House Judiciary Committee Chairman Lamar Smith has set February 15 for the full committee to consider the constitutionality of recent appointments made by the Obama Administration.  Among these was Richard Cordray as Director of the Consumer Financial Protection Bureau and three individuals appointed to the National Labor Relations Board.

Smith noted  the President may make appointments while the Senate is in recess. However these appointments were made while the Senate was not in recess—something no other president has before attempted.

"The President cannot unilaterally decide to rush through ‘recess appointments’ while the Senate is not in recess," Smith said. "Doing so threatens the separation of powers that is fundamental to our Constitution and sets a dangerous precedent for future administrations that want to avoid transparency and the constitutional role of the Senate to vote on certain nominations."