Recess Appointment Power


Book Description

Under the Appointments Clause, the US President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. This book begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuits decision in Noel Canning.




Crs Report for Congress


Book Description

Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. On January 4, 2012, while the Senate was holding periodic "pro forma" sessions, President Obama invoked his recess appointment power and unilaterally appointed Richard Cordray as Director of the Consumer Financial Protection Bureau (CFPB) and Terrence F. Flynn, Sharon Block, and Richard F. Griffin Jr. as Members of the National Labor Relations Board (NLRB). The President's recess appointments were ultimately challenged by parties affected by actions taken by the appointed officials, and on January 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) became the first court to evaluate the merits of the President's appointments. In a broad decision entitled Noel Canning v. National Labor Relations Board, the court invalidated the appointment of all three NLRB Board Members. In reaching its decision, the D.C. Circuit concluded that under the Recess Appointments Clause, the President may ...




The Future of the NLRB: What Noel Canning Vs. NLRB Means for Workers, Employers, and Unions


Book Description

A year ago, President Obama installed three recess appointments to the board while Congress was meeting regularly in pro forma session. A U.S. federal appeals court ruled in Noel Canning v. NLRB that these so-called recess appointments are unconstitutional. The power of the National Labor Relations Board (NLRB) affects almost every private workplace. The board has recently taken steps to skew the balance of power even further toward union leaders. For example, the board is making it increasingly difficult for employers to investigate possible misconduct and employee complaints. In Banner Health and Piedmont Gardens, the board restricted the ability to keep internal investigations confidential while allowing unions to obtain sensitive statements provided by witnesses. The board has also begun chipping away at the right of workers not to fund union lobbying. In 1988, the U.S. Supreme Court held in Communications Workers v. Beck that workers forced to pay union dues do not have to finance a union's political activities. The rights of workers, as well as the opinion of the nation's highest court, are being eviscerated by an activist labor board. Today's NLRB will go to great lengths to undermine employers, marginalize workers, and empower Big Labor.







Mutual Contempt: Lyndon Johnson, Robert Kennedy, and the Feud that Defined a Decade


Book Description

"Mutual Contempt is at once a fascinating study in character and an illuminating meditation on the role character can play in shaping history."—Michiko Kakutani, New York Times Lyndon Johnson and Robert Kennedy loathed each other. Their antagonism, propelled by clashing personalities, contrasting views, and a deep, abiding animosity, would drive them to a bitterness so deep that even civil conversation was often impossible. Played out against the backdrop of the turbulent 1960s, theirs was a monumental political battle that would shape federal policy, fracture the Democratic party, and have a lasting effect on the politics of our times. Drawing on previously unexamined recordings and documents, as well as memoirs, biographies, and scores of personal interviews, Jeff Shesol weaves the threads of this epic story into a compelling narrative that reflects the impact of LBJ and RFK's tumultuous relationship on politics, civil rights, the war on poverty, and the war in Vietnam. As Publishers Weekly noted, "This is indispensable reading for both experts on the period and newcomers to the history of that decade." "An exhaustive and fascinating history. . . . Shesol's grasp of the era's history is sure, his tale often entertaining, and his research awesome."—Russell Baker, New York Review of Books "Thorough, provocative. . . . The story assumes the dimensions of a great drama played out on a stage too vast to comprehend."—Jonathan Yardley, Washington Post (1997 Critic's Choice) "This is the most gripping political book of recent years."—Arthur Schlesinger, Jr. A New York Times Notable Book of the Year




The Odd Clauses


Book Description

"An innovative, insightful, and often humorous look at the Constitution's lesser-known clauses, offering a fresh approach to understanding our democracy. In this captivating and witty book, Jay Wexler draws on his extensive background in constitutional law to shine a much-deserved light on some of the Constitution's lesser-known parts. For a variety of reasons, many of the Constitution's "odd clauses" never make it to any court, and therefore never make headlines or even law school classrooms that teach from judicial decisions. Wexler delves into many of those more obscure passages, which he uses to illuminate the essence of our democratic process, including our tripartite government; the principles of equality, liberty, and privacy; and the integrity of our democracy"--




The Future of the NLRB


Book Description




Active Liberty


Book Description

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.




Independent Agencies in the United States


Book Description

It is essential for anyone involved in law, politics, and government, as well as students of the governmental process, to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and they cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector, and they have foreign analogues. In Independent Agencies in the United States, Marshall Breger and Gary Edles provide a full-length study of the structure and workings of federal independent regulatory agencies in the US. This book focuses on traditional multi-member agencies that have a significant impact on the American economy, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Commission, and the Federal Trade Commission. This work recognizes that the changing kaleidoscope of modern life has led Congress to create idiosyncratic administrative structures consisting of independent agencies squarely within the Executive Branch, including government corporations and government-sponsored enterprises, to establish a new construct of independence to meet the changing needs of the administrative state. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. This book also compares US with EU and certain UK independent agencies to offer a unique comparative perspective. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography of pertinent materials.