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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review

Obama's lawlessness

By George Will



JewishWorldReview.com | Early in an opinion issued recently by a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, Judge A. Raymond Randolphsaid: “Although the parties have not raised it, one issue needs to be resolved before we turn to the merits of the case.” The issue he raised but could not resolve — that is up to the Supreme Court — illuminates the Obama administration’s George Wallace-like lawlessness. It also demonstrates the judiciary’s duty to restrain presidents who forget the oath they swear to “preserve, protect and defend the Constitution.”

The appeals court was deciding whether the National Labor Relations Board has the power to issue a rule requiring nearly 6 million private-sector employers to post notices informing workers of their right to join a union. Failure to post the notice would be, the NLRB says, an “unfair labor practice,” equivalent to interfering with, restraining or coercing employees.

The regulation of speech about unionization has been tightly restricted for many decades. In 1947, Congress amended the National Labor Relations Act with this: “The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this [act], if such expression contains no threat of reprisal or force or promise of benefit.” The Supreme Court had already held that employers have First Amendment free-speech rights to engage in non-coercive speech about unionization.

In the recent case, the NLRB argued that the required posting is its own speech, not the speech of any employer. The appeals court disagreed and cited some “firmly established principles” of free-speech law, including “the right to decide not to disseminate” the speech of others. The Supreme Court has hitherto held that it is unconstitutional to force students to salute the flag. And the court has said “freedom of speech prohibits the government from telling people what they must say.” Otherwise the First Amendment, “which guards the individual’s right to speak his own mind, left it open to public authorities to compel him to utter what is not in his mind.” Just because the NLRB wrote the required posting does not make it merely “government speech” rather than the coerced speech of employers who are compelled to disseminate it on their premises.

So the NLRB’s rule requiring the posting was illegitimate. But, then, everything the NLRB, as currently constituted, does is illegitimate because two of its members were put in their seats by an unconstitutional act by President Obama.

What Randolph referred to early in the opinion is this: The NLRB has five seats and can act with a quorum of three members. But it does not have three. Seventeen months after the NLRB issued its rule requiring employers to post the notice, the appeals court held that the Senate was not in recess when Obama made three supposed recess appointments to the board.


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The Constitution says: “The president shall have power to fill up all vacancies that may happen during the recess of the Senate.” The Constitution also says the Senate has the power to reject presidential appointments and to “determine the rules of its proceedings.” The Senate, however, said it was not in recess when Obama said it was.

So the D.C. court said those three appointees were not rightfully in office. The NLRB said it “respectfully” disagreed with the court and went its merry way, without a quorum. Absent the perfunctory expression of respect, this was pretty much what George Wallace did 50 years ago this year when he stood in the door of Foster Auditorium at the University of Alabama to prevent two young blacks from registering as students.

Wallace said the district judge who had ordered the admission of the students was entitled to his opinion but that he, Wallace, had a different opinion, so there. Which is essentially what the NLRB said when the D.C. court said the board lacked a quorum to act. The NLRB went on issuing edicts, legitimacy be damned.

Courts defeated Wallace’s lawlessness. Presumably the Supreme Court will defeat Obama’s by telling the NLRB that the D.C. court was right about recess appointments. By such judicial vigilance against the excesses of elected officials, democracy is disciplined and progressivism’s agenda — unchecked executive power — is understood to be unconstitutional.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

George Will's latest book is "With a Happy Eye but: America and the World, 1997-2002" to purchase a copy, click here. Comment on this column by clicking here.

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