Adlaw in the News
We will look at this later when we discuss standing.
Rather than using a casebook full of edited cases, we are going to read a smaller number of full text cases because that is what you read in real life. Read this carefully, using the guide to help identify the key issues. I expect class participation in the discussion.
Read Chapter 2, Section III (B)(1) – Appointment (stop at Removal for this class)
Addenda for last class
Recess Appointments – Article 2, Section 2:
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.
NLRB v. Noel Canning, 134 S. Ct. 2550 (2014) – allows the senate to determine when it is in session, thus blocking recess appointments.
Vesting and Take Care Clauses
“The executive Power shall be vested in a President of the United States of America.” U.S. Const. art. II, § 1.
Article II says that the President, specifically, “shall take Care that the Laws be faithfully executed.” Art. II, § 3.
Source of domestic power
Art II, sec. 2, cl 2 – the Appointments Clause
“[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… all other [principal] Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law:
but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”
Background Reference Materials for Immigration Discussion
This creates the US treaty obligation to take in persons who are fleeing persecution. It is the major limitation on Congress power to control immigration. The procedures on legally entering the country as a political refugee (except for Cuba) are so convoluted that we effectively ignore our treaty obligations. Most enter illegally and then petition for asylum status.