The Constitution Wins and President Obama Loses
Washington DC - National Center for Public Policy Research Chairman Amy Ridenour has the following statement regarding the Supreme Court's decision today in NLRB v. Canning:
NLRB v. Canning is in an important case for the separation of powers, as it tested the constitutionality of President Obama's effort to steal power from the legislative branch in the matter of making important federal appointments.
The President claimed he has the authority to decide when the Senate is in recess, and to make recess appointments when he determines the Senate is in recess, even if the Senate disagrees.
President Obama sought to overcome the Senate's authority to decide for itself whether it is in recess because the President wanted to block the Senate's Constitutional authority of "advise and consent" over particularly significant appointees. However, the Recess Appointments Clause of the Constitution is designed to allow the President to make temporary appointments when the Senate is in genuine recess -- a particularly critical issue in the 18th century, when Senators could not travel quickly back to Washington to help the President fill a critical vacancy.
Nothing in the Constitution gives the President extra powers if the Senate is not inclined to confirm his nominees.
President Obama was trying to use his recess appointments power not to overcome the fact that the Senate was out of town and unavailable to confirm his nominees, but to overcome the fact that the Senate did not approve of his nominees, and was not intending to confirm them. As the Constitution gives no power to the President to bypass Senate opposition to his nominees, the President's actions were improper, and the Court was right to strike them down.
NLRB v. Canning is an important case for the protection of the Constitution during an Administration that has been particularly shameless about seizing powers belonging to the other branches of government. Fortunately, in NRLB v. Canning, the Constitution won.
Ridenour has debated the Canning case on national radio with Democratic Strategist Robert Weiner and is the author of "Should U.S. Supreme Court Strike Down the Executive Branch's Poaching of Recess Appointment Authority from Senate?"
The National Center for Public Policy Research, founded in 1982, is a non-partisan, free-market, independent conservative think-tank. Ninety-four percent of its support comes from individuals, three percent from foundations, and three percent from corporations. It receives over 350,000 individual contributions a year from over 96,000 active recent contributors.
Pet Care | Real Estate | Restaurants | Tech | View All | * Add/Upgrade Business
Placer County News HeadlinesSierra College Patrons Installation MeetingRocklin CA, -- The Sierra College Patrons, a support group of the Sierra College Foundation, invites those interested in becoming members of the organization
Roseville Fuel Duel Keeps Prices in CheckRoseville, CA- Although gas prices in Roseville may inched up slightly this past week, the ongoing duel between Costco and Sam's Club continues to benefit their members.
New FEMA Flood Maps: Roseville, Rocklin Meetings SetSome Placer residents can look forward to lower flood insurance premiums now that the Federal Emergency Management Agency has issued new draft flood maps for the region
$2 Million Grant for Sierra College Pilot ProgramRocklin, CA -- Sierra College has received a two-year, $2 million state grant to expand its highly successful partnership among regional high schools, community colleges
Buick Cascada: Stylish and Fun-loving ConvertibleRoseville, CA- The 2016 Buick Cascada is a stylish, compact soft-top convertible that has many strong qualities.
South Yuba River State Park: Summer CooldownSouth Yuba River State Park provides a scenic adventure and summer escape with pricing that's hard to beat.
Estate Planning Workshop in Granite Bay June 2Roseville, CA- Come out for an informative seminar with Bill Walker to learn how about smart estate planning on Thursday, June 2, 2016.
Roseville Ride: Miner's Ravine Trail Roseville, CA- A great place to go solo or bring the family, Miner's Ravine Trail offers a great escape for those looking to get away without the hassle or cost of a more time consuming adventure.
3 Arrested in West Roseville Vehicle TheftsRoseville, CA- Kevin Patrick McFarland, Maksim Mishchenko, and Stanislav M. Taran, were arrested on suspicion of stealing from numerous vehicles in Roseville.
Downtown Woodland: Unexpected TreasureWoodland, CA- On a recent Sunday afternoon, I grabbed my wife and headed off on a rather short drive to Woodland to catch an afternoon show at the Blue Note Brewing Company.
Roseville Flash Crime Report (5.23.16)Roseville police crime report digest update for May 23, 2016.
Local Team Wins Spirit CUP at SMUD Solar RegattaRocklin, CA- The Sierra College Solar Energy program Team competed last Saturday May 14th in the Northern California SMUD Solar Regatta
NEWS: In Case You Missed It