Press Releases

(Evansville, IN) – Congressman Larry Bucshon (IN-08) released the following comment upon cosponsoring Rep. Diane Black’s (TN-06) resolution disapproving of President Obama’s appointments while Congress was not in recess.

Congressman Bucshon (IN-08) states:

              “I am proud to cosponsor this sensible resolution that points out President Obama’s disregard for the Constitution.  Neither chamber of Congress, a coequal branch of government with the Executive Branch, has passed a resolution of adjournment, yet the President ignored this fact and usurped Congress’ authority.  Even the President’s administration has previously stated, before the Supreme Court, that a recess must be longer than three days before making appointments.  Ignoring the rules of the Congress, decades of precedence, and the Constitution is reprehensible.  I will continue vigorous oversight of the National Labor Relations Board through my Education and the Workforce Committee assignment.”

Background:

H.Res. 509 states, “Disapproving of the President's appointment of four officers or employees of the United States during a period when no recess of the Congress for a period of more than three days was authorized by concurrent resolution and expressing the sense of the House of Representatives that those appointments were made in violation of the Constitution.”

On January 4, 2012, President Obama made three appointments to the National Labor Relations Board and one appointment to the Consumer Financial Protection Bureau.

In 2007, Senate Majority Leader Harry Reid used pro forma sessions to prevent President Bush from making recess appointments.

Congressman Bucshon signed a letter on January 12, 2012 to President Obama from the Committee on Education & the Workforce expressing their opposition to the appointments to the National Labor Relations Board.  It can be read here.  In addition, Congressman Bucshon signed a letter by Rep. Scott Garrett on January 6, 2012 to President Obama objecting to all of the appointments made on January 4, 2012.

In 2010, Deputy Solicitor General Neal Katyal explained to the Supreme Court the Obama administration’s view that recess appointments are only permissible when Congress is in recess for more than three days.  The transcript can be read in full by clicking here.  Below is a brief exchange with Chief Justice John Roberts found on page 50. 

CHIEF JUSTICE ROBERTS: And the recess appointment power doesn't work why?

MR. KATYAL: The -- the recess appointment power can work in -- in a recess. I think our office has opined the recess has to be longer than 3 days. And -- and so, it is potentially available to avert the future crisis that -- that could -- that could take place with respect to the board. If there are no other questions –

CHIEF JUSTICE ROBERTS: Thank you, counsel.
 

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