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12-1281 Brief for Respondent, Noel Canning
No. 12-1281 IN THE Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NOEL CANNING, A DIVISION OF THE NOEL CORP., Respondent. On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia BRIEF OF RESPONDENT NOEL CANNING GARY E. LOFLAND NOEL J. FRANCISCO HALVERSON NORTHWEST Counsel of Record LAW GROUP G. ROGER KING 405 E. Lincoln Ave. JAMES M. BURNHAM Yakima, WA JONES DAY (509) 452-2828 51 Louisiana Ave., N.W. Washington, D.C. 20001 LILY FU CLAFFEE [email protected] RACHEL L. BRAND (202) 879-3939 STEVEN P. LEHOTSKY NATIONAL CHAMBER LITIGATION CENTER, INC. 1615 H Street, N.W. Washington, D.C. 20062 (202) 463-5337 Counsel for Respondent QUESTIONS PRESENTED The President purported to make three “recess” appointments to fill preexisting vacancies on the National Labor Relations Board on January 4, 2012, the day after the Senate convened to commence the Second Session of the 112th Congress, and two days before the Senate convened in another Senate session. The questions presented are therefore: 1. Whether the President’s recess-appointment power may be exercised during a break that occurs during the Senate’s Session, or is instead limited to “the Recess of the Senate” that occurs between each enumerated Session. 2. Whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arise during that recess. 3. Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 99 DECEMBER 1999 NO. 8 GLOBALISM AND THE CONSTITUTION: TREATIES, NON-SELF-EXECUTION, AND THE ORIGINAL UNDERSTANDING John C. Yoo* As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early nationalperiods to reconstruct the Framers' understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution'screation of a nationallegislature that could independently execute treaty obligations. The Framers also anticipatedthat Congress's control over treaty implementa- tion through legislation would constitute an importantcheck on the executive branch'spower in foreign affairs. TABLE OF CONTENTS Introduction .................................................... 1956 I. Treaties, Non-Self-Execution, and the Internationalist View ..................................................... 1962 A. The Constitutional Text ................................ 1962 B. Globalization and the PoliticalBranches: Non-Self- Execution ............................................. 1967 C. Self-Execution: The InternationalistView ................ -
Originalism and the Ratification of the Fourteenth Amendment
Copyright 2013 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 107, No. 4 ORIGINALISM AND THE RATIFICATION OF THE FOURTEENTH AMENDMENT Thomas B. Colby ABSTRACT—Originalists have traditionally based the normative case for originalism primarily on principles of popular sovereignty: the Constitution owes its legitimacy as higher law to the fact that it was ratified by the American people through a supermajoritarian process. As such, it must be interpreted according to the original meaning that it had at the time of ratification. To give it another meaning today is to allow judges to enforce a legal rule that was never actually embraced and enacted by the people. Whatever the merits of this argument in general, it faces particular hurdles when applied to the Fourteenth Amendment. The Fourteenth Amendment was a purely partisan measure, drafted and enacted entirely by Republicans in a rump Reconstruction Congress in which the Southern states were denied representation; it would never have made it through Congress had all of the elected Senators and Representatives been permitted to vote. And it was ratified not by the collective assent of the American people, but rather at gunpoint. The Southern states had been placed under military rule, and were forced to ratify the Amendment—which they despised—as a condition of ending military occupation and rejoining the Union. The Amendment can therefore claim no warrant to democratic legitimacy through original popular sovereignty. It was added to the Constitution despite its open failure to obtain the support of the necessary supermajority of the American people. -
The Making of the Constitution
