A Win for Checks and Balances | American Center for Law and Justice
  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

We Must Not Follow in the Footsteps...

By Nicole Smith1457734516425

The craze a presidential election cycle creates often makes it difficult to keep sight of what our Founding Fathers intended for us as citizens of this United States of America. When the political-rapidness begins to sweep over me – before it fully envelopes my whole being - I try to take a step...

read more

Election: Don't Overlook the Bureaucracy

By Jay Sekulow1454452784878

With the political season in high gear, it is clear Americans are concerned about the top issues like terrorism and the economy. And with the focus now squarely on the presidential race, it’s important to remember there’s another issue that demands the attention of all Americans – a burgeoning...

read more

Bureaucratic Corruption: IRS Illegally...

By Jay Sekulow1454089126060

The Obama Administration’s IRS continues to become an ever-more-tangled web of bureaucratic blunders and corruption. The investigative report from The Daily Caller is worth reading in full. It’s mind-boggling how the revolving door of corruption and ineptitude combines to create an IRS absolutely...

read more

How the Government is Stealing Your...

By ACLJ.org1453822711046

Your rights are being violated and your freedom is under attack. The Obama Administration’s out-of-control bureaucracy continues to discriminate against conservatives and Christians, passes job-killing regulations that hurt our economy, and seethes with corruption that results in adoptive parents...

read more