NLRB “Recess” Appointments as Insidious as Cordray Appointment

We know that President Obama’s recent “recess” appointments don’t pass the smell test, but the outrage has primarily been focused on his appointment of Richard Cordray to lead the Consumer Financial Protection Board (CFPB). While this is an egregious abuse of power, more scrutiny should be lent to the “recess” appointments of three members to serve on the National Labor Relations Board (NLRB).

This whole exercise begs the question: did President Obama appoint Cordray first in order to draw the ire of his critics, so that he could do his true bidding of appointing the members of the NLRB? For what it is worth, some observers think so:

“While much of the press attention focused on the President’s announcement of Cordray, little attention was paid to the NLRB nominees. There is some debate in the Capitol over whether Cordray’s announcement was in fact cover for the NLRB appointments. Unlike Cordray, the NLRB nominees were only sent to the Senate on December 15 – leaving the Senate no time to hold a hearing or consider the nominations prior to leaving for the holidays. However, the NLRB would not have had a quorum to approve new regulations and the President’s action gave it the necessary authority – at least until the first legal challenge.”

President Obama “recess” appointed two of these three members before the Senate even had a chance to review them for their positions. Two of the members never turned in the required paperwork to the Senate committee which handles the nominations. President Obama pre-empted the Senate by unilaterally deciding to not follow the Constitution.

Whether or not Senate Republicans would have “obstructed” the nominees doesn’t matter because the President had no right to appoint these members in this manner. In fact, doing so without any kind of vetting process required by the Constitution undermines the entire crux of President Obama’s Cordray appointment. But no one is picking up on that because appointing Richard Cordray seemed more outrageous due to the fact that the CFPB itself is under scrutiny.  Remember, within the new agency, Mr. Cordray will become a “super bureaucrat” because of its unchecked regulatory powers.

We cannot let up the pressure on the Cordray appointment, but we cannot let the NLRB appointees to take a backseat, either. This could be an olive branch to labor unions, since recently President Obama has been shunning them in favor of environmentalists. No matter what the reason, Americans should be weary of a President who acts with complete disregard to our Constitution.

Learn More About these Insidious Nominations

CEO Michael Needham’s statement on the nomination.

Why the Cordray nomination was a clear abuse of power.

The Heritage Foundation’s Morning Bell outlines Obama’s Arrogant Authoritarianism.

Please Share Your Thoughts

27 thoughts on “NLRB “Recess” Appointments as Insidious as Cordray Appointment

  1. What does “so that he could do his true bidding” mean in the second paragraph? The context lends the sense that you intend “so that he could accomplish his true aims.” But the word bidding doesn’t work for that here. It means a command given to someone else.

  2. Wh have elected the representatives of the two houses to protect our constitution. Why do organizations such as Heritage Action of Amerca have to get involved to have these representatives do their job? These pansies has to get of thier backsides and do what our taxes are paying them to do. Why should we have to contribute to various groups like this one to get congress to work. November 2012 is also also critical to these pansies. They may have to pack their bags and get on the two black buses along with Obama.and go home.

    • 1. Many of the members of congress do not do their job. For as long as the country has existed, there have been private organizations and citizens who have informed the public.
      2. Unfortunately – much of the MSM either does not report such items in depth. Typically information is a sound-bite and nothing more; that means that concerned citizens need to do their own homework; dig for the facts and find out what is really happening behind the scenes, which brings me to point 3…
      3. Too few American citizens actually take the time to ‘fact check’ or learn what is really happening and exactly how government is structured and how it is supposed to operate – according to our constitution; parliamentary / political process; etc.
      These organizations are ABSOLUTELY necessary.

      • I didn’t mean to say that these organizations are not necessry. What I am saying is that they should not be necessary, but I do realize that we are not living in s utopian world. Your comments are very relevant Thank you..

  3. Is it any surprise the paperwork wasn’t completed? The same person who MADE the Appointments is in office with a fraudulent Birth Certificate, and no one in power is doing anything about it… so why should it surprise anyone that these Appointments occured?

  4. The President and all members of Congress take an oath to uphold the Constitution.
    The Supreme Court Justices have a duty to make decisions based on the Constitution.
    If our elected officers are making unConsitutional rules, regulations. laws, appointment, etc. it is the responsibility of the people and our respresentative to challenge the unConsitutional actions.
    We the People need to make our message clear, keep our conviction strong and make our voices heard – WE WANT OUR CONSTITUTION UPHELD AS WRITTEN.
    Our best weapon for the preservation of our liberties is our VOTE.
    Support the candidates who believe in our CONSTITUTION and the dream of our fore-fathers.

