Washington, Jan 18 -
Mr. Speaker, the United States Constitution is the law of the land
It must be followed in the spirit and in the letter of the law.
Article II, in Section 2, gives the Executive authority to appoint certain public ministers with Advice and Consent of the U.S. Senate.
When the Senate is in recess, the Executive can make temporary appointments until the end of legislative session.
See, the Constitution envisions cooperation by the Executive with the Senate over naming persons to offices that rule over the people of America.
Both the Executive and the Senate must agree prior to an official appointment.
The Senate ñ- within their legal prerogative -- has been blocking three NLRB appointments, and the appointment of head of new Consumer Financial Protection Bureau.
However, ignoring the Senate, the Executive appointed these people anyway. He declared the Senate was in recess when he made such appointments.
But was it?
Well, constitutional experts disagree. The Senate was in a Pro Forma Session. One reason they were in Pro Forma Session was to prevent recess appointments.
During Pro Forma Sessions, the Senate can do business, and meet the Consitutional requirements to not recess without permission of the House of Representatives.
More from the Constitution.
Article I, section 5 says no chamber (House-Senate) can recess for more than three days without approval of the other chamber.
The House did not and even could not agree to a recess of the Senate -- because the Senate was in session ñ not in a recess.