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 HeadlinesRocklin Burglary Suspect Killed by PoliceRocklin, CA- This morning February 25th, 2017 at 10:01 AM, The Rocklin Police Department responded to a residential burglary in progress on the 4900 block of Bradford Place
Roseville Police Activity Weekly Update (2.23.17)The City of Roseville police activity weekly update for the period covering February 17-23, 2017
Fine Forgiveness at Sacramento Public LibrarySacramento Public Library is waiving all overdue book and material fines through Wednesday, March 15 as part of its new Fine Forgiveness promotion
Public Meeting: Sierra Joint Consortium for Adult Education(AUBURN, CA) The public is invited to attend the Sierra Joint Consortium for Adult Education (SJCAE) public meeting on March 15, 2017,
Seniors First Represents Capital Region in National Campaign(Auburn, CA) - Surprisingly to some, individuals age 60 and older in our area continue to experience an increasing rate of hunger.
20 Year Upgrade Project for Northstar Ski ResortAUBURN, Calif. -- The Placer County Board of Supervisors on Tuesday approved a series of actions to guide upgrades and improvements to the Northstar California ski resort
Real Estate Watch: Home Seller's Market Roseville, CA - Realtor, Julie Jalone of MagnumOne Realty in Roseville, is asking why more homeowners are not taking advantage the current seller's market being caused by high buyer demand and low inventory of home for sale.
Top 5 Healthy Heart Habits : A Dose of Vitamin Ray with Dr. RayDid you know, heart disease is still the leading cause of death in both men and women in the United States? In fact, per The American Heart Association
Autism Studies: Placenta Provides Time Capsule(Sacramento, Calif) - In two recent studies, researchers at UC Davis have shown that placental tissue can provide critical information about the epigenetic
Winners of American History Essay Contest honored in RosevilleRoseville, CA - Congratulations to winners of the American History Essay contest sponsored by Roseville's Gold Trail Chapter
Placer SPCA Announces 2017 Board of DirectorsRoseville, CA - The Placer SPCA has announced the election of its 2017 Officers for the Board of Directors.
Hyundai Veloster: Unconventional compact hatchbackRoseville, CA- The first thing one notices about the Hyundai Veloster is the odd door arrangement. It's an ingenious idea, putting two doors on the passenger side of this compact hatchback
NEWS: In Case You Missed It