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  • recess appointment

    Supreme Court Takes Up Recess Appointments

    This morning marks the official start of the Supreme Court’s 2013–2014 term. One of the cases the Court will decide is National Labor Relations Board v. Noel Canning, which involves a clash between the President and the Senate over recess appointments. At the end of 2011, the Senate exercised its … More

    Third Time’s a Charm? Another Federal Appellate Court Smacks Down Obama Recess Appointments

    This week, the U.S. Court of Appeals for the Fourth Circuit invalidated the National Labor Relations Board’s (NLRB) unfair labor practice decisions against two companies based on President Obama’s illegal recess appointments in violation of the Recess Appointments Clause. This is the third appellate court to consider the issue—and President … More

    Another Obama Recess Appointment Smacked Down

    Today, the U.S. Court of Appeals for the Third Circuit vacated a decision of the National Labor Relations Board (NLRB) on the basis that board member Craig Becker had been appointed in violation of the Constitution. In a 2–1 decision, Judge D. Brooks Smith determined that Becker’s appointment on March … More

    States and Organizations Fight to Preserve Liberty from Dodd-Frank Act Intrusions

    The states of Michigan, Oklahoma, and South Carolina have sued the Obama Administration in the U.S. District Court for the District of Columbia over provisions of the Dodd-Frank Act that allow the government to seize financial institutions. Several private organizations joined in the legal complaint, to challenge also the constitutionality … More

    Harry Reid Threatens to Back 90 More Unconstitutional Appointments

    Livid at delays in the confirmation process for 90 of the president’s nominations, Senate Majority Leader Harry Reid (D-NV) said on Friday that he would encourage President Obama to make even more unconstitutional non-recess appointments if Republicans did not accede to his demands. “Virtually every one of these nominees could … More

    Liberals Scramble to Avoid Talking About the Constitution

    President Obama has been accused of violating the Constitution with two high-profile decisions over the last month. Polling and reactions from elected officials reveal an important truth: the Constitution is a winning political issue – Americans respect it and want their leaders to adhere to it. Most recently, the administration … More

    House Committee Examines Obama's Unconstitutional Appointments

    President Obama’s illegal non-recess appointments are unconstitutional and defy the process the Founding Fathers intended, Sen. Mike Lee (R-UT) told a House committee Wednesday. The House Oversight and Government Reform Committee invited a handful of constitutional law experts to discuss the four controversial appointments Obama made in January. Citing delays … More

    Grassley Not Buying DOJ's Non-Recess Appointment Apologia

    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 … More

    Illegally Appointed NLRB Official Helped Block Reform at Corrupt Union

    One of the officials President Obama illegally appointed to the National Labor Relations Board advanced policies in his position at a major labor union that hindered efforts to reform corrupt union locals. Incoming NLRB member Richard Griffin, formerly the general counsel for the International Union of Operating Engineers, pushed a … More

    NLRB to Host 'Meet and Greet' For Illegally Appointed Officials

    U.S. senators never got a chance to question or vote on President Obama’s illegal appointees to the National Labor Relations Board. Now that they’ve been installed at the board, however, senators and their staff will at least have the chance to meet the individuals they were prevented from properly vetting. … More