President Obama, vaunted Constitutional scholar, is more than happy to wantonly violate the Constitution when it suits him. Obama is brazenly making "recess appointments" when the Senate is quite simply not in a recess.
Below is the Constitutional clause which grants the President the power to make appointments,
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Here's what the Constitition plainly says on the matter.
“Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days.”
This seems pretty basic to me. The Senate cannot adjourn for more than 3 days without an ajournment resolution being agreed upon by both the House and Senate. Both congressional chambers have been meeting every 3 days and no such resolution has been agreed upon, therefore the Senate is in session, not in recess, no matter how much Dictator Obama believes otherwise. The House did not give any such consent, therefore the Senate is not at recess. End of story. Hell, Obama's own administration said as much as early as last year.
The shorter version of Obama's position is "I don't like what you Republican's are doing, so I'm just going to ignore the Constitution and pretend the Senate is in recess so I can do what I want." Obama seems to think he gets to unilaterally decide when the Senate is in recess and when it isn't.
Also, if Obama believes he can make recess appointments inside of a 3 day window whenever he "feels" the Senate isn't in session what's to stop him from proclaiming every single weekend a "recess" and making his appointments then? What a narcissistic, arrogant little brat this President is.
In addition to the Constitutional issue, Obama has another problem with making a recess appointment to the CFPB. The Dodd-Frank bill which created the new agency states that the Director has to be confirmed by the Senate. A recess appointment is not a Senate confirmation.
In typical narcissistic fashion Obama says "I refuse to take no for an answer!." I suggest he get good and used to it.