A move by President Obama to get one of his nominees past a Senate roadblock is raising Constitutional questions.  Is Congress in session?  Can they prevent the move without being in Washington?

FOX News Radio White House Correspondent Mike Majchrowitz reports from the West Wing:

In a direct challenge to Senate Republicans, President Obama used a recess appointment to place Richard Cordray as head of the new Consumer Financial Protection Bureau.  The President saying the step is necessary because of a Republican filibuster.

(Obama) "I'm not gonna stand by while a minority in the Senate puts party ideology ahead of the people that we were elected to serve."

But Republicans note, technically, the Senate is not in recess.  Louisiana Senator David Vitter questions whether this is Constitutional.

(Vitter) "I am afraid President Obama is just tossing rules to the side because they are inconvenient for him."

And Republicans note Democrats are now disavowing the very same tactic they employed against George W. Bush nominees.

At the White House, Mike Majchrowitz, FOX News Radio.