THE MAKING OF THE CONSTITUTION CLE Credit: 1.0 Thursday, June 14, 2018 12:00 p.m. - 1:00 p.m. Bluegrass Ballroom I Lexington Convention Center Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenter .................................................................................................................. i The Framers' Coup ......................................................................................................... 1 Interpreting the Convention ................................................................................. -
Amending the U.S. Constitution by State-Led Convention
AMENDING THE U.S. CONstItutION BY StatE -LED CONVENTION INDIANA’S MODEL LEGIslatION DIstRIbutED BY: INDIANA SENatE PRESIDENT PRO TEMPORE DAVID LONG AMENDING THE CONSTITUTION BY STATE‐LED CONVENTION: BACKGROUND INFORMATION U.S. CONSTITUTION, ARTICLE V: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. AMENDING THE U.S. CONSTITUTION: Article V of the U.S. Constitution provides two paths for amending the Constitution: Path 1: o Step 1: Two-thirds of both houses of Congress pass a proposed constitutional amendment. This sends the proposed amendment to the states for ratification. o Step 2: Three-fourths of the states (38 states) ratify the proposed amendment, either by their legislatures or special ratifying conventions. Path 2: o Step 1: Two-thirds of state legislatures (34 states) ask for Congress to call “a convention for proposing amendments.” o Step 2: States send delegates to this convention, where they can propose amendments to the Constitution. -
The Constitution of the United States [PDF]
THE CONSTITUTION oftheUnitedStates NATIONAL CONSTITUTION CENTER We the People of the United States, in Order to form a within three Years after the fi rst Meeting of the Congress more perfect Union, establish Justice, insure domestic of the United States, and within every subsequent Term of Tranquility, provide for the common defence, promote ten Years, in such Manner as they shall by Law direct. The the general Welfare, and secure the Blessings of Liberty to Number of Representatives shall not exceed one for every ourselves and our Posterity, do ordain and establish this thirty Thousand, but each State shall have at Least one Constitution for the United States of America. Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut fi ve, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland Article.I. six, Virginia ten, North Carolina fi ve, South Carolina fi ve, and Georgia three. SECTION. 1. When vacancies happen in the Representation from any All legislative Powers herein granted shall be vested in a State, the Executive Authority thereof shall issue Writs of Congress of the United States, which shall consist of a Sen- Election to fi ll such Vacancies. ate and House of Representatives. The House of Representatives shall chuse their SECTION. 2. Speaker and other Offi cers; and shall have the sole Power of Impeachment. The House of Representatives shall be composed of Mem- bers chosen every second Year by the People of the several SECTION. -
Fascinating Facts About the U.S. Constitution
The U.S. Constitution & Amendments: Fascinating Facts (Continued) Fascinating Facts About The U.S. Constitution The U.S. Constitution has 4,400 words. It is the The Constitution does not set forth requirements oldest and shortest written Constitution of any major for the right to vote. As a result, at the outset of government in the world. the Union, only male property-owners could vote. ___________________ African Americans were not considered citizens, and women were excluded from the electoral process. Of the spelling errors in the Constitution, Native Americans were not given the right to vote “Pensylvania” above the signers’ names is probably until 1924. the most glaring. ___________________ ___________________ James Madison, “the father of the Constitution,” Thomas Jefferson did not sign the Constitution. was the first to arrive in Philadelphia for the He was in France during the Convention, where Constitutional Convention. He arrived in February, he served as the U.S. minister. John Adams was three months before the convention began, bearing serving as the U.S. minister to Great Britain during the blueprint for the new Constitution. the Constitutional Convention and did not attend ___________________ either. ___________________ Of the forty-two delegates who attended most of the meetings, thirty-nine actually signed the Constitution. The Constitution was “penned” by Jacob Shallus, Edmund Randolph and George Mason of Virginia A Pennsylvania General Assembly clerk, for $30 and Elbridge Gerry of Massachusetts refused to ($726 today). sign in part due to the lack of a bill of rights. ___________________ ___________________ Since 1952, the Constitution has been on display When it came time for the states to ratify the in the National Archives Building in Washington, Constitution, the lack of any bill of rights was the DC. -
