House Speaker John Boehner (R-OH) issued the following statement after President Obama made an unprecedented recess appointment without Senate consent and without Congress being adjourned.
“This is an extraordinary and entirely unprecedented power grab by President Obama that defies centuries of practice and the legal advice of his own Justice Department. The precedent that would be set by this cavalier action would have a devastating effect on the checks and balances that are enshrined in our constitution.
“This position had not been filled for one reason: the agency it heads is bad for jobs and bad for the economy. It’s clear the President would rather trample our system of separation of powers than work with Republicans to move the country forward. This action goes beyond the President’s authority, and I expect the courts will find the appointment to be illegitimate.”
NOTE: The U.S. Constitution stipulates that the House and Senate cannot adjourn for longer than three days without the consent of the other body – agreed to by a concurrent adjournment resolution. Neither chamber has passed an adjournment resolution, and instead have both been holding pro-forma sessions every three days. The House and Democratic-controlled Senate were in session yesterday, and will be again on Friday. In line with decades of congressional practices, the Department of Justice has found that Congress must be in recess more than three days before a President can make an intra-session recess appointment.