Senator Ted Kennedy amicus brief opposing presidential recess appointments uncovered

Jan. 9, 2012, Fairfax, VA—Americans for Limited Government released this morning an Amicus Curiae brief by the late Senator Ted Kennedy from 2004 where he argued against the validity of the appointment of Judge William H. Pryor, Jr. to the federal bench in a recess appointment.

The discovery of the Kennedy legal brief is particularly significant in light of President Obama’s appointment last week of Richard Cordray to the Consumer Financial Protection Bureau and Sharon Block, Terence Flynn, and Richard Griffin to the National Labor Relations Board. Ironically, the NLRB “recess” appointment of Block was a staffer for Sen. Kennedy.

Bill Wilson, President of Americans for Limited Government points out, “Senator Kennedy vehemently objected to a presidential appointment that occurred while the Congress was in recess, Obama’s appointments did not even occur during a recess and clearly violate the constitutional separation of powers provisions. Kennedy must be spinning in his grave.”

Article 2, Section 2 of the U.S. Constitution states, “He (the president) shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.”

The Constitution continues to deal with appointments during Senate recesses stating, “The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.”

“This last section is where Obama has run afoul of the Constitution, as even Senate Majority Leader Harry Reid admits that the Senate was in session, when Obama circumvented the highest law of the United States to make his appointments,” Wilson continued.

Reid kept the Senate in the exact pro-forma Senate sessions in 2007 to block President George W. Bush from making recess appointments. Now, Reid is praising Obama’s decision to break the very Constitution that both of them have sworn to uphold in their oaths of office.

It is anticipated that Obama’s extra-constitutional appointments of Cordray, Green, Block and Fletcher will be challenged in the federal courts. The only question is will someone file Senator Kennedy’s brief to remind the courts just how far beyond the normal constitutional lines Obama has gone.

Attachments:

Sen. Ted Kennedy Amicus Brief filed in Stephens v. Evans and Jordan at http://netrightdaily.com/2012/01/former-senator-ted-kennedy-opposed-recess-appointments/ .

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


Unemployment rate fails to convey an accurate picture of the real employment situation

Jan. 6, 2012, Fairfax, VA—Americans for Limited Government President Bill Wilson responds to today’s unemployment numbers:

“The private sector is rebounding in spite of the various regulatory stresses created by the Obama Administration. Once again, however, the actual unemployment rate fails to convey an accurate picture of the real employment situation, as it does not include the more than 4 million Americans who have dropped out of the economy since January 2009.”

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 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 21st, 2011 athttp://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 athttp://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 Releases Report on 2 NLRB ‘Recess’ Appointments

Jan. 5, 2012, Fairfax, VA—Americans for Limited Government (ALG) today released a report on the two Democrat “recess” appointees to the National Labor Relations Board (NLRB) Richard Griffin and Sharon Block that were installed by Barack Obama when Congress was not even on a recess.

“The NLRB is now a rogue agency, and every act it undertakes this year will become challengeable in federal court as to whether valid appointments were ever made,” ALG President Bill Wilson said.

The report details the experiences of the two nominees, Griffin and Block, who Wilson said Obama has risked a constitutional crisis over.

“Block once argued on behalf of the NLRB’s decision to award back pay to an illegal immigrant, an argument that was eventually rejected by the Supreme Court. And Griffin comes from the corruption-prone International Union of Operating Engineers that fought against open and fair union elections,” Wilson said.

“These nominees were only submitted to the Senate by Obama on December 15,” ALG President Bill Wilson noted. “There has not even been time to hold a hearing in the Senate, let alone vote on them, and yet Obama wants to claim his extraconstitutional ‘recess’ appointments were based on some sort of extraordinary delay.”

Industry groups affected by NLRB regulations are expected to sue in federal court to overturn the appointments and any new regulations the Board issues.

“Obama and Reid have thrown out the ‘advice and consent’ clause of the Constitution so that union organizers can hang posters on their boss’ door during a union election,” Wilson joked, concluding, “And to what end? When all is said and done, the courts will nullify these appointments and their acts, meanwhile Obama will be remembered as the recess president who accomplished nothing because he was too busy violating the Constitution.”

Attachments:

“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.

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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 is 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.


