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Entries in Executive Power (11)


ALG's Daily Grind - Mississippi Burning 


June 30, 2014

Permission to republish original opeds granted.

Mississippi Burning
Republican Machiavellians may get just desserts in Mississippi.

Can Congress delegate its powers to independent entities like Amtrak?
When Congress passes an act, it typically delegates part of its authority to the Executive Branch to promulgate regulations implementing the act. By doing so, the Congress is giving part of its authority over to the Executive to make law.

House subpoenas on IRS emails expand to White House, Treasury, Justice, and FEC
ALG's Mehrens: "When the administration again stonewalls these requests, Chairman [David] Camp needs to be prepared to enforce these subpoenas in federal court."


ALG - Expert comment available on NLRB court decision 


June 26, 2014, Fairfax, Va.—Rep. Austin Scott (R-Ga.) and Americans for Limited President Nathan Mehrens today in a joint oped published at praised the outcome of a unanimous ruling by the Supreme Court overturning the 2012 false recess appointments by President Barack Obama to the National Labor Relations Board (NLRB) when Congress was not even in recess.


"With the question of when a recess occurs now settled, the NLRB will be forced to reevaluate decisions it made during the period for which it had no legal quorum. As a result, the Board will likely have less time over the next couple years to interfere in the workings of our economy, and this is a good thing," wrote Scott and Mehrens in the oped.


The two called on Congress to act on legislation, The Protecting American Jobs Act, that would "move the adjudicatory functions of the NLRB to the U.S. courts and take away the Board's power to prosecute unfair labor practices."


As Scott and Mehrens explained, "The NLRB's actions have been problematic for America's job creators for too long. The Board, under the National Labor Relations Act, has the power to adjudicate 'unfair labor practices,' acting as a type of judiciary for handling issues between employers and labor unions."


These quasi-judicial proceedings, the oped argues, allow the Board to facilitate the organization of labor unions at the expense of private employers, with the overreaching powers to act as prosecutor, judge, and jury against those companies.


To view online:





Americans for Limited Government is a non-partisan, nationwide network committed to advancing free market reforms, private property rights and core American liberties. For more information on ALG please visit our website at



CEI Today: Supreme Court on Obama recess appointments, Aereo broadband, Clean Air Act 

Friday, June 27, 2014
In the News Today


OBAMA RECESS APPOINTMENTS - HANS BADER Supreme Court Unanimously Curtails Obama Overreach in Recess Appointment Powers


Today’s Supreme Court ruling in Noel Canning v. NLRB limits the president’s ability to make recess appointments without Senate approval. Hans Bader, CEI senior attorney and contributor to an amicus brief in the case, said the following the decision:

“President Obama’s radical interpretation of the Constitution’s recess appointments clause would have given presidents free rein to appoint political cronies at any point in time, gutting checks and balances on unqualified presidential appointments. > Read more



Aereo Decision Protects Creators and Distributors; Will Not Halt Innovation in Online Entertainment

Wednesday, the Supreme Court released its much-awaited decision in ABC v. Aereo. The Court reversed the Second Circuit, holding that Aereo directly infringed the copyrights of broadcast television program owners by publicly performing their works without permission. The decision does not endanger cloud computing services like so many contend.
> Read more

CLEAN AIR ACT UARG v. EPA - WILLIAM YEATMAN You’ll Have Trouble Believing the Latest EPA Management Outrage
There is a possible silver lining. With today’s decision in UARG, we at least have established a line in the sand regarding deference to agency decision making: The agency will not be permitted to blatantly re-write laws.** > Read more

Apply for CEI's Journalism Fellowship!

CEI's Warren T. Brookes Journalism Fellowship is a one-year fellowship that aims to provide journalists the opportunity to improve their knowledge of free markets principles and limited government through interaction with CEI policy experts. >


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CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government. For more information about CEI, please visit our website,, and blogs, and Follow CEI on Twitter!


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Saturday's guest @KennedyNation chronicles The Golden Age of MTV Through Rose Colored Glasses.



Rubens For US Senate - Statement on Unanimous Supreme Court Decisions 

Republican candidate for U.S. Senate, Jim Rubens issued the following statement on today's two unanimous decisions by the U.S. Supreme Court regarding President Obama's recess appointments to the National Labor Relations Board in Canning v. NLRB, and the Massachusetts "buffer zone" law in McCullen v. Coakley:


"Here is yet another example of President Obama operating outside the bounds of the law.  Jeanne Shaheen acted as a rubber stamp via her failure to oppose or even comment on these unconstitutional acts.  Our system is designed with a series of checks and balances and the Supreme Court unanimously decided today that President Obama completely overstepped his authority and disregarded the Constitution.  Furthermore, thanks to these unconstitutional actions, almost two years' worth of decisions and actions by the NLRB are now null and void.  This represents an incredible waste of time and taxpayer resources."


On the "buffer zone" ruling, Rubens says, "Restricting peaceful speech and prayer in public spaces - even about controversial subjects like abortion -  is flagrantly unconstitutional.  I am happy that the court recognized this unanimously."


Long before the Supreme Court decision was handed down, Jim Rubens has vigoursly opposed "buffer zone" laws like the one just passed in New Hampshire because he so clearly understands that these are a direct violation of our First Amendment rights.


CEI Today: Dem v Dem on trade, menu labeling, and runaway executive power

Friday, January 31, 2014
In the News Today

DEMOCRAT SCHISM ON TRADE - FRAN SMITH Schism among Democrats On “Fast Track” to Trade

The trade debate is heating up in the wake of President Obama’s nod to trade in his State of the Union address, the introduction this month of a Trade Promotion Authority (TPA) bill, and the on-going negotiation on two major trade deals.

A major schism among Democrats on trade broke out January 29, when Senate Majority Leader Harry Reid, D-Nev., said in an interview that he was against TPA, commonly known as “fast-track” legislation, which gives the president authority to negotiate trade agreements that are then voted on by Congress without amendments.

Reid’s opposition is in contrast to
President Obama’s endorsement of fast-track authority in his State of the Union address earlier this week.

 > Read more

> Interview Fran Smith


Washington Times: Common sense for restaurant-menu labeling

One major problem with Obamacare that the president failed to mention in his State of the Union address is pending regulations that could make food more costly. The law’s Section 4205 requires restaurants with 20 or more locations to list calorie-content information for each menu item on a board at every establishment.

The costs of this intrusive regulation would be passed on to consumers in the form of higher prices — the last thing we need in a struggling economy. Some relief may be on the way, though, in the form of bipartisan legislation.  > Read more

> Interview Liz Thatcher

EXECUTIVE BRANCH ABUSE OF POWER - WAYNE CREWS Reining in the Executive Branch Bureaucracy

When I can act on my own without Congress, I’m going to do so,” Obama promises. This spend-and-transfer fixation makes Americans poorer and dependent except for the lucky few running things. > Read more


> Interview Wayne Crews

> Follow Wayne Crews on Twitter




CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website,, and blogs, and  Follow CEI on Twitter!


January 30, 2014:
State of the Union

Vice President for Strategy Iain Murray analyzes the President’s 2014 State of the Union speech.

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The End of Privacy – Is the Government Destroying Trust?