Civics 101 taught American children that our government was set up with checks and balances. Congress and the President are co equals in power. Perhaps they didn't teach that in Kenya. I'm joking! But our current President doesn't seem to appreciate the fact that he can't just do things his way. He became the first President to threaten to sidestep Congress in his State Of The Union Address according to Brown University Professor Wendy Schiller when he said;
“If Congress won’t act soon to protect future generations, I will. I will direct my Cabinet to come up with executive actions we can take, now and in the future.” That was over gun legislation.
Then he attempted to sidestep Congress again in 2011 he said
“So after trying for months to work with Congress on education, we decided to take matters into our own hands, because our future is at stake. Our children deserve action. And we can’t wait for Congress any longer.” That was over his desire to expand Head Start.
Are you detecting a pattern? Overreach is such a pattern for this administration there's a book by that title!
This year two appeal courts have informed the President that he overeached one more time with his appointments to the National Labor Relations Board. The President thought he had found a loophole to get around dealing with Congress by appointing people when the Congress is in recess. After all Both Clinton and Bush appointed over 100 people each while the Congress was in recess. The courts needed to define for this President what the definition of recess is.
Presidential recess appointment power is limited to breaks between sessions of Congress, not breaks within sessions or other adjournments during which the Senate might meet in pro forma sessions.
In other words you can't just do what you want because it's the weekend or 3 in the morning. The Senate was in session January 3rd and 6th 2012. The President made his appointments on January 4th. See how that's not really a recess? The President then not so cleverly declared that he had decided the Senate was not in session on those 2 days. He went on to say they had been on a 20 day recess. Huh? This has all of the sophistication of your kid explaining why he went with his friends family to Chuck E. Cheese without asking you first. "I called but you guys weren't home". "We've been home all night". "Ummmm no you weren't". If we could strap the dunce hat on him and make him write on the board we would. But at this point all we can do is file a petition with the Supreme Court to get the President to do what he is constitutionally required to do.