A Win for Checks and Balances | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

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

Senate Removes Obstacle to Conservative Judges

By ACLJ.org1507822161934

Senator Mitch McConnell (KY), the Senate Majority leader, has heard our demand for action and reform. He has just removed an archaic procedural rule that has been misused by the left to block conservative federal judicial nominees from ever getting a vote—or even a hearing. It is called the Senate...

read more

Ex-FBI Director's Case Collapses

By Jay Sekulow1497044409096

Fired FBI Director James Comey’s testimony before the Senate Intelligence Committee accomplished one thing: With his testimony, Comey’s case against President Trump collapsed like a house of cards. Not only did Comey’s testimony clear President Trump – admitting under oath that the President was...

read more

Comey is Not a Credible Witness

By Jay Sekulow1496880902209

Former FBI Director James Comey is preparing to tell his side of the story before the Senate Intelligence Committee on Thursday regarding his encounter with President Trump. His prepared remarks were released today – and make no mistake about it – this is Comey’s opportunity to get back in the...

read more

President Trump Fired FBI Dir. James Comey

By Jay Sekulow1494370610081

President Donald Trump has just fired FBI Director James Comey. President Trump’s letter states that Comey is “not able to effectively lead the Bureau.” President Trump's action is not only appropriate, but represents the correct action taken against Comey who has become a renegade FBI Director.

read more