Are the Recent Recess Appointments Constitutional? - Podcast

Federalism & Separation of Powers Practice Group Podcast

March 5, 2012

Charles J. Cooper, Michael B. Rappaport, Peter M. Shane, William R. Yeomans, Dean A. Reuter

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  Are the Recent Recess Appointments Constitutional? - MP3
Running Time: 01:03:47

Are the Recent Recess Appointments Constitutional? - PodcastRecently, President Obama recess-appointed three new members to the National Labor Relations Board, and a new chief of the Consumer Financial Protection Bureau created by the Dodd-Frank bill. In making the appointments, the President bypassed the usual approval process for the nominations in the Senate, claiming authority to make recess appointments. Commentators and academics differ in their opinions about the constitutionality of the President's appointments during the Senate's pro forma sessions. After describing just what transpired, our expert panelists offered their views and took questions from the audience.

Featuring:

  • Hon. Charles J. Cooper, Cooper & Kirk, PLLC
  • Prof. Michael B. Rappaport, University of San Diego School of Law
  • Prof. Peter M. Shane, The Ohio State University Moritz College of Law
  • Prof. William R. Yeomans, American University Washington College of Law
  • Moderator: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

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Related Links

OLC Memo Discussing Recess Appointments During Pro Forma Senate Sessions (PDF)
Statement of Charels J. Cooper Before the House Committee on Education and the Workforce Concerning "The NLRB Recess Appointments: Implications for America"s Workers and Employers" (PDF)
Statement of Charels J. Cooper Before the House Committee on the Judiciary Concerning "Executive Overreach: The President's Unprecedented "Recess" Appointments" February 15, 2012 (PDF)
Recess Appointments and President Obama's Surprising Restraint By Peter M. Shane
OLC's Skillful Defense of President Obama's Recess Appointments and Its Possible Aftershocks by Peter M. Shane
The Original Meaning of the Recess Appointments Clause by Michael B. Rappaport