Category Archives: Article II

Essays on Article II of the Constitution

Plenary Power



gettyimages-632238364On Monday, Judge Leonie Brinckema, a Federal Appeals Judge in Virginia, issued an injunction against President Trumps Immigration Executive Orders on the basis that they are in fact, a Muslim Ban.

The Government has argued that the doctrine of Plenary Powers over National Security and Immigration should make the Orders unreviewable. But can such power be given under the Constitution? If the answer is no, then can statements made outside of the Orders by the President and his advisers be taken into account as to the intent of the orders?

If the answer is yes, are we prepared to accept a country where he sitting President has unchecked power which neither the Courts nor Congress can counterbalance?

It’s a Valentines day Tuesday episode of Constitution Thursday!

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The Supreme Rules

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.  – ARTICLE II, SECTION 2, CLAUSE 3

The Supreme Court issues several rulings in which the LPOV crew are particularly interested, including search warrants for cell phones, free speech and religion and the Recess Appointments made by the President.

The Supreme Court #1: NLRB v. Canning

This is the first in what I plan to be a series of posts about pending cases before the United States Supreme Court.

In each of these postings I hope to offer a review of a particular case, the background behind it and a look at where it might go in the future.

This week we will take a look at the case of National Labor Relations Board v. Noel Canning

This case comes to the court on appeal from the DC Court of Appeals and deals with the power of the President to make recess appointments under Article II, Section 2, Clause 3 which states:

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

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