Nlrb, Federal Agency, President Trump discussed on What Trump Can Teach Us About Con Law - 7- Recess Appointment Power


Case where the interpreted the recess appointment power the national labor relations board or the nlrb as a federal agency that has the job of investigating and ruling on unfair labor practices both president george w bush and president obama had a really hard time getting the senate to act and their nominees to the nlrb which moved at times the board it did not have enough people audit they're supposed to have five to get anything done normally the senate takes a break in late december in two thousand eleven the senate decided it would go on break but it would schedule a bunch of these pro forma sessions from late december until early january when it would get back to regular business remember these pro forma sessions are just for show and in fact this time the senate adopted a unanimous agreement that new business would be conducted during them there was no point to them president obama's response to this was basically you guys are in recess and on january forth between one proforma session in another president obama used his recess appointment power to fill three empty spots on the nlrb so the question became was this in okay use of the president's constitutional authority in the two thousand and fourteen case of and all our be versus noel canning the supreme court said now and ruled against the president it's a long opinions i'm just going to point out what's relevant here the supreme court said yes the president has the power to make appointments by himself when the senate's in recess and this applies to any kind of recess the congress has between sessions are in the middle of the session but a recess that counts for the purposes of this power normally has to be at least ten days the court relied on history and part to come up with this number so that break during which obama put his recess appointees n was shorter than that so they didn't count.

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