Obama NLRB Actions

Obama NLRB Actions "Unconstitutional"

Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama's outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional: All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever. Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out. But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’”  A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain.

Obama NLRB Actions "Unconstitutional"

Obama NLRB Actions "Unconstitutional"

Roger Pilon, a constitutional scholar from the CATO Institute, makes a compelling case that President Obama's outrageous appointments to the National Labor Relations Board and the Consumer Financial Protection Bureau are unconstitutional: All of Obama’s appointments yesterday are illegal under the Constitution. And, in addition, as too little noted by the media, his appointment of Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) is legally futile. Under the plain language of the Dodd-Frank Act that created the CFPB, Cordray will have no authority whatsoever. Yesterday, Professors John Yoo and Richard Epstein, writing separately, made it crystal clear that the president, under Article II, section 2, may make temporary recess appointments, but only when the Senate is in recess. Add in Article I, section 5, and it’s plain that the Senate is presently not in recess, just as it wasn’t under Senate Democrats when George W. Bush wanted to make recess appointments. The difference here is that Bush respected those constitutional provisions while Obama — never a constitutional law professor but only a part-time instructor – ignores them as politically inconvenient. Attempts by Obama’s apologists to say the Senate is not in session are pure sophistry and, in the case of Harry Reid, rank hypocrisy, as this morning’s Wall Street Journal brings out. But clear beyond the slightest doubt is the language of the statute (itself unconstitutional on any number of grounds not relevant here). As my colleague Mark Calabria wrote yesterday, “authorities under the Act remain with the Treasury Secretary until the Director is ‘confirmed by the Senate.’”  A recess appointment, even if it were constitutional, is not a Senate confirmation. There is simply no wiggle room in that language that gives Cordray any authority, as litigation will soon make plain.

Right-to-Work Laws = Liberty, Prosperity, and Quality of Life

Right-to-Work Laws: Liberty, Prosperity, and Quality of Life By Professor Richard Vedder (Condensed from the original 10-page Article appearing in the Cato Journal, Vol. 30, No. 1 (Winter 2010). Produced by the  Cato Institute.   Richard Vedder is Edwin and Ruth Kennedy Distinguished Professor of Economics at Ohio University.) The most essential ingredient embodied in the liberty championed by the classical liberal writers of the Enlightenment and beyond is individual choice and right of expression—the right of persons to say what they think, decide for themselves what groups that want to join, what religion that want to profess, what person they want to marry, what goods they want to buy or sell, and what persons they want to represent them where necessity requires collective decision making. One important economic dimension of individual liberty is the right to sell one’s labor services without attenuation—that is, without limits on the terms of the agreement (e.g., wage rates and hours of work), or who will represent the worker in reaching those terms.  The eroding of employment liberty in the United States had begun before the 1930s … legislation in the early 1930s such as the Davis-Bacon Act and, to a lesser degree, the Norris-LaGuardia Act began to chip away at bargaining freedom, but it was the National Labor Relations Act of  1935 (Wagner Act) that dramatically revolutionized employment contracts, severely restricting the freedom of workers and employers to reach individual bargaining arrangements.