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Recess Appointment Power - Implications & Analyses of Noel Canning v. NLRB (Paperback)
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Recess Appointment Power - Implications & Analyses of Noel Canning v. NLRB (Paperback)
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Under the Appointments Clause, the President is empowered to
nominate and appoint principal officers of the United States, but
only with the advice and consent of the Senate. In addition to this
general appointment authority, the Recess Appointments Clause
permits the President to make temporary appointments, without
Senate approval, during periods in which the Senate is not in
session. This book begins with a general legal overview of the
Recess Appointments Clause and a discussion of applicable case law
that existed prior to the D.C. Circuit's decision in Noel Canning.
In Noel Canning v. National Labor Relations Board, the U.S. Court
of Appeals for the District of Columbia Circuit (D.C. Circuit)
ruled that President Obama's appointments of three Members to the
National Labor Relations Board (NLRB) were constitutionally
invalid. This book focuses on the ramifications that the Noel
Canning decision might have on the President's authority to make
recess appointment by providing a legal analysis of Noel Canning
and the applicable case law that existed prior to that decision.
The U.S. Constitution explicitly provides the President with two
methods of appointing officers of the United States. This book also
provides an overview of the Recess Appointments Clause, exploring
its historical application and legal interpretation by the
executive branch, the courts, and the Comptroller General. It also
reflects on the U.S. Court of Appeals for the D.C. Circuit's
decision in Noel Canning v. Nat'l Labor Relations Board, which held
that the President's three recess appointments to the National
Labor Relations Board (NLRB) were invalid.
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