Rappin' History
Rappin’ History Composing Historical Raps in the Classroom with Lessons Integrating Historical Raps from the Broadway Show Hamilton Rappin’ in the Classroom Hamilton! Lessons Using the Broadway Show Hamilton Traveling Exhibit Activities Lois MacMillan – 2018 Jane Ortner Education Award Submission South Middle School – Grants Pass, OR Outline of Rappin’ History Introduction: Impact of the Broadway show Hamilton & Historical Rap Lesson Experiences (pages 1-2) “Composing Historical Raps” Five Day Lesson Plan (pages 3-21) o Joseph Plumb Martin Worksheet PDF o Joseph Plumb Martin Adventures, Sufferings, and Dangers PDF o Joseph Plumb Martin Bio PDF o Article “Of Rocks, Trees, Rifles, and Militia” PDF o Rap Facts Worksheets PDF “World Turned Upside Down” The Battle of Yorktown Lesson Plan (pages 22-26) o “World Turned Upside Down Worksheet” PDF “Constitution Needed!” Events Around the Constitution Lesson Plan (pages 27-37) o “Events Around the Constitution” PDF o “Events Around the Constitution Worksheet” PDF o PowerPoint “Plain, Honest Men” “The Dinner Deal” Choosing the Nation’s Capital Lesson Plan (pages 38-44) o “The Dinner Deal Worksheet” PDF o “In Room Where It Happens” PDF “Election of 1800” Crisis in the Electoral College Lesson Plan (pages 45-49) o “Election of 1800” PDF “Code Duello and the Hamilton-Burr Duel” Two Day Lesson Plan (pages 50-57) o “Code Duello” PDF o PowerPoint “Five Duel Experiences” o “Your Obedient Servant” PDF Introduction: In 2004, Ron Chernow published Hamilton, earning him Gilder Lehrman’s George Washington Book -
The Three-Fifths Compromise 2.7
The Three-Fifths Compromise 2.7 The Three-Fifths Compromise was a compromise reached between delegates from southern states and those from northern states during the 1787 United States Constitutional Convention. The debate was over if, and if so, how, slaves would be counted when determining a state's total population for legislative representation and taxing purposes. The issue was important, as this population number would then be used to determine the number of seats that the state would have in the United States House of Representatives for the next ten years, and to determine what percentage of the nation's direct tax burden the state would have to bear. The compromise was proposed by delegates James Wilson and Roger Sherman. The Convention had unanimously accepted the principle that representation in the House of Representatives would be in proportion to the relative state populations. However, since slaves could not vote, non-slaves in slave states would thus have the benefit of increased representation in the House and the Electoral College. Delegates opposed to slavery proposed that only free inhabitants of each state be counted for apportionment purposes, while delegates supportive of slavery, on the other hand, opposed the proposal, wanting slaves to count in their actual numbers. A compromise which was finally agreed upon—of counting "all other persons" as only three-fifths of their actual numbers—reduced the representation of the slave states relative to the original proposals, but improved it over the Northern position.[1] An inducement for slave states to accept the Compromise was its tie to taxation in the same ratio, so that the burden of taxation on the slave states was also reduced. -
Transcript of Federalist Papers, No. 10 & No. 51 (1787-1788)
