Contents tagged with recess
Filed in: US Constitution | by David French | 12:41 PM Jan. 25, 2013
A Win for Checks and Balances
Today is a good day for constitutional governance. To recap, at issue was whether NLRB appointments made while the Senate was not technically in recess were constitutional. The opinion from the D.C. Circuit is a must-read (at least for those who like reading lengthy court opinions), but I had to highlight one paragraph that perfectly described the high stakes of this case: To adopt the Board’s proffered intrasession interpretation of “the Recess” would wholly defeat the purp... Continue Reading
Filed in: US Constitution | by Nathanael Bennett | 9:51 AM Feb. 16, 2012
Senator Lee: The President Doesn’t Rule a Government of One
In the wake of President Obama’s unconstitutional nominations on January 4th, the ACLJ sent a letter to the U.S. Senate calling for a vigorous defense of the authorities granted to the Senate under the U.S. Constitution. While it’s disheartening that we’ve yet to see a concerted effort on the part of the Senate to respond to this blatant affront to the Constitution, it should be noted that one Senator in particular has recognized the gravity of the situation and shown strong l... Continue Reading
Filed in: US Constitution | by Matthew Clark | 6:54 PM Feb. 1, 2012
Senate, Don’t Confirm Appointees Unless Obama Retracts Unconstitutional Appointments
The ACLJ is calling for the Senate to take strong action in response to the “dangerous precedent” set by President Obama’s non-recess appointments. In a letter sent to Members of the U.S. Senate today, Jay Sekulow, ACLJ Chief Counsel, urged: On behalf of our organization and the more than 84,000 Americans who have signed our Petition to Retract Unconstitutional Appointments, we urge the Senate to take decisive action in opposition to President Obama’s unconstitutional no... Continue Reading
Filed in: US Constitution | by Matthew Clark | 5:50 PM Jan. 30, 2012
Congressional Response to Non-recess Appointments
Lawmakers in Congress are “considering all possible ways” to respond to President Obama’s unconstitutional non-recess appointments. On January 4, 2012, President Obama made four, what he termed, “recess appointments” to key executive positions while the Senate was still in session, circumventing the Constitution and nearly a century of precedent. Senator Mike Lee (UT) has responded, threatening to be a thorn in the Obama Administration’s side until President... Continue Reading
Filed in: US Constitution | by ACLJ.org | 12:07 PM Jan. 13, 2012
Jay Sekulow Discusses Obama’s DOJ Political Smokescreen on Sean Hannity Radio
Jay Sekulow, ACLJ Chief Counsel, appeared on Sean Hannity’s radio program to discuss the Obama Justice Department’s new memo attempting to provide political cover for his non-recess appointments. Listen as Jay and Sean discuss how these appointments made while the Senate was still in session are unconstitutional, pushing back against a liberal attorney’s attempts to hide the truth. Listen now:... Continue Reading
Filed in: US Constitution | by Matthew Clark | 12:49 PM Jan. 12, 2012
Political DOJ Memo Changes Nothing, Obama Appointments Still Unconstitutional
The U.S. Department of Justice (DOJ) Office of Legal Counsel has just released a memo backing President Obama’s “recess” appointments. The memo, authored by an Obama political appointee who herself was confirmed by the U.S. Senate, claims that “the President has the authority under the Recess Appointments Clause to make appointments during this period” – a period where the Senate was still in session. This is a sharp departure from longstanding precedent from... Continue Reading
