Last year, during a recess while Congress was still in session, President Obama appointed three members to the National Labor Relations Board (NLRB). While it is Constitutional for a President to make recess appointments during a inter-cession recess, these appointments were made during a intra-session recess. It may sound like a minor detail, but it's not. These appointments to the NRLB, which enforce employee and employer rights, don’t fall under that category. Whoops.