67, which covers recess appointments.
Oh, I forgot, Obama used to teach constitutional law.
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