“The 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.”
Even Alexander Hamilton – no opponent of big, centralized government – held a far more restrictive view of executive power on “recess appointments” 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, NLRB v. Noel Canning. Second, my quick takeaway is that the case is a win for originalism. True, the majority...
Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral argument was held a few weeks ago. The Harvard Journal of Law and Public Policy has just published 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 to earlier by Eric Posner, Elizabeth Wydra and Sidney Rosdeitcher, plus this one in The Atlantic by Peter...