ALG Urges GOP Presidential Candidates to Oppose European Bailouts via IMF or Fed

Jan. 4, 2012, Fairfax, VA—Americans for Limited Government President (ALG) today urged Republican presidential candidates Mitt Romney, Rick Perry, Rick Santorum, Ron Paul, Newt Gingrich and Jon Huntsman to oppose any bailout of European banks that bet poorly on the sovereign debt of socialist governments like Greece.

“Your continuing opposition, along with that of other Republican candidates for president, can help lead the way toward preventing a European bailout,” Wilson wrote in his letter to each candidate.

Romney, Perry, Santorum, Paul and Huntsman have all declaratively stated they oppose any U.S. bailout of Europe.

Wilson urged the candidates to be more specific, and to specifically oppose U.S. funding of a bailout through the International Monetary Fund, something that Romney for instance still supported as recently as the Nov. 10, 2011 CNBC debate.

“Candidates need to be very specific, because it’s one thing to say you’re against bailouts, and quite another to say you’re in favor of funding the IMF when the IMF is already using U.S. taxpayer money to bail out Europe,” Wilson explained.

The letter also urged candidates to “urge the Federal Reserve to end the back-door bailout that is being accomplished through the low cost currency swaps, and to make a commitment not to make any asset purchases of European sovereign debt, or to lend to any institution making such purchases.”

“It’s not enough to stop the IMF when the Fed is already propping up European financial institutions,” Wilson noted.

Polling in early election battleground states Iowa and New Hampshire finds likely Republican voters deeply opposed to bailing out Europe. Overall, 68 percent in New Hampshire77 percent in South Carolina, and 76 percent of Republicans in Iowa oppose any U.S. involvement of bailing out Europe through the International Monetary Fund (IMF).

“These polls send a direct message to Republican candidates for President, which is if they support another bailout, they’re finished,” Wilson declared.

ALG commissioned the two surveys conducted by the polling company, inc. in Iowa, New Hampshire, and South Carolina in November. All three had samples of 500 likely Republican voters.

“In 2008, Republicans destroyed their brand by supporting the TARP bailouts for banks that were at the heart of the financial crisis. Politically, they were a catastrophe for the base and handed Democrats complete control of government for two years,” Wilson recalled.

In 2010, Republicans promised in the Pledge to America to “prevent Washington from forcing responsible taxpayers to subsidize irresponsible behavior by ending bailouts permanently”.

Wilson said the polling shows that Republicans have “a golden opportunity to restore the confidence of their base as the anti-bailout party” after their failure in 2008 to claim that mantle.

The U.S. currently contributes $65 billion to the IMF in quotas, $27.68 billion of which has already been lent in various bailouts throughout the world, including Europe. Additionally, in 2009, a Democrat-led Congress approved a $100 billion credit line to the IMF, only $5.9 billion of which has been used thus far.

Legislation by Rep. Cathy McMorris Rodgers would repeal the $100 billion line of credit and recover the remaining $94 billion that has not yet been used. In a recent oped for Human Events, she warned, “The specter of European bailouts — and America’s involvement in them through the IMF — is a powerful issue that continues to grow and won’t go away.”

Last year, the IMF, with U.S. support, proposed doubling the current quota subscriptions to the IMF, bringing the U.S. total to $130 billion. The additional $65 billion would replace a portion of a 2009-approved $100 billion credit line.

But the Obama Administration has yet to make a formal request to Congress for the additional funding, as reported by the Washington Post. Wilson called it “simply a matter of time.”

“House Republicans have two opportunities to defeat U.S. involvement in the European bailouts. The first is by passing the McMorris Rodgers legislation, and the second will be defeating any increase of the U.S. quota to the IMF,” Wilson said, looking forward to the 2012 legislative agenda.

Ultimately, U.S. taxpayers should be held blameless for the crisis in Europe, Wilson said, concluding, “European socialism has failed and must be allowed to die. No more bailouts.”

Attachments:

ALG Letter to Governor Mitt Romney, Jan. 4, 2012 at www.getliberty.org/files/RomneyIMFLetter 1-4-12.pdf .

ALG Letter to Governor Rick Perry, Jan. 4, 2012 at www.getliberty.org/files/PerryIMFLetter 1-4-12.pdf .

ALG Letter to Speaker Newt Gingrich, Jan. 4, 2012 at www.getliberty.org/files/GingrichIMFLetter 1-4-12.pdf .

