That has potentially changed the meaning of the Recess Appointment Clause of the Constitution, which has affected the way the Senate and the President interact.

NLRB v. Noel Canning dealt specifically with Noel Canning, a Pepsi distributor affected by a ruling of the National Labor Relations Board, and it had potential implications on the executive branch's power to appoint officials without Senate approval.

The NLRB had found that Noel Canning refused to execute a collective bargaining agreement with a labor union, allegedly in violation of federal law.

Noel Canning appealed the board's ruling to the United States Court of Appeals for the District of Columbia Circuit claiming that three of its five members were invalidly appointed, leaving the board without a quorum of lawfully appointed members.

Thomas Jefferson admitted that the clause is subject to two constructions, and the Court argued that a narrow interpretation risks undermining powers granted by the Constitution.

While it agreed with the conclusion the Court reached, the concurrence chastises the majority opinion for ensuring "that recess appointments will remain a powerful weapon in the President's arsenal. ...

Minority Leader Mitch McConnell agreed with the ruling: "The President made an unprecedented power grab by placing political allies at a powerful federal agency while the Senate was meeting regularly and without even bothering to wait for its advice and consent.