January 30, 2013 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 1 779 ALEXANDER on one of those having to individuals to leave. The truth of the issuing more bogus rulings, the Board do with micro unions. Another had to matter is they are not constitutionally should recognize that it is time to do with collection of union dues even there and need to leave. leave and to honor the Constitution. after the contracts had expired. On and This request was not about a per- I will wrap up with this. The D.C. ap- on and on, numbers of rulings, over 200 sonal preference or an attitude about peals court ruling was a victory for our have been made. They are all subject to any one individual. It was not about system of government. I believe it was challenge and invalidation because their qualifications. It was about the a victory for the Constitution. It en- there was no legitimate quorum for the oath of office we take. And that oath of sures that no one, including the Presi- National Labor Relations Board. At office says we will uphold the Constitu- dent of the United States, is above the this moment it is practically impos- tion. The NLRB appointments were un- Constitution. I simply ask the NLRB, sible for anyone to know which NLRB constitutional because the President its members who were unconstitution- decisions are valid and which are not. only has the power to bypass our ad- ally appointed, to recognize the sanc- It is my opinion that none of them vice-and-consent role here in the Sen- tity of our Constitution and vacate should be valid. But it is time to stop ate under the language of the Constitu- their offices immediately. Leave. Let this regulatory train wreck from get- tion. The court unequivocally found us in the Senate have the powers ting any worse. That is why this week that the appointments were made last granted to us by the U.S. Constitution I am introducing a bill that will freeze January while the Senate was not in to offer advice and consent to the any decisions, any regulations, any rul- recess, and were therefore void. There- President of the United States. ings made by this unconstitutionally fore, the President could not use the I yield the floor. appointed and invalid quorum of the recess appointments clause of the Con- The ACTING PRESIDENT pro tem- National Labor Relations Board. Until stitution to appoint these individuals. pore. The Senator from New York. we have final resolution from the The ruling correctly concludes: ‘‘Al- (The remarks of Mrs. GILLIBRAND per- courts, the NLRB should not be able to lowing the President to define the taining to the introduction of S. 179 are move forward and create even more un- scope of his own appointments power printed in today’s RECORD under certainty across this country. would eviscerate the Constitution’s ‘‘Statements on Introduced Bills and We would not be in this position if separation of powers.’’ Joint Resolutions.’’) the President of the United States had The separation of powers is a critical f done what legally he is mandated to safeguard to ensure that one branch of EXTENSION OF MORNING do, which is work with Congress and government does not overstep the BUSINESS follow the Constitution. I hope that other. The court goes on to say that al- court ruling serves as a wakeup call for lowing these nominations to stand Mrs. GILLIBRAND. Madam Presi- President Obama and for his entire ad- ‘‘would wholly defeat the purpose of dent, I ask unanimous consent that the ministration. Instead of going around the Framers in the careful separation period of morning business be extended Congress, instead of going around the of powers.’’ until 3 p.m., with Senators permitted Constitution, it is time for the Obama Additionally, because these appoint- to speak therein for up to 10 minutes administration to work with us on ments were unconstitutional, the board each. nominations. lacked the quorum necessary to make The ACTING PRESIDENT pro tem- I see the Senator from Nebraska is decisions over the past year. This calls pore. Without objection, it is so or- here, the former Governor, former Cab- into question over 200 rulings of the dered. inet member. I look forward to hearing board since last January. I personally Mrs. GILLIBRAND. I suggest the ab- his comments as well. believe that there is no doubt, if they sence of a quorum. I yield the floor. are not constitutionally there, if they The PRESIDING OFFICER (Ms. The ACTING PRESIDENT pro tem- are there violating the Constitution, BALDWIN). The clerk will call the roll. pore. The Senator from Nebraska. then all of their rulings, all of their The assistant legislative clerk pro- Mr. JOHANNS. Madam President, I regulations, all of their actions as a ceeded to call the roll. rise today, first of all, to say thank board are invalid and void. Mr. BLUNT. I ask unanimous consent you