ALG Letter to Senator Rick Santorum, Jan. 4, 2012 at www.getliberty.org/files/SantorumIMFLetter 1-4-12.pdf .

ALG Letter to Rep. Ron Paul, Jan. 4, 2012 at www.getliberty.org/files/PaulIMFLetter 1-4-12.pdf .

ALG Letter to Governor Jon Huntsman, Jan. 4, 2012 at www.getliberty.org/files/HuntsmanIMFLetter 1-4-12.pdf .

Iowa Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 11-13, 2011 at http://www.getliberty.org/files/ALG – Iowa – Early State Omnibus – Topline Final to Client- 11 14 11.pdf .

New Hampshire Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 18-20 2011 athttp://www.getliberty.org/files/ALG – New Hampshire- Early State Omnibus – Topline to Client – 11 21 11.pdf .

South Carolina Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 18-21 at http://www.getliberty.org/files/ALG – South Carolina – Early State Omnibus – Topline to Client – 11 22 11.pdf .

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


Poll: 76 percent of Republicans in Iowa, 68 percent in New Hampshire, and 77 percent in South Carolina oppose bailing out Europe

Dec. 29, 2011, Fairfax, VA—Polling in early election battleground states Iowa and New Hampshire finds likely Republican voters deeply opposed to bailing out European banks that bet poorly on the sovereign debt of socialist governments like Greece.

As reported by the National Review’s John Fund, overall, 76 percent of Republicans in Iowa,68 percent in New Hampshire, and 77 percent in South Carolina oppose any U.S. involvement of bailing out Europe through the International Monetary Fund (IMF).

“These polls send a direct message to Republican candidates for President, which is if they support another bailout, they’re finished,” Americans for Limited Government President Bill Wilson declared.

The results have big implications for the 2012 Republican contest for the presidential nomination, Wilson said, whose group commissioned the two surveys conducted by the polling company, inc. in Iowa and New Hampshire in November. Both had samples of 500 likely Republican voters.

“In 2008, Republicans destroyed their brand by supporting the TARP bailouts for banks that were at the heart of the financial crisis. Politically, they were a catastrophe for the base and handed Democrats complete control of government for two years,” Wilson recalled.

In 2010, Republicans promised in the Pledge to America to “prevent Washington from forcing responsible taxpayers to subsidize irresponsible behavior by ending bailouts permanently”.

Wilson said the polling shows that Republicans have “a golden opportunity to restore the confidence of their base as the anti-bailout party” after their failure in 2008 to claim that mantle.

The U.S. currently contributes $65 billion to the IMF in quotas, $27.68 billion of which has already been lent in various bailouts throughout the world, including Europe. Additionally, in 2009, a Democrat-led Congress approved a $100 billion credit line to the IMF, only $5.9 billion of which has been used thus far.

Legislation by Rep. Cathy McMorris Rodgers would repeal the $100 billion line of credit and recover the remaining $94 billion that has not yet been used. In a recent oped for Human Events, she warned, “The specter of European bailouts — and America’s involvement in them through the IMF — is a powerful issue that continues to grow and won’t go away.”

Last year, the IMF, with U.S. support, proposed doubling the current quota subscriptions to the IMF, bringing the U.S. total to $130 billion. The additional $65 billion would replace a portion of a 2009-approved $100 billion credit line.

But the Obama Administration has yet to make a formal request to Congress for the additional funding, as reported by the Washington Post. Wilson called it “simply a matter of time.”

“House Republicans have two opportunities to defeat U.S. involvement in the European bailouts. The first is by passing the McMorris Rodgers legislation, and the second will be defeating any increase of the U.S. quota to the IMF,” Wilson said, looking forward to the 2012 legislative agenda.

Ultimately, U.S. taxpayers should be held blameless for the crisis in Europe, Wilson said, concluding, “European socialism has failed and must be allowed to die. No more bailouts.”

Attachments:

Resisting Euro Bailouts, John Fund, National Review, Dec. 29, 2011 at http://www.nationalreview.com/articles/286740/resisting-euro-bailouts-john-fund .

Iowa Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 11-13, 2011 at http://www.getliberty.org/files/ALG – Iowa – Early State Omnibus – Topline Final to Client- 11 14 11.pdf .

