{"id":2747,"date":"2012-04-18T16:15:00","date_gmt":"2012-04-18T20:15:00","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=2747"},"modified":"2012-04-18T16:16:16","modified_gmt":"2012-04-18T20:16:16","slug":"jay-sekulow-obama-cannot-set-senate-rules","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/04\/jay-sekulow-obama-cannot-set-senate-rules.html","title":{"rendered":"Jay Sekulow: President Obama Can’t Set Senate Rules"},"content":{"rendered":"

\"\"<\/a>It’s an important case that underscores the separation of powers. Senate Republicans will file a friend-of-the-court brief in support of a federal lawsuit challenging the constitutionality of recent recess appointments by President Obama – specifically to the National Labor Relations Board (NLRB).<\/p>\n

Here’s the problem. The president made those appointments while the Senate was in pro-forma session. The fact is the Senate was not in recess, and the president’s so-called “recess” appointments represented a constitutional overreach.<\/p>\n

As I told Megyn Kelly on FOX News today, the Senate is part of a co-equal branch of government that is entitled to set its own rules, and the president simply can’t step in and override them.<\/p>\nhttp:\/\/www.youtube.com\/watch?v=Cc89GHV2HVI<\/a>\n

 <\/p>\n

What’s important to note, as I underscored in my interview on FOX, President Bush made recess appointments when he was in the White House. But the fact is he never overrode the Senate and its own rules. He understood that when the Senate was in session, he was not permitted to make “recess appointments.”<\/p>\n

In announcing the move to file an amicus brief challenging the president’s unconstitutional recess appointments, Senate Republican Leader Mitch McConnell put it this way<\/a>:<\/p>\n

“The President\u2019s decision to circumvent the American people by installing his appointees at a powerful federal agency, when the Senate was not in recess, and without obtaining the advice and consent of the Senate, is an unprecedented power grab. We will demonstrate to the Court how the President\u2019s unconstitutional actions fundamentally endanger the Congress\u2019s role in providing a check on the excesses of the executive branch.”\u00a0<\/p>\n

Sen. Roy Blunt (R-MO) told reporters he is “glad” that Senate Republicans are getting involved in the case. “The Senate should decide when the Senate is in session,” Sen. Blunt stated<\/a>.<\/p>\n

This is a very significant case. We are now in the process of conducting an in-depth review of this case and will make a determination shortly on whether we will file an amicus brief challenging the president’s appointments in this case. I will keep you posted.<\/p>\n

Jay Sekulow<\/a><\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

It’s an important case that underscores the separation of powers. Senate Republicans will file a friend-of-the-court brief in support of a federal lawsuit challenging the constitutionality of recent recess appointments by President Obama – specifically to the National Labor Relations Board (NLRB). Here’s the problem. The president made those appointments while the Senate was in…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[80,66,644],"tags":[88,6,155,646,523,522,802],"class_list":["post-2747","post","type-post","status-publish","format-standard","hentry","category-president-obama","category-u-s-constitution","category-u-s-senate","tag-amicus-brief","tag-constitution","tag-federal-lawsuit","tag-presidential-authority","tag-recess-appointments","tag-separation-of-powers","tag-u-s-senate"],"yoast_head":"\nJay Sekulow: President Obama Can't Set Senate Rules - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2012\/04\/jay-sekulow-obama-cannot-set-senate-rules.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Jay Sekulow: President Obama Can't Set Senate Rules - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"It’s an important case that underscores the separation of powers. Senate Republicans will file a friend-of-the-court brief in support of a federal lawsuit challenging the constitutionality of recent recess appointments by President Obama – specifically to the National Labor Relations Board (NLRB). Here’s the problem. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2747","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=2747"}],"version-history":[{"count":10,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2747\/revisions"}],"predecessor-version":[{"id":2756,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/2747\/revisions\/2756"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=2747"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=2747"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=2747"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}