Search  |  Login  |  Register

A Win for Checks and Balances

By David French1359149458000

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 purpose of the Framers in the careful separation of powers structure reflected in the Appointments Clause. As the Supreme Court observed in Freytag v. Commissioner of Internal Revenue, “The manipulation of official appointments had long been one of the American revolutionary generation’s greatest grievances against executive power, because the power of appointment to offices was deemed the most insidious and powerful weapon of eighteenth century despotism.” 501 U.S. 868, 883 (1991) (internal quotation marks and citation omitted). In short, the Constitution’s appointments structure — the general method of advice and consent modified only by a limited recess appointments power when the Senate simply cannot provide advice and consent — makes clear that the Framers used “the Recess” to refer only to the recess between sessions. 

My colleagues at the ACLJ had the privilege of filing an amicus brief on behalf of Speaker Boehner. For a time at least (the Supreme Court will have the final say), the D.C. Circuit has rejected the Obama administration’s direct challenge to our core constitutional system of checks and balances.

This article is crossposted at National Review Online.

Latest in
Constitution

Lawn Care, Candy, & Money in Politics

By Matthew Clark1415396694766

The Left, licking its wounds from its stunning defeat this week at the polls, has gone back to incessantly complaining about the amount of money in politics. It is estimated that $3.7 billion dollars was spent this election cycle. To the Left, this is a horrible, terrible, no good, dirty,

read more

Three Scandals GOP Senate Must Tackle

By Jay Sekulow1415376216380

As President Obama sits down on Friday with Republicans who will soon control the Senate and the House, there’s no shortage of issues lawmakers want to tackle when the new Congress convenes in January. The economy. Health care. ISIS. Energy. These are all critical issues that must be addressed.

read more

When Thugs and Liars Lose

By David French1415288420508

When faced with corruption and deception, it’s easy to lose hope. I confess that after seeing the lengths that some Democrats and leftists will go to to secure their hold on power, I’ve sometimes had a tendency to despair. But last night was a tonic to the soul, on at least two counts. First, what...

read more

A Wave Election: What Does it Mean?

By Matthew Clark1415206486204

Last night conservatives stunned the political world. Republicans picked up 7 (and possibly 9) seats in the Senate, they picked up at least 12 seats in the House, and won a number of Gubernatorial races that shocked the pundits. But what does it all mean? First the basics. Republicans will continue...

read more