The Federalist Papers were a series of essays published in newspapers in 1787 and 1788 by James Madison, Alexander Hamilton, and John Jay to promote the ratification of the Constitution. The Federalist Papers, were a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The essays were published anonymously, under the pen name "Publius," primarily in two New York state newspapers of the time: The New York Packet and The Independent Journal . They were written to urge citizens of New York to support ratification of the proposed United States Constitution. Significantly, the essays explain particular provisions of the Constitution in detail. It is for this reason, and because Hamilton and Madison were members of the Constitutional Convention, that the Federalist Papers are often used today to help understand the intentions of those drafting the Constitution. A bound edition of the essays, with revisions and corrections by Hamilton, was published in 1788 by printers J. and A. McLean. A later edition, published by printer Jacob Gideon in 1818, with revisions and corrections by Madison, was the first to identify each essay by its author's name. Because of the essays’ publishing history, the assignment of authorship, numbering, and exact wording may vary with different editions of The Federalist . The essays featured here are Federalist No. 10 and Federalist No. 51. The former, written by James Madison, refuted the belief that it was impossible to extend a republican government over a large territory. It also discussed special interest groups. The later emphasized the importance of checks and balances within a government. -
A Case Study of Hamilton: an American Musical to Understand the Effect of Engaging the Past in the Culture of Today
Southeastern University FireScholars Selected Honors Theses Spring 2018 WHO LIVES, WHO DIES, WHO TELLS YOUR STORY: A CASE STUDY OF HAMILTON: AN AMERICAN MUSICAL TO UNDERSTAND THE EFFECT OF ENGAGING THE PAST IN THE CULTURE OF TODAY Adrianna C. Halsey Southeastern University - Lakeland Follow this and additional works at: https://firescholars.seu.edu/honors Part of the United States History Commons Recommended Citation Halsey, Adrianna C., "WHO LIVES, WHO DIES, WHO TELLS YOUR STORY: A CASE STUDY OF HAMILTON: AN AMERICAN MUSICAL TO UNDERSTAND THE EFFECT OF ENGAGING THE PAST IN THE CULTURE OF TODAY" (2018). Selected Honors Theses. 120. https://firescholars.seu.edu/honors/120 This Thesis is brought to you for free and open access by FireScholars. It has been accepted for inclusion in Selected Honors Theses by an authorized administrator of FireScholars. For more information, please contact [email protected]. Halsey i WHO LIVES, WHO DIES, WHO TELLS YOUR STORY: A CASE STUDY OF HAMILTON: AN AMERICAN MUSICAL TO UNDERSTAND THE EFFECT OF ENGAGING THE PAST IN THE CULTURE OF TODAY by Adrianna Halsey Submitted to the Honors Program Committee in partial fulfillment of the requirements for University Honors Scholars Southeastern University 2018 Halsey ii Copyright by Adrianna Halsey 2018 Halsey iii This thesis is dedicated to my sister, Alexia. When I needed her most she was right on time. Halsey iv Abstract This thesis is a look into how Alexander Hamilton has been portrayed on stage in the musical Hamilton: An American Musical, written by Lin-Manuel Miranda. The goal of this research is to show that this musical is not history, but rather a commentary on current culture through one of America’s favorite stories (that of the Revolution.) In this show, past figures have been used to discuss the issues of modern America, and that is now being sold as history. -
Constitution of the United States of America, As Amended
110TH CONGRESS DOCUMENT " ! 1st Session HOUSE OF REPRESENTATIVES No. 110–50 THE CONSTITUTION OF THE UNITED STATES OF AMERICA As Amended Unratified Amendments Analytical Index E PL UR UM IB N U U S PRESENTED BY MR. BRADY OF PENNSYLVANIA July 25, 2007 • Ordered to be printed UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-001 [ISBN 978–0–16–079091–1] VerDate Aug 31 2005 11:11 Dec 10, 2007 Jkt 036932 PO 00000 Frm 00001 Fmt 5229 Sfmt 5229 E:\HR\OC\36932.XXX 36932 cprice-sewell on PROD1PC72 with HEARING E:\seals\congress.#15 House Doc. 110–50 The printing of the revised version of The Constitution of the United States of America As Amended (Document Size) is hereby ordered pursuant to H. Con. Res. 190 as passed on July 25, 2007, 110th Congress, 1st Session. This document was compiled at the di- rection of Chairman Robert A. Brady of the Joint Committee on Printing, and printed by the U.S. Government Printing Office. (ii) VerDate Aug 31 2005 11:19 Dec 10, 2007 Jkt 036932 PO 00000 Frm 00002 Fmt 7601 Sfmt 7601 E:\HR\OC\932.CC 932 cprice-sewell on PROD1PC72 with HEARING CONTENTS Historical Note ......................................................................................................... v Text of the Constitution .......................................................................................... 1 Amendments