Kibitzer Wrote:
Feb 01, 2013 11:45 AM
The recess appointment power was provided because the Congress was envisioned as a part time body at time that the Constitution was written, and it was at that time seen as inappropriate, given the infrastructure of the time, for the Senate to be brought into session for the sole purpose of confirming appointees to each position that might become vacant throughout the time the Senate was not in session (on recess). The positions on the NLRB became vacant while the Senate was in session; thus, they are clearly outside of the provisions of Article II, Section 2 of the U.S. Constitution. Accordingly, the appointments were indeed unconstitutional.