ALG Urges Passage of Bill Repealing NLRB Adjudicatory Powers in Light of Unconstitutional Appointments

Jan. 5, 2012, Fairfax, VA—Americans for Limited Government (ALG) President Bill Wilson today in the following statement urged the House to pass HR 2978 stripping the National Labor Relations Board (NLRB) of its quasi-judicial powers in light of Barack Obama's extraconstitutional installation of 3 new members to the Board:

"If the House wishes to prevent the NLRB from issuing rulings when it has been unconstitutionally filled with phony recess appointments, it needs to act immediately.  Legislation by Rep. Austin Scott would strip the Board of all its judicial and rulemaking authority, making federal courts the sole arbiter of alleged infractions of labor law. 

"Big labor advocates masquerading as bureaucrats should never have so much power in the first place to issue these anti-business rulings, and Rep. Scott's legislation is the only bill that will do anything about it.

"While federal courts sort out the unconstitutionality of Obama's lawless actions to fill the NLRB with union cronies, the House can act immediately to pass legislation that will defang the Board from issuing any more rulings on behalf of big labor."

Attachments:

"Treating the NLRB symptoms not enough," by ALG President Bill Wilson, September 21^st, 2011 at http://netrightdaily.com/2011/09/treating-the-nlrb-symptoms-not-enough/ .

the polling company™, inc./WomanTrend poll on behalf of Americans for Limited Government regarding National Labor Relations Board, Aug. 19-23, 2011 at www.getliberty.org/files/NLRBPoll8-19to8-23-11.pdf .

"ALG Nominee Alert, Richard Griffin and Sharon Block, National Labor Relations Board," Americans for Limited Government Research Foundation, Dec. 2011 at http://www.getliberty.org/files/Sharon Block  Richard Griffin NomineeAlert HighRes 12 30.pdf .

"Obama's Radical Non-Recess 'Recess' Appointments," ALG President Bill Wilson, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obama%e2%80%99s-radical-non-recess-%e2%80%98recess%e2%80%99-appointments/ .

"Cartoon: Obama's New Year's Resolution," William Warren, Jan. 5, 2012 at http://netrightdaily.com/2012/01/obamas-new-years-resolution/ .

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at rrast@getliberty.org to arrange an interview with ALG President Bill Wilson.

ALG: Obama 'Recess' Appointment of Cordray 'Constitutionally Questionable'

Jan. 4, 2012, Fairfax, VA—Americans for Limited Government President Bill Wilson today in a statement condemned the Obama Administration for making a "recess" appointment of Richard Cordray to the Consumer Financial Protection Bureau even though Congress is not even in recess:

"The appointment of Richard Cordray to the Consumer Financial Protection Bureau, and all acts he may take while in his post, are not worth the paper they are printed on.  Barack Obama has rammed through a phony 'recess' appointment when there is no recess, and now he borders on being a tyrant.  Obama cannot constitutionally pretend a recess into existence, and yet that is exactly what he has done.  This has never been attempted before.

"This is a clear and consistent pattern by Obama of acting as if the Constitution does not apply to him.  This a dangerous pattern that is threatening to tear this country apart, and it's his fault.

"Congress, per its constitutional prerogative, has deliberately been in continuous session to block any recess appointments from being made by Obama.  If Congress wills it, and it has, then there can be no recess.  Any appointments made under this pretense, and all of their acts in office, will become constitutionally questionable as to whether a valid appointment was ever made.

"In the latter years of the Bush Administration, congressional Democrats played the same game to keep Congress in continuous session in a move that effectively blocked recess appointments from being made.  If the Obama Administration does not like it, it can propose amending the Constitution, but it cannot pretend Congress was in recess when it never was."

Interview Availability: Please contact Rebekah Rast at (703) 383-0880 or at rrast@getliberty.org to arrange an interview with ALG President Bill Wilson.

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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 call us at 703-383-0880 or visit our website at www.GetLiberty.org.

WFI: President Obama Delivers Payback To Big Labor

Washington, D.C. (January 4, 2011)  – The Workforce Fairness Institute (WFI) today released the following statement in response to President Obama recess appointing Richard Griffin and Sharon Block to the National Labor Relations Board (NLRB):

“President Obama’s recess appointments of Richard Griffin and Sharon Block to the National Labor Relations Board are an incredible giveaway to Big Labor.  This White House has demonstrated beyond question that it places greater importance on paying back union bosses than creating jobs and turning around the economy,” said Fred Wszolek, spokesperson for the Workforce Fairness Institute (WFI).  “What is particularly galling is that the nominations of Griffin and Block are just days old, and in spite of that, Obama has engaged in a power grab that is constitutionally suspect.  Obama’s recess appointments of Griffin and Block go against statements made by his own vice president and Department of Justice and are another reminder that this administration takes its direction from labor bosses not American workers and small businesses.”     

