2:07 PM, Apr 13, 2015 • By KEVIN R. KOSAR
Congress returns from its two week break on Monday. If it has any respect for itself, it will promptly schedule a vote on President Obama’s most recent veto.
The nixed bill was a resolution to strike down new regulations issued by the National Labor Relations Board in mid-December. These new rules, which run 180 pages, would have the effect of making it easier to unionize certain workplaces. Senator Lamar Alexander, (R-Tenn), who introduced S.J. Res. 6, said the new regulations allow “a union to force an election” to decide whether to unionize “before an employee has a chance to figure out what is going on.” To the concern of some in Congress, the rules would also force employers to provide union advocates with employees’ email addresses and phone numbers.
This was the first time Congress had fully utilized the Congressional Review Act since 2001. Thanks to fast-track rules for such resolutions, both chambers passed the legislation in less than a month.
Congress likely does not have the votes needed to override the veto. The legislation passed along party lines, with 53 ayes in the Senate and 232 yeas in the House. Leadership in both chambers should nonetheless schedule an override vote.
For one, voting to override the veto will signal to the White House that Congress is serious about having a role in regulatory policy. For too long, Congress has treated regulation as an afterthought, or worse, an issue to ