US Senate Committee on Health, Education, Labor, & Pensions

Enzi: President Abandons Constitution's Advice and Consent Mandate

NLRB Recess Appointments Show Contempt for Small Businesses

Wednesday, January 04, 2012Joe Brenckle 202-224-2465

WASHINGTON, D.C. – Senator Mike Enzi (R-Wyo.), Ranking Member on the Senate Health, Education, Labor and Pensions (HELP) Committee, said he was extremely disappointed to see President Obama recess appoint new members to the National Labor Relations Board (NLRB) and avoid the Constitutionally mandated Senate confirmation process. Two of the three nominees were submitted to the Senate on December 15 and the Senate adjourned for the year on December 16, which provided the Senate with only one day to consider and review these nominations. To date, neither of the Democrat nominees has filed the required committee application.  Among other things, the vetting process includes a background check, which addresses whether taxes are paid and if the nominee is facing any pending civil or criminal investigations. This also ensures that there are no conflicts-of-interest before being confirmed for the position.

“Once again this Administration has shown its contempt for America’s small businesses,” said Senator Enzi.  “The president has ignored the Senate’s confirmation and vetting process, ensuring that our struggling economy will soon be faced with two additional bureaucrats who will shackle America’s employers with new onerous regulations.  Just look at the most recent actions by the NLRB.”

The Appointments Clause of the U.S. Constitution reads:

The President shall 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.

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