The four positions that Obama filled with recess appointments are important and powerful jobs that should require Senate confirmation. Obama's actions should be struck down by the courts as unconstitutional when presented with legal challenges, and Speaker John Boehner, R-Ohio, is considering whether the House should pursue its own legal action.
The National Federation of Independent Business, the National Right to Work Foundation and the Coalition for a Democratic Workplace have already filed a lawsuit challenging Obama's so-called recess appointments. These organizations argue that the men illegally appointed by Obama should not be permitted to issue regulations or take other regulatory actions.
When we had Republican presidents, the Democrats were very solicitous to prevent them from abusing the power to make recess appointments. The late Sen. Edward Kennedy, D-Mass., filed an amicus brief in 2004 with the 11th U.S. Circuit Court of Appeals opposing President George W. Bush's appointment of Judge William Pryor Jr. to that court.
Kennedy's brief stated that the 10-day recess the Senate took for President's Day was not a recess sufficient to qualify under the Recess Appointments Clause in the Constitution.
Mark Levin summed up the Obama administration when he told CNSNews, "I believe to a great extent we now live in a post-constitutional country, where much of the Constitution is ignored or evaded." It's no wonder Gallup reports that the majority of Americans believe our country is moving in the wrong direction.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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