Senator Mike Lee formally responded to the PresidentвЂ™s unconstitutional recess appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau.В In a statement delivered at a Judiciary Committee business meeting, Lee outlined the unconstitutional nature of the appointments and criticized the justification offered by the Justice Department’s Office of Legal Counsel. Click here for video.
вЂњPresident Obama used deeply flawed legal reasoning to circumvent the ConstitutionвЂ™s clear requirement that the Senate must be in recess in order to make such appointments,вЂќ said Sen. Lee. вЂњThe PresidentвЂ™s assertion that he may unilaterally determine for himself whether or not the Senate is in recess violates the ConstitutionвЂ™s fundamental separation of government powers and the Senate’s rightful prerogatives.”
вЂњAlthough some Senate Democrats claim prior вЂobstruction’ of nominees during this Congress, in reality Senate Republicans have willingly allowed the overwhelming majority of the PresidentвЂ™s nominations to pass through the Judiciary Committee with little controversy and receive an up or down vote on the floor.”
“Given this PresidentвЂ™s blatant and egregious disregard both for proper constitutional procedures and the SenateвЂ™s unquestioned role in such appointments, I find myself duty-bound to resist the consideration and approval of additional nominations until the President takes steps to remedy the situation.В Regardless of the precise course I choose to pursue, the President certainly will not continue to enjoy my nearly complete cooperation, unless and until he rescinds his unconstitutional recess appointments.”