BACKGROUND:

Obama Recess Appoints NLRB Nominees:

“It isn’t just Richard Cordray.  Obama is also set to use recess appointments to install his picks to the National Labor Relations Board, according to White House officials and others familiar with ongoing discussions.  The move, which is arguably as important as the Cordray appointment, will ratchet up opposition from Republicans and make this an even bigger fight, since they have been attacking the NLRB regularly for its moves to streamline union elections and inform workers of their rights.  Obama is set to appoint Sharon Block, Terence Flynn, and Richard Grifin to the board — something unions have made a big priority for them in the new year.” (Greg Sargent, “Breaking: Obama Also Set To Make Recess Appointments To The NLRB,” The Washington Post, 1/4/12)

NLRB Nominees Nominated In December 2011:

President Obama Announced The Nominations Of Richard Griffin & Sharon Block To The NLRB On December 14, 2011. (Press Release, “President Obama Announces More Key Administration Posts,” The White House, 12/14/11)

In 2005, Senator Biden Questioned Recess Appointments: 

“‘As I said, we don’t work for the president.  And no president is entitled to the appointment of anyone he nominates.  No president is entitled by the mere fact he has nominated someone.  That’s why they wrote the Constitution the way they did: It says ‘advice and consent.’” (Senator Joe Biden, Committee On Foreign Relations, 5/12/05)

Obama Deputy Solicitor General Questions Legality Of Recess Appointments:

“When President Obama’s Department of Justice (DOJ) defends Obama’s ‘recess appointment’ – made today after the Senate adjourned yesterday – his lawyers will have to argue against the position they took on recess appointments last year, during a Supreme Court hearing.  Deputy Solicitor General Neal Katyal told Chief Justice John Roberts that ‘the [congressional] recess has to be longer than 3 days’ for the president to have the power to make a recess appointment, recalls House Speaker John Boehner, R-Ohio, while criticizing Obama’s recess appointment of Richard Cordray to lead the Consumer Financial Protection Bureau.” (Jowl Gehrke, “Obama's DOJ Says 'Recess' Appointment Illegal,” Washington Examiner, 1/4/12)

The Workforce Fairness Institute is an organization committed to educating voters, employers, employees and citizens about issues affecting the workplace. To learn more, please visit: http://www.workforcefairness.com.

ALG Urges Boehner to Block Obama Recess Appointments, Echoes Senate Republican Call

May 26, 2011, Fairfax, VA—Americans for Limited Government President Bill Wilson today issued a statement urging House Speaker John Boehner to use his Article I, Section 5 powers to keep Congress in session to block recess appointments by Barack Obama:

"Barack Obama has demonstrated with the recess appointments of Craig Becker to the National Labor Relations Board and Donald Berwick to the Administrator of the Centers for Medicare and Medicaid Services that he is willing to do whatever it takes to get his most radical nominees into the bureaucracy, even when they fail at Senate confirmation. 

"There can be no more radical recess appointments allowed. Becker is committed to compulsory unionism, and now is proving that in his actions to block Boeing from setting up shop in South Carolina, a right-to-work state.  And Berwick is dedicated to a government-run health care system that rations limited care in place of a private system that innovates and creates new cures and new medicines that everyone depends on.

"Senate Republicans are now urging House Speaker John Boehner to use his constitutional authority to keep Congress in session to prevent any more radical recess appointments from being made.  Senate Majority Leader Harry Reid pulled the same trick in 2007 and 2008 to keep the Senate in session, effectively blocking Bush Administration recess appointments.  Now it is time for Republicans to return the favor.

"The last thing the American people want are extremists like Goodwin Liu, who is dedicated to reading welfare 'rights' into the Constitution, put on the federal bench via recess appointment. If recess appointments are the only way Obama can get these radicals appointed, then it is up to Speaker Boehner not to allow Congress to go into recess."

Attachments:

"Republican Senators call on GOP House to block Obama recess appointments," By Philip Klein, The Washington Examiner, May 25, 2011 at http://washingtonexaminer.com/blogs/beltway-confidential/2011/05/republican-senators-call-gop-house-block-obama-recess-appointment#ixzz1NP5NkMat

ALG Praises McConnell for Blocking Recess Appointments

Obama has 115 executive and judicial nominees pending that he will not be able to appoint during recess.

September 30^th, Fairfax, VA—Americans for Limited Government (ALG) President Bill Wilson today issued the following statement praising Senate Minority Leader Mitch McConnell for blocking Barack Obama from making any recess appointments during the upcoming campaign season:

"Senate Minority Leader Mitch McConnell deserves the thanks of all Americans for blocking Barack Obama from making any recess appointments while Congress campaigns for election in October.  That's up to 115 appointments that will still require Senate approval, and Obama will not be able to sneak into power while nobody's watching.

"In many cases, as with judicial nominees Goodwin Liu and Robert Chatigny, these pending appointments are controversial, radical ideologues that will for a generation change the makeup of the federal government.  This gives the American people an opportunity to put the brakes on Obama's agenda to remake the nation in his image through judicial and regulatory decree.  No more Donald Berwick's and Craig Becker's; the American people have had enough of these radicals.

"If Senate Democrats want these nominees to be appointed, they will now have to vote and stake their names and reputations to getting them across the finish line.  But the American people can rest easy knowing that Obama will not be able to sneak them in during the dead of night, thanks to Senate Minority Leader McConnell's courageous leadership."