Constitutional Scholar: White House Entirely Ignoring Article 1, Section 5

Jessica Yellen says the President could've done made the appointment when the Congress was truly in recess without opposition but has instead chosen to play politics:

John C. Eastman, a professor at Chapman University School of Law who is an expert on the constitutional separation of powers, says that the White House simply ignored the section of the Constitution, which governs when Congress can adjourn, when President Obama claimed to use the "recess" appointment power on Wednesday to name a director to the Consumer Finance Protection Bureau and three members to the National Labor Relations Board.

Eastman says that under the terms of the Constitution Congress was not in recess this week, it was in session.

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