On Tuesday, September 10th, the Harrisburg campus Federalist Society hosted Villanova University School of Law Professor Tuan Samahon, who teaches and writes on federal court and Constitutional issues.
Samahon shared his expert views on the upcoming United States Supreme Court Case NLRB v. Noel Canning. Under the Constitution, the President is granted powers to make appointments to Federal agencies without Senate confirmation while the Senate is in recess under certain circumstances. In the Noel Canning case, President Obama made such appointments to the National Labor Relations Board while the Senate was on break, rather than between actual legislative sessions.
In explaining the legislative intent behind the recess-appointment powers of the President, Professor Samahon explained: “Men are not angels, but self-seeking individuals, so the founding fathers saw fit to check ambition with ambition.” As such, the recess-appointment power serves as one check, but only in explicit and narrowly defined situations. To summarize his argument, Samahon reasoned that the Justices – by using the text, history, and structure of the Constitution – would likely rule the NLRB appointments invalid under the Constitution.
Samahon’s talk was the first in a series of Constitutional talks that the Harrisburg Federalist Society will host throughout the coming school year.