โThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.โ
Even Alexander Hamilton – no opponent of big, centralized government – held a far more restrictive view of executive power on โrecess appointmentsโ than most politicians and judges today. That tells you just how far things have gone off the rails. In this...
First, congratulations to co-blogger Mike Rappaport for having two of his articles cited multiple times in yesterday’s recess appointments decision,ย NLRB v. Noel Canning. Second, my quick takeaway is that the case is a win for originalism.ย True, the majority...
Last May, I reported that litigation over President Obamaโs โrecess appointmentsโ was going to the Supreme Court.ย In fact,ย oral argument was held a few weeks ago. Theย Harvard Journal of Law and Public Policyย has just publishedย my article on the original meaning of the...
There have been some great posts on the President’s side in anticipation of yesterday’s recess appointments argument (including those I linked toย earlierย byย Eric Posner,ย Elizabeth Wydraย andย Sidney Rosdeitcher, plusย this oneย inย The Atlanticย by Peter...
