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Voter reaction to the recent appointments of the national labor relations -- of the national right to what foundation is taking President Obama to federal court.
-- -- is the president of the national right to work legal defense foundation he joins us now from.
Washington DC -- thank you for joining us problem.
Let's start at the top and why are you bringing this legal action.
Well because we believe that these new members of the -- relations board appointed by this president.
Was done unconstitutional.
He can't do this and -- -- it and now they've been substituted as defendants in the case were actually are -- right now in federal court.
And there already being assigned to over sixty cases that we have at the National Labor Relations Board right now.
But the president said they Israel appointments were made as a -- for -- necessity and he says he has the legal right to obviously you disagree say this is unconstitutional.
Absolutely this is a constitutional question we go right to the language of the constitution itself we don't need statutes -- executive orders -- a regulatory code.
We go right to article one.
And section five clause four of the constitution talks about the adjournment of congress and when that they are in session and when they are not.
In order for there to be -- recess in the senate.
That is applicable to allow the president to exercise recess appointment authority it has to be longer for three days and they they have not adjourned there was no concurrent resolution.
So the said it was still on session.
And even the president's deputy solicitor general.
In 2000 in march of 2010 argue in front of the United States Supreme Court.
That they had to be recess longer than three days in order for them to exercise his power so he's running counter to his own administration's advice.
And he's running counter to the constitution United States of America have previous presidents done this before mark.
Never in this indirect and on this three day and read them this is not -- mean usually about two weeks that has been appropriate and -- questions about intercession -- in trust session.
But this is really amazing because the senate was in session and what this president has said he's now redeeming the quality.
Of a legislative session whether or not appropriate this there in -- he's basically saying even though the senate was in section they -- in pro forma session.
That wasn't -- -- of equality enough that he now can determine if they weren't in -- they were indeed -- which is just natural law and also I guess they don't go through the confirmation of vetting process as well.
Well that's right this second part is the advice and consent and certainly under the constitution there's specific.
Rules about mad as well the president that you nominate someone the senate has advice and consent authority and then the appointment is made.
And generally there is a period of time from the nomination you at least give the -- a chance to review the names.
And some background material about of the nominees -- this case it was it there was a December 15 appointment her nomination.
And then -- January 4 appointment.
So not what happens now legally what's the next step.
Yeah well where we are right now is we have asked the judge who's hearing the case that we had against the -- relations board already we have an oral argument in this case back in December.
We've asked the judge to actually consider this case now that the NLRB has moved to substitute these new members as defendants in the case.
We wouldn't be doing this if they had no substituted these people meaning they are now officially acting as board members.
So we're asking the judge to rule on whether or not they are legally placed as defendants in this case and we hope it will get an answer we filed our motion.
And we'll see what the judge sets item -- be talking more about that when it comes through -- mix in Washington DC.
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