  5. I didn’t write this one, but I wish I had.
    The day the Democrats took over was not January 22nd 2009, it was actually January 3rd 2007, the day the Democrats took over the House of Representatives and the Senate, at the very start of the 110th Congress.
    The Democratic Party controlled a majority in both chambers for the first time since the end of the 103rd Congress in 1995 For those who are listening to the liberals propagating the fallacy that everything is “Bush’s Fault”, think about this:
    January 3rd, 2007, the day the Democrats took over the Senate and the Congress:
    The DOW Jones closed at 12,621.77
    The GDP for the previous quarter was 3.5%
    The Unemployment rate was 4.6%
    George Bush’s Economic policies SET A RECORD of 52 STRAIGHT MONTHS of JOB CREATION!
    By the way GWB had Nothing to do with the GM bailout MR. Obama did all of that not GW!!!!!!!!!
    Remember that day…
    January 3rd, 2007 was the day that Barney Frank took over the House Financial Services Committee and Chris Dodd took over the Senate Banking Committee.
    The economic meltdown that happened 15 months later was in what part of the economy?
    THANK YOU DEMOCRATS (especially Barney ) for taking us from 13,000 DOW, 3.5 GDP and 4.6% Unemployment…to this CRISIS by (among MANY other things) dumping 5-6 TRILLION Dollars of toxic loans on the economy from YOUR Fannie Mae and Freddie Mac FIASCOES!
    (BTW: Bush asked Congress 17 times to stop Fannie & Freddie – starting in 2001 because it was financially risky for the US economy). Barney blocked it and called it a “Chicken Little Philosophy” (and the sky did fall!)
    And who took the THIRD highest pay-off from Fannie Mae AND Freddie Mac? OBAMA
    And who fought against reform of Fannie and Freddie?
    OBAMA and the Democrat Congress, especially BARNEY!!!!
    So when someone tries to blame Bush…
    Bush may have been in the car but the Democrats were in charge of the gas pedal and steering wheel they were driving the economy into the ditch. Budgets do not come from the White House. They come from Congress and the party that controlled Congress since January 2007 is the Democratic Party.
    Furthermore, the Democrats controlled the budget process for 2008 & 2009 as well as 2010 & 2011.
    In that first year, they had to contend with George Bush, which caused them to compromise on spending, when Bush somewhat belatedly got tough on spending increases.
    For 2009 though, Nancy Pelosi & Harry Reid bypassed George Bush entirely, passing continuing resolutions to keep government running until Barack Obama could take office. At that time, they passed a massive omnibus spending bill to complete the 2009 budget.
    And where was Barack Obama during this time? He was a member of that very Congress that passed all of these massive spending bills, and he signed the omnibus bill as President to complete 2009. Let’s remember what the deficits looked like during that period:
    If the Democrats inherited any deficit, it was the 2007 deficit, the last of the Republican budgets. That deficit was the lowest in five years, and the fourth straight decline in deficit spending. After that, Democrats in Congress took control of spending, and that includes Barack Obama, who voted for the budgets.
    If Obama inherited anything, he inherited it from himself.
    In a nutshell, what Obama is saying is “I inherited a deficit that I voted for, And then I voted to expand that deficit four-fold since January 20th.”
    There is no way this will be widely publicized, unless each of us sends it on!
    “The problems we face today exist because the people who work for a living are outnumbered by those who vote for a living.”
    That my friends constitutes socialism…a welfare state.

  6. If Newt Gingrich or Mitt Romney get the Republican (GOP) nomination to run for
    president of my United States of America, I will be voting for the Constitution Party
    candidate – whom ever that might be. I would NEVER vote for Barrack Obama for president of the United States of America!

    God Bless,

    A Christian Since My Baptism in 1949
    A Man Married to the Same Woman for 38 Years
    A United States Citizen from Birth
    A Veteran of the USMC
    A United States Taxpayer for 46 Years
    A Father Since 1979 and a Grandfather Since 2007
    A Conservative Who Believes in the Original Constitution of the United States of America.

  7. This and other acts committed by this President should rise the question of impeachment. But who in congress has the courage to press it?

  8. people wake up,we have a chance to get a new president in office,vote for the best one,don,t vote for someone that does not care about our constition,not to mention he does not like the bible which our founding fathers loved.get real vote for freedom,don,t let anyone kid you,our freedom is disappearing fast,fight,or loose your freedom.what is wrong with you,don,t you love your country like i do. give me freedom or give me death.

