Debating the President's Recess Appointment Power
Recess appointments have long operated as a check against Senate obstruction. Eliminating that check would infringe on the separation of powers and create a more dysfunctional government.
In the Washington Legal Foundation's latest On the Merits publication, Senior Policy Advisor Sidney S. Rosdeitcher debates Stanford Law School's Michael W. McConnell on National Labor Relations Board v. Noel Canning, which the U.S. Supreme Court will hear on January 13.
At issue in Noel Canning is the scope of the president’s power under the Constitution’s “Recess Appointments Clause,” which allows the president to make temporary executive and judicial appointments during Senate recesses, without Senate confirmation.