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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

A Senate 'eviscerated'

By George Will



JewishWorldReview.com | “The president shall have power to fill up all vacancies that may happen during the recess of the Senate.”

The Constitution,
Article II, Section 2

“ ‘When I use a word,’ Humpty Dumpty said in a rather scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ”

Lewis Carroll,
“Through the Looking Glass”

When on Jan. 20, 2009, Barack Obama swore to defend the Constitution, he did not mean all of it. He evidently believes that the provision quoted above merely expresses the Framers’ now anachronistic anxieties about abuses of executive power. (Jefferson’s lengthy catalogue of George III’s abuses is called the Declaration of Independence.) So on Jan. 4, 2012, Obama simply ignored the Recess Clause.

He was in his “We can’t wait!” — for Congress and legality — mode, as he was when he unilaterally rewrote laws pertaining to welfare, immigration and education. On Jan. 4, he used recess appointments to fill three seats on the National Labor Relations Board (NLRB), even though the Senate said it was not in recess. Obama’s cheeky Humpty Dumpty rejoinder was: I decide what “recess” means. Now a court must decide whether the Constitution means what it says.

In 2011, the Noel Canning company, which bottles soft drinks in Yakima, Wash., was negotiating a labor contract with Teamsters Local 760. The union says it and the company reached a verbal agreement. The company disagrees. An administrative law judge sided with the union. On Feb. 8, after Obama’s disputed appointments, the NLRB upheld that decision and asked a federal court to enforce it. Noel Canning is asking the court to declare that the NLRB’s intervention in the dispute was unlawful because the board lacked a quorum until Obama made the recess appointments, which were invalid because the Senate was not in recess.

In support of the company, Senate Republican Leader Mitch McConnell and 41 members of his caucus have filed a brief arguing that the recess appointments “eviscerated” two of the Senate’s constitutional powers — to “determine the rules of its proceedings” and to reject presidential appointments.



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The Recess Clause says the president’s power extends only to vacancies that “happen” while the Senate is in recess. This does not describe the NLRB vacancies — or many vacancies filled by recess appointments by many presidents since George Washington made the first ones in 1789. It does, however, describe the problem the Framers addressed: Until the Civil War, travel was slow and arduous, so Senate sessions usually lasted only three to six months. The Framers wrote the Recess Clause to give presidents very limited authority to fill important posts, while preserving the Senate’s absolute veto over presidential nominations.

For more than a century, it was generally accepted that recess appointments could fill only vacancies that occurred between sessions, not in recesses during sessions. Of late, however, presidents of both parties have made many recess appointments during short adjournments — as short as 10 days. To limit this, both parties when controlling Congress have adopted the practice of conducting pro forma sessions so the Senate is not in recess even while most senators are away.

It was holding such sessions every three days when Obama abandoned the settled policy of presidents respecting this practice. He treated the Senate’s unwillingness to act on his NLRB nominations as an inability to act, and said this inability constituted a de facto recess. He disregarded the Senate’s express determinations on Jan. 3 and 6 that it was in session. And the fact that twice in 2011 the Senate, while in such pro forma sessions, passed legislation, once at Obama’s urging.

Because the Constitution unambiguously gives the Senate the power to regulate its proceedings, Obama’s opinion that the Senate was not in session when it said it was, and his assertion that it was in recess even though it held sessions on Jan. 3 and 6, has no force or relevance. And although he is a serial scofflaw, not even he has asserted the authority to make recess appointments during adjournments of three days or fewer.

The constitutional guarantee of congressional self-governance, combined with the Senate’s determination that it was in session Jan. 4, destroys Obama’s position, which is that he can declare the Senate in recess whenever he wishes to exercise what the Framers explicitly denied to presidents — a unilateral appointments power. Consider this episode when deciding whether on Jan. 20, 2013, he should again have a chance to swear to (only selectively) defend the Constitution.


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