From the Duh! files:
A federal appeals court has ruled that President Barack Obama violated the Constitution when he bypassed the Senate to fill vacancies on a labor relations panel.
The contested nominees, including Sharon Block and Richard Griffin, were appointed last January along with Richard Cordray as Director of the Consumer Financial Protection Bureau. The nominations were made without the “advice and consent” of the Senate, as prescribed by the Constitution in Article II, Section II:
[The President] shall have power, by and with the advice and consent of the Senate, to… nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.
The administration, however, argued that the NLRB appointments were valid under the president’s powers to take such actions when the Senate is in recess. The problem: The Senate was not actually in “recess”at the time.