On Wednesday, January 4, 2012, President Barack Obama used recess appointments to fill three vacant seats on the National Labor Relations Board ( http://www.reuters.com/article/2012/01/04/us-obama-labor-appointments-idUSTRE80321B20120104). Democrats Sharon Block and Richard Griffin and Republican Terence Flynn were the appointees. These appointments were preceded by the Presidents appointing of Richard Cordray as the director of the Consumer Financial Protection Bureau {CFPB} (http://www.nationaljournal.com/obama-to-appoint-cordray-as-head-of-consumer-bureau-20120104)

The U.S. Chamber of Commerce immediately issued a press release condemning the appointments: “‘This Controversial Appointment is Unprecedented, Constitutionally Questionable, and Puts the Authority of the Director and the Validity of the Bureau’s Work in Legal Jeopardy,’ Says U.S. Chamber of Commerce President and CEO Thomas J. Donohue (http://www.uschamber.com/press/releases/2012/january/us-chamber-condemns-unprecedented-recess-appointment-cfpb-director)

President Obama contends that Article II, Section 2, Clause 3 of the Constitution grants him the power to make the above-stated appointments.  The Article does grant the President the ability to “fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.”  Ed O Keefe provides a thorough examination of recess appointments (http://www.washingtonpost.com/blogs/federal-eye/post/what-is-a-recess-appointment/2012/01/04/gIQAA4WCbP_blog.html).

In spite of the President’s claim that the appointments are granted by the constitution, constitutional scholars beg to differ. In one report by the National Right To Work Committee, (http://www.nrtwc.org/obama-nlrb-actions-unconstitutional/) Professors John Yoo and Richard Epstein, writing separately, both concluded that, under Article II, section 2, the President may make temporary recess appointments, but only when the Senate is in recess.  The concluded:  “Add in Article I, section 5 (http://www.law.cornell.edu/constitution/articlei), and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient.”

It is my earnest opinion that The National Labor Relations Board (NLRB) is merely a lobbying arm for labor unions. The unofficial objective of the NLRB has seemingly been to pervert labor laws to the benefit of unions (i.e., Davis Bacon Act/Prevailing Wage, and Project Labor Agreements), at the expense of the rule of law. President Barack Obamas recess appointments were a calculated insurance policy.

President Obama’s apparent intention is to position both the NLRB and CFPB, beyond his probable exit from office, to maintain their ability to successfully manipulate big government politicians to enable their ability to execute unauthorized and unlawful abuses of their regulatory power as executive agencies.

Jimmy Greene, CEO and President of the Saginaw Valley Associated, Builders and Contractors (http://www.abcsvc.org/About_Us/ABC_Staff.aspx), offers a compelling outlook regarding the Presidents NLRB appointments: The president’s decision to ignore the Constitution and decades of established precedent is an overt political act that is beyond the pale as far as we at ABC are concerned. Under his administration, the NLRB has been transformed from a neutral arbiter of labor law disputes into an activist organization that promotes the special interests of politically powerful unions. This proves beyond any crystal ball required what the next 4 years will look like under an Obama administration. This is simply a minimal look at what is to come.

In the final analysis, fellow Americans, President Obamas appointments serve as not only a bold disregard of the powers granted to Congress, but also serve as notice of his unending commitment to undermining the constitutional principles of free enterprise, open and fair competition. Through these NLRB appointments, President Obama has assured that, at least until 2013, the NLRB is equipped to wage warfare against all who oppose unfair labor practices, forced unionism, and economic exploitation of the American taxpayers.