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Uncut: Sen. Lamar Alexander sounds off on federal court's ruling that President Obama violated the Constitution with recess appointments to the Nation...
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Senator nice to -- is there Greta good to see news.
-- the Obama administration is not happy with the decision from the -- to its -- goes to DC circuit which says that it's -- that it's appointments presents appointments.
Are unconstitutional during the pro forma -- Well that's right I mean it said the president made recess appointments at a time the senate was in recess.
And according to article two section to the constitution he can't do that.
Well what it takes -- privy challenge because that I think that has happened a number of times before.
It has but when the president did that we talked about in the -- we Republican senators and we could either.
Blow up the senate we could go out -- street Holler we decide will will will use the system we have so we hired Miguel Estrada.
He took the case to the court.
And the judges unanimously ruled that the president exceeded his constitutional authority and it's an important because.
This is the part of the constitution that says we don't want it to radical.
Executive that's why we have a country -- what went out to Mount Vernon last year and reminded me that our revolution was about.
Restraining an imperial presidency or that McCain.
Well what the president had a really -- these appointments through it's a democratic senate what was the problem with -- appointments that he had to go to the appointment process.
-- well he I don't know what his thinking was but but he has a bad habit of forgetting there's United States senate you know the constitution says 11100 positions likes secretary of state.
And member of the National Labor Relations Board.
That require advise and consent of the senate and the peace and some one -- here that.
Senators don't want to confirm -- they can't be confirmed I was that way President Bush the first -- my name appears education secretary.
Twenty years ago in some democratic senators held me up for three months that's what the senate does.
So wasting no Republican could -- held up the appointments not that that he did did say.
That the senate is the senate majorities Democrats so once and a Republican could -- held up.
They know not really sick if you give -- Forty Republicans or forty senators can block an appointment takes forty.
OK so so he would have gotten -- -- would you expect that his appointment CN RP in light of the fact that there is somebody Democrats.
In the senate that's -- majority that they would have gotten confirmed that it went well maybe.
But give those appointees had said for example we think that we can get rid of the secret ballot in union elections.
By executive order by administrative -- instead of passing a law and I would have voted to block and so would almost all the Republicans and they would never made it.
So what the president was trying to do.
Was to do by his appointed powers and by administrative.
Orders what the congress won't permit him to do he's forgetting that we have checks and balances.
Was -- the word out that these appointments we're not gonna get through.
If they went through the normal confirmation process was -- was the rumor on the street that they would get voted against him on.
Sincerely because he only announced his nomination of them about twenty days before he finally appointed them in this.
Backhanded sort of way so there hasn't been enough time to build up much opposition to.
No he he just decided I think that he was gonna show the senate if the congress won't approve what he wants he's gonna do it on his own.
And the constitution doesn't permit that we think senator Reid Donna that he's a majority leader well he complained about it but in fact senator Reid developed.
The procedure.
That President Bush should use when President Bush declined to make recess appointments -- the senate was in a pro forma.
Session which we were at the time so what President Obama did was violated procedures senator Reid had created under President Bush and President Bush -- respected.
-- said that senator Reid saying it ended the indication is in favor of fighting this for the president I don't government no no he -- -- mean you would think that the majority leader would defend the institution of the -- I know when Byron when President Bush made recess appointment Senator Kennedy and like it -- -- -- -- court.
And that's what we did in court the court agreements I just want -- explanation for the -- but a pro forma session as vs a recess.
Well.
That really was an important in this case because what the court did was -- back and say look.
The language let's say you're tenth grader taking American history -- you read the constitution article two section two.
It said the president may make recess appointment only.
During the recess if the vacancy happens during the recess and if you go back to the founding of the country when you took care ages and horses.
Two to Washington it was created for a time when senators were gone for six months or seven months a year.
So what the courts is -- of the vacancy doesn't occurred during the annual recess between two sessions of congress.
And end of the president doesn't make the appointment during that time during that.
Annual during the recess between two sessions of congress it's constitutionally invalid.
So it doesn't matter if it's the summer recess through the Thanksgiving recess all that they only want the court looked at was.
An annual recess to twelve.
The 212 annual session -- 213 annual session if there's a vacancy occurs between those two -- during the session to rent a -- during the during the break.
The vacancy -- occurred during the recess.
Between the 212 session and the 213 session have a vacancy occurs -- the president may make an appointment then and that person may stay.
Until the end of an access.
Either any people have been appointed by the president who are outside that recess period in your mind that -- our Volvo.
-- yes I would think that the new director of the consumer.
-- financial protection agency -- record rate because he was appointed on January 4.
2012 the same day the president made these three unconstitutional.
Appointments to -- NLRB.
And -- by the logic of the case.
Vacating the NLRB appointments mr.
-- rate ought to resign as well see I believe these three these -- -- NLRB appointments -- only two left.
They should resign.
Mean the the the chairman of the NLRB says they're open for business I think the ought to have a sense -- help wanted.
Nominations needed because the 219 cases in which they've participated in my view based on this court's decision.
Are all in ballot in any case in which they participate will be about it and mr.
court -- has the same problem at the consumer agency.
-- -- there could see you.
