Constitutional separation of powers at issue.
June 24, 2013, Fairfax, VA—Americans for Limited Government President Nathan Mehrens today issued the following statement responding to the Supreme Court’s decision to grant certiorari in the NLRB v. Noel Canning case:
“The fundamental checks and balances that our founders put into the U.S. Constitution are at the heart of this case, and the Supreme Court is commended for taking up this important issue.
“The case revolves around a decision by President Obama to place nominees onto the National Labor Relations Board without the advice and consent of the U.S. Senate. The nominees had only been recently nominated and within a month, the President placed them on the National Labor Relations Board using the claim that they were being appointed in an official Senate recess.
“The President’s action obliterated the foundational principle that the Senate has a responsibility to confirm or reject a nominee, a principle that has served as a means of protecting our nation from being ruled by the executive branch through administrative actions.
“The U.S. Court of Appeals ruled that the President’s recess appointments were unconstitutional due to the failure to follow the Senate confirmation process.”
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