Professor Jason Mazzone was one of this week's debaters on Point of Law, a legal discussion forum sponsored by the Center for Legal Policy at the Manhattan Institute. Along with Andrew M. Grossman of The Heritage Foundation and Baker & Hostetler, he discussed the constitutionality of President Obama's executive recess appointments to the Consumer Financial Protection Bureau (CFPB) and National Labor Relations Board (NLRB). Although White House lawyers and the Department of Justice approved the motions, controversy arose from these appointments because the Senate was not technically in recess.
Professor Mazzone defends the constitutionality of the President's appointments, using hypothetical examples to demonstrate how the authority to make executive recess appointments could be an issue of national security. Calling the Constitution "a document for times of war as well as times of peace," Professor Mazzone explains that "as with other constitutional provisions, it is a mistake, and a danger, to measure [the President's recess appointment power] by judging its perceived necessity in times of peace."
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