Washington, D.C. – On Friday, Congressman Michael C. Burgess, M.D. (TX-26), Vice Chair of the House Energy and Commerce Committee’s Subcommittee on Health and Chairman of the Congressional Health Care Caucus, and 97 Members of Congress sent a letter to President Obama regarding his recent recess appointments.

“President Obama continues to use unprecedented power,” said Dr. Burgess. “While President Obama is authorized to make recess appointments under the Constitution, the Senate was not formally in recess, and his recent appointments were a stunning misuse of power and an attempt to overrule the Senate’s earlier judgment. This administration continues to over-extend its executive power to bypass the people’s representatives.”

In the letter to President Obama, the Members of Congress state that the appointments, “establish a dangerous precedent that threatens the confirmation process and our system of checks and balances embedded in the Constitution.”  In addition the members say that they are “committed to undoing the damage these appointments have done to our republic and expect that these appointments will be determined to be unconstitutional and invalidated by both the courts and the American people.”

To view a copy of the letter that was sent click here. Text of the letter to President Obama:


 The Honorable Barack Obama
The President
The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500-0005

Dear Mr. President:

As members of the United States House of Representatives who have taken an oath to support and defend the Constitution, we write to express our strong objection to the recent appointments of Richard Cordray as Director of the Consumer Financial Protection Bureau (CFPB) and three individuals to the National Labor Relations Board (NRLB).

The recess appointments clause of the Constitution is an important aspect of the President’s appointment powers designed to keep the continuous operation of government during periods in which the Senate is not in session and is unable to perform its advice and consent function.  In direct violation of the Constitution, these appointments were made at a time in which the Senate stood in pro forma session and was not in recess.  This unprecedented and blatant attempt to diminish legislative power effectively erases the advice and consent clause from the Constitution and imperils the checks on executive power that the Founders thought necessary to prevent the emergence of a tyrant.

The appointment of Mr. Cordray is especially egregious.  On December 8, 2011, the Senate rejected a motion to invoke cloture on Mr. Cordray’s nomination.  The recess appointment of Mr. Cordray is clearly an attempt to override the judgment of the Senate and circumvent its constitutional role.

Furthermore, the CFPB is to be funded by the Federal Reserve, is insulated from congressional oversight, and can potentially affect almost every facet of American business.  By preventing the Senate from engaging in an honest and open questioning of Mr. Cordray, the American people have been robbed of the last and only check on a nearly unaccountable yet extremely powerful position.

These appointments establish a dangerous precedent that threatens the confirmation process and our system of checks and balances embedded in the Constitution.  We stand committed to undoing the damage these appointments have done to our republic and expect that these appointments will be determined to be unconstitutional and invalidated by both the courts and the American people.