New Hampshire Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 18-20 2011 athttp://www.getliberty.org/files/ALG – New Hampshire- Early State Omnibus – Topline to Client – 11 21 11.pdf .

South Carolina Poll of 500 Likely Republican Voters, the polling company, inc., Nov. 18-21 at http://www.getliberty.org/files/ALG – South Carolina – Early State Omnibus – Topline to Client – 11 22 11.pdf .

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: Weaker Growth than Projected ‘Obama’s Economic Humbug’

Dec. 22, 2011, Fairfax, VA—Americans for Limited Government President Bill Wilson today issued the following statement responding to the Bureau of Economic Analysis’ downward revision of economic growth:

“First at 2.5 percent, then 2 percent, and now revised downward to an anemic 1.8 percent, the economy in the third quarter has once again fallen way short of the government’s rosy projections. The Bureau initially exaggerated the actual growth number by 38 percent. This means revenues to the Treasury will again fall short of expectations, blowing an even larger hole in the deficit than projected. This reveals once again that the only way out of our mounting debt problems are dramatic spending cuts, because the growth everyone was hoping for is simply not there.

“The pot of gold Obama promised the American people at the end of the rainbow has turned out to be filled with lead. This is nothing more than Obama’s economic humbug, just in time for the holidays.”

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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ALG Calls for Conference Committee on Payroll Tax Cut Extension, Faults Reid and Obama for Stalemate

Dec. 21, 2011, Fairfax, VA—Americans for Limited Government President Bill Wilson today issued the following statement demanding Senate Majority Leader Harry Reid convene a conference committee on the payroll tax cut and unemployment benefits extensions:

“Whether one agrees with extending the payroll tax cut and unemployment benefits or not, the clear constitutional procedure when there are differences between House and Senate legislation is to convene a conference committee. Senate Majority Leader Harry Reid simply has no excuse for keeping the American people in the dark about what their effective taxes are going to be once the New Year begins. He should do his job and immediately name Senate conferees to get to work, or else he’ll have nobody to blame but himself come January.

“This could easily be resolved before year’s end, but Reid, for the moment, seems to prefer to pretend there is no such thing as a conference committee. This stalemate is the fault of Reid, the liberal Democrats and Obama for refusing to deal honestly with the House-passed measure to resolve the problem.”

Attachments:

“Payroll tax holiday blues,” ALG Senior Editor Robert Romano, Dec. 21, 2011 at http://netrightdaily.com/2011/12/payroll-tax-holiday-blues/ .

“Payroll Tax ‘Holiday’ Another Christmas Tree Monster,” ALG Senior Editor Robert Romano, Dec. 20, 2011 at http://netrightdaily.com/2011/12/payroll-tax-holiday-another-christmas-tree-monster/ .

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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ALG: No Deal Better than a Bad Deal on Payroll Tax, Unemployment Benefits Extension

Dec. 20, 2011, Fairfax, VA—Americans for Limited Government President Bill Wilson today in a statement urged Congress to include offsetting spending cuts in any plan to extend the payroll tax cut and unemployment benefits or else defeat it, and praised the House for rejecting a Senate proposal to extend them for a period of two months:

“No deal is better than a bad deal on extending the payroll tax cut and unemployment benefits. This plan will blow a $180 billion hole in the budget, and right now there are no offsetting spending cuts on the table to help pay for it. Without offsetting cuts and/or real entitlement reforms, these proposals should not even be under consideration.

“Congress has allowed itself to be caught in the Obama Administration’s class warfare trap. Rather than taking a principled stand on preserving the solvency of Social Security or winding down these perpetual extensions of unemployment benefits, Congress is more concerned about being accused of being heartless. The sad truth is continuing to spend money we don’t have is a dereliction of duty that shall engender future generations with a debt that cannot be paid and an America none of us would ever recognize.

“The Senate majority’s insistence on funding without offsets is nothing short of a complete surrender of the principles that animated voters to the polls in 2010. The House is to be praised for rejecting Harry Reid’s kick-the-can approach to governing.”

Attachments:

“Payroll Tax ‘Holiday’ Another Christmas Tree Monster,” ALG Senior Editor Robert Romano, Dec. 20, 2011 at http://netrightdaily.com/2011/12/payroll-tax-holiday-another-christmas-tree-monster/ .

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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