  9. It is time for our elected officials in CONGRESS put a STOP to this man , THAT IS IF YOU STILL WANT TO CALL HIM THAT !!! He obviously has broken more than one law, AND not only HIM but Congress is ignoring the UNITED STATES CONSTITUTION ! THUS IGNORING
    their oath that they all took! THIS is the same oath that all of us VETERANS ( active,E.a.s,or retired) have taken ! Once that THE OATH is TAKEN it is NEVER TAKEN OFF of US !! ” IT IS FOR LIFE, IT IS TILL DEATH , IT IS FOR FREEDOM !!! And during the time of war these charges should also include ” CHARGE OF TYRANNY AN TREASON ” And PUNISHMENT
    THERE of ” DEATH ” !!!!!

    Ronald Barbus ( U.S.M.C. )

  10. Nomobama knows that he would not be convicted by the senate if the house impeaches him as the senate is now constituted. So he can continue to make his own laws, ignoring the constitution. As someone said’ he is not legal’ anyway.

  11. Given all * His Holiness President Barry*, has done so far why would anyone capable of rational thought even entertain the notion he upholds the Constitution?
    The only supporters he can conceivably have would violate all the laws he already has, and more. From not upholding immigration laws as written, to Fast and Furious, to insulting SCOTUS at the first State of the Union address, to not following bankruptcy laws, during the Auto bailouts, there is something to insult almost anyone who really gives a Rat’s Behind about law and order.
    It is up to all who value our Constitution and “….for which it stands”, to get up one more time and get to it.
    Will you say after this is past, you did all You could? Did you leave it better than You found it? Will you avoid a mIrror, or welcome the sight of your own visage?
    WHAT SAY YOU????

  12. Good to see this discussion happening. We need to keep Congress accountable to defending and supporting the Constitution. Look for an email and action alert from Heritage Action along these lines soon.

  13. I like many other members of Heritage Action am very, very angry the way our President is just ignoring the Constitution as if it never existed. That brings me to the point: Where is the “Loyal Opposition”? I have not read or heard anything definitive and proactive from the Speaker of the House or our Senate Minority Leader.
    Are these two gentlemen trying to emulate and support Obama by their silence and leading from the rear?

  14. It may be an idea the NLRB be confiscated by the Congress and abolished. The way to do so is to investigate this agency, which it has a right to do, and review its mandate and see whether what it is doing serves the public or only unions. If it is only serving the interests of unions, and this new board this president appointed leans toward it, congress should investigate to see to it it is representing the general public. If not, it has a constitutional mandate to fix it.

  15. Appreciations to Heritage Action for keeping an eye on this sort of thing. I think we have to accept the fact that a coup is going on, of the constitutional republic, by a renegade government – including the so-called Opposition. Let’s face it: the Republican Party was complicit in Obama not being vetted properly during his candidacy for his Party’s nomination. This whole miserable situation, of unconstitutional shenanigans, could have been pre-empted right then and there, if the Republican Party hierarchy had wanted to. They were called off. Why. Could it be for the same reason that a number of bills stripping the public of their civil liberties were signed into law by Obama’s predecessor in the highest office in the land??

    This is a coup, by a cabal of heavy hitters, and the sooner the public wakes up to the fact that their country is being taken over before their very eyes, the better.

  16. Congress has abdicated its’ responsibility under the Constituion, which provides for
    impeachment of the President for unconstitutional actions.; President Obama has already
    committed several unconstitutional actions (Solyndra, granting amnesty to illegal aliens,
    producing a forged birth certificate,plus these latest unlawful “recess” appointments,
    when Congress was NOT in recess.Itis time for the House Judicial Committee to start
    impeachment hearings.

  17. It’s a well known fact that Obama and his administration are acting unconstitutionally.

    It begs the question:


    • protest against it, raise awareness among friends family and co-workers and as many people as possible. we must act in unison for our voice to be heard.
      For liberty and the Constitution
      Ron paul 2012

  18. I have become speechless as to the conduct of this country. Those of us who care still seem to be powerless to stop Obama and get rid of those (there are many) in Congress who are willing to stand by and do nothing. I mostly pray these days, because maybe the Lord will guide us in finding the right path before it is too late.

  19. Congress is too busy trying not to look Racist. Instead of doing what they took a Oath to do. Protect and Defend the Constitution. They are complicit in the crimes of the Obama Administration. It’s not Racist, to see a person that is commiting a crime and doing what is necessary to stop it, in this case (Impeachment). We are getting closer to what is going on in Greece, violent protest. But that’s what the Wanta be Dick tator want’s. So he can declare Martrial Law and suspend election’s. Watch the History of the Socialist take over of Germany. There is the same kind of brain washing going on Divide the people, take control of every part of the economy. Energy, Production, Banking, Houseing. Then take total control and set up a Dick tator. Insane Husain Oboama.

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