From RedState‘s Erick Erickson:
You need to call Speaker Boehner’s office right now at 202-225-0600 and thank him for the extraordinary step he took this week to slow down President Obama’s radical agenda.
With the Obama legislative agenda stalled, the left has turned its attention toward using the Executive power to accomplish their socialist goals. The key to this strategy is to the pack agencies, boards, and commissions such as the National Labor Relations Board and the Consumer Financial Protection Bureau, with leftists like Craig Becker and Elizabeth Warren who will advance the collectivist agenda, regardless of whether there is any legal authority to do so.
The Senate has blocked several of the more radical nominees, but under the Constitution, President Obama has the power to appoint them during a Congressional recess.
Republican Senators warned Obama not to use his recess powers to appoint Becker to the NLRB. He did it anyhow. Becker didn’t disappoint, leading the NLRB to accuse Boeing of violating workers rights by opening a plant in South Carlolina.
Observers expect him to appoint leftists to the Obamacare Independent Payment Advisory Board, they expect him to appoint liberal Peter Diamond to the Federal Reserve Board, along with Warren, Becker, and a host of other leftwing radicals. He can even recess appoint Federal judges to rubber stamp his agenda until the end of the Congress.
Obama needs two things in order to do this – (1) a pen (or, I suppose, an autopen), and a (2) a Senate recess. The Constitution is unclear how long a recess is required. Most constitutional scholars say ten days is the minimum. However, there is almost universal agreement among scholars that a recess of less than three days does not trigger the recess appointment power. In 2007, Reid held “pro-forma” Senate sessions every three days, which successfully prevented Bush from making recess appointments.
Which brings us to another provision in the Constitution. Article 1, Section 5 says “Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days[.]”. This means that without the consent of the Republican-controlled House of Representatives, the Senate cannot adjourn for more than three days, and thus President Obama cannot make any recess appointments.
On Wednesday, 20 Senators led by David Vitter and Jim DeMint wrote a letter to Speaker Boehner asking him to use his authority under Article 1, Section 5 to block the recess appointments.
On Friday, the Examiner reported that Speaker Boehner did not pass a resolution giving the Senate permission to adjourn. Therefore, as he did in 2007, Harry Reid will convene pro-forma sessions today, on Tuesday May 31, and on Friday June 3rd, in order to block his own President from doing recess appointments.
Reid was forced to do this because of the leadership of Speaker Boehner. We must thank our Speaker.
Call Speaker Boehner at 202-225-0600 and thank him for his leadership.
Tell him to continue to refuse to allow the Senate to adjourn for the remainder of the Obama Presidency.