President Obama’s “recess” appointments to the National Labor Relations Board were ruled unconstitutional yesterday by a three-judge panel from the federal Court of Appeals for the DC Circuit.
The case is a major blow to Obama’s labor-friendly NLRB, and it reins in an executive power that Obama was using to pervert the intent of the Founders.
Under the Constitution, the president can bypass the Senate’s advise-and-consent role only when it is in recess. But a day after the session began last year, Obama nonetheless named three members to the NLRB without hearings — claiming the body was technically in recess because senators weren’t physically in the chamber.
That was illegal: Just because the president says it’s Monday doesn’t make it so. Similarly, he cannot decide by fiat when the Senate is out of session — that violates the government’s vital separation of powers.