Calling the president’s illegal non-recess appointments “an escalation in a pattern of contempt for the elected representatives of the American people,” Sen. Chuck Grassley (R-IA), ranking Republican on the Judiciary Committee, dismissed a Justice Department memo on Thursday that sought to lend retroactive constitutional weight to the president’s move. Grassley hinted at Senate “action to check and balance” the president’s power grab, though he declined to go into specifics. The DOJ Office of Legal Counsel’s memo, also debunked by Heritage’s Todd Gaziano, claims that pro forma Senate sessions do not …
The Obama Administration’s 23-page Office of Legal Counsel (OLC) opinion rationalizing illegal appointments the President made last week, released this morning, falls far short of its intended goal. The opinion makes claims that are demonstrably false and is at times, frankly, embarrassing. Apart from failing to prove that President Obama’s unprecedented act was constitutional, the opinion also raises further questions about the legal advice process and the competence of those involved. The opinion, dealing with the President’s illegal appointments to the National Labor Relations Board (NLRB) and Consumer Financial Protection …
Today the U.S. Supreme Court issued a unanimous decision that resoundingly affirms the freedom of religious groups to choose their own ministers. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC involved a lawsuit brought by an employee against a church-operated school. The employee alleged that her employment was terminated in violation of a federal anti-discrimination law. The question in this case was “whether the Establishment and Free Exercise Clauses of the First Amendment bar such an action when the employer is a religious group and the employee is one of …
A very big development in the ballot access lawsuit filed in federal court in Virginia by Texas Governor Rick Perry and joined by Newt Gingrich, Rich Santorum, and Jon Huntsman. Judge John Gibney just filed a five-page order in which he states that there is a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional. The authorities make clear that circulating petitions for candidates is a form of protected speech, and that the Commonwealth has a heavy burden to justify the restriction on …
Last week, President Barack Obama took the latest step on his road toward an arrogant, new authoritarianism with four illegal appointments that entirely trampled on the Constitution’s requirements. More troubling still, the President chose to shred the Constitution all in the name of serving his Big Labor agenda while killing jobs in the process. The President’s actions once again gave voice to his animating view of governing: doing so is much easier when one isn’t constrained by the Constitution and its checks and balances. “We can’t wait,” the President exclaimed …
Today the Supreme Court will hear oral argument in Sackett v. EPA, one of the most important property rights cases to reach the Court in recent history. The case involves a complicated statutory scheme created by the Clean Water Act (CWA), which (as relevant here) is enforced by the EPA. In brief, the CWA seeks to protect the “navigable waters of the United States” against pollution. What makes this case interesting and entertaining (at least for observers) is that the EPA has interpreted the term “navigable waters” to include in …
Mike and Chantell Sackett just wanted to build their dream home in the Idaho panhandle. Instead, they’re headed to the U.S. Supreme Court in a long-running dispute with the Environmental Protection Agency, which claims their property is wetlands. The case is among the most watched before the court this year. Justices will hear the Sacketts’ case Monday. At issue is whether citizens like the Sacketts have recourse to challenge the EPA’s actions in a court of law. Lower courts have said they don’t, but Supreme Court justices want to settle …
President Obama thinks he merely stretched his powers under the Constitution in making so-called recess appointments for three members of the National Labor Relations Board (NLRB) and the Director of the Consumer Financial Protection Bureau (CFPB). Former U.S. Attorney General Edwin Meese III and counsel Todd Gaziano made clear in their Washington Post editorial of January 6, 2012, that the President violated the Constitution with the purported appointments. The President takes an oath before God to preserve, protect and defend the Constitution of the United States. Most Presidents, before they …
Defenders of President Obama’s unprecedented “recess” appointments of Richard Cordray to the new Consumer Financial Protection Bureau and three members to the National Labor Relations Board argue that the Constitution is vague on when Congress is in session and that the President can therefore take a “functionalist” approach that considers whether the Senate is available to vote on nominations. Yet even the President doesn’t buy that argument. Proof is that on December 23, President Obama signed a two-month extension of the payroll tax cut. He said that Congress passed the …
Standing behind a podium on a stage just outside Cleveland, President Barack Obama delivered a speech yesterday that will reverberate throughout history. No, its lasting impact will not come because of its soaring rhetoric. Instead, it will make its mark because it was at that moment on a Wednesday afternoon in Ohio that the President announced his plans to act in total and utter disregard of the U.S. Constitution with his illegal appointment of Richard Cordray to serve as director of the Consumer Financial Protection Bureau (CFPB). It’s an astonishingly …