to Senator BARRASSO and Senator That is why I wrote last Friday to that the order for the quorum call be ALEXANDER for speaking so forcefully the Government Accountability Office rescinded. on this issue. All of us in this body are asking them to report to us every sin- The PRESIDING OFFICER. Without elected officials and we take an oath. gle decision they had made that was in objection, it is so ordered. In that oath, we raise our right hand excess of their powers to be there. You The Senator from Missouri is recog- and we promise our Nation that we will would think it would be common sense nized. uphold the Constitution of the United that the board would suspend all fur- (The remarks of Mr. BLUNT per- States, this very sacred document that ther action. You know, as a former taining to the introduction of S. 188 are has so soundly guided our great coun- member of the Cabinet, it never oc- located in today’s RECORD under try from one decade to another, one curred to me that I had the right to ig- ‘‘Statements on Introduced Bills and century to another, one generation to nore court decisions. I cannot imagine. Joint Resolutions.’’) another. The Chairman of the NLRB said this, Mr. BLUNT. I suggest the absence of In fact, many of my colleagues in ‘‘The board respectfully disagrees with a quorum. Congress took that oath earlier this the decision.’’ The Chairman indicates The PRESIDING OFFICER (Mr. month. Just 10 days ago, President they will continue to conduct business HEINRICH). The clerk will call the roll. Obama took the Presidential oath of as usual, even though a unanimous ap- The assistant legislative clerk pro- office with great pomp and cir- peals court has deemed the appoint- ceeded to call the roll. cumstance. We were all on the plat- ments of all but one member of the Mr. KERRY. Mr. President, I ask form with him. He promised the Nation board to be unconstitutional. I find unanimous consent that the order for that he would preserve and defend the their action absolutely appalling. Deci- the quorum call be rescinded. Constitution of the United States. But sions by the NLRB are felt across the The PRESIDING OFFICER. Without I fear that now what we are seeing is a country. objection, it is so ordered. flaunting of that very document. It is not fair for the Board to say to f You see, the DC Court of Appeals the court: Go pound sand, which is ex- ruled that the President violated the actly what they are telling this court. FAREWELL TO THE SENATE Constitution with his appointment of It is already awful that 200 litigants Mr. KERRY. Mr. President, I want to three members to the National Labor now have to go through the time and begin by thanking my colleagues—all Relations Board. I read the opinion. I expense to appeal their rulings. Instead of them—for their unbelievably gen- saw no other solution than to ask these of continuing business as usual and erous comments to me personally, in VerDate Sep 11 2014 11:34 Aug 29, 2017 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR13\S30JA3.000 S30JA3 rmajette on DSKBCKNHB2PROD with BOUND RECORD 780 CONGRESSIONAL RECORD—SENATE, Vol. 159, Pt. 1 January 30, 2013 the committee, on the floor, and in the George Abar, Nardos Abebe, Adam Abrams, Meaghan Hohl, Ryan Honeyman, Mirah halls and at meetings over the course Alex Abrams, Corey Ahearn, Robert Ahearn, Horowitz. of the last weeks. I will always be Alexandra Ajemian, Paige Alexander, Bev- Kristian Horvei, Vanessa Householder, grateful for our friendships. erly Allen, Katrina Anderson, John Anthony, Richard Houser, James Houton, Marcus How- I thank my wife Teresa, who is here Margaret Anthony, Sharde Armstrong, Felix ard, Matthew Howard, Thomas Hubbard, Arroyo, Geoffrey Arvanitis, Samuel Asher, Celes Hughes, Jeremy Hunt, James Hunter, with us, and my entire family for their Kerri Axelrod, Christopher Badger, Zachary Nisharna Jackson, Jeffrey Jacobs, David unbelievable support through this jour- Bamberg, Diane Baranik, Janice Barbato, Jansen, Stanley Jean-Charles, Vanessa Jean- ney. Timothy Barnicle, Camilla Bartels, Janice Simon, Aaron Jenkins, Lorrie Jenkins, Jon Five times Massachusetts has voted Bashford, Shannon Batten, Lauren Bazel, Jennings, Tiffany Jilek, Patrick Johnson- to send me to the U.S. Senate. Yester- Jayona Beal, Jeffrey Bean, Camille Bedin, Cheatham, William Johnson, Diane Jones, day, nearly three decades after the peo- Jesse Belcastro, Richard Bell, Ifetayo Belle, James Jones, James Jordan, Kathleen Joyce, ple of Massachusetts first voted me Daniel Benaim, Kelley Benander, Hannah Jeremy Kane, Mary Kane, Helen Kanovsky, into this office, the people with whom Bennett, Michael Beresik, Jennifer Bergman, Jonathan Kaplan, Moses Karugu, David Kass, I work in the Senate voted me out of Jonathan Berman, Shideh Biela, Guljed Deborah Katz, Deborah Kearney, Antionetta it.