Obama's Recess Appointment Sparks Showdown

[Bri]

Whether or not this power can be used is a moot point, as Obama did not step in to resolve a disagreement on the adjournment of Congress, nor did he adjourn them himself.

What would constitute a presidential adjournment of Congress? The Constitution doesn't say what it would look like -- only that the president can do so. It could be argued that by making the appointments, he was effectively declaring Congress adjourned.

Also, I'm unaware of any legal challenges being made to those appointments, so the question of constitutionality is unaddressed.

It's likely that any challenge will come from someone who can claim damages, such as a payday lender who is affected by rules established by the Consumer Protection Agency who might challenge the legitimacy of the agency's director, and therefore the authority of the agency to establish such rules.

-Bri