Friday, January 6, 2012

Even Obama Agrees that the Senate Was Not in Recess

Defenders of President Obama’s unprecedented “recess” appointments of Richard Cordray to the new Consumer Financial Protection Bureau and three members to the National Labor Relations Board argue that the Constitution is vague on when Congress is in session and that the President can therefore take a “functionalist” approach that considers whether the Senate is available to vote on nominations.

Yet even the President doesn’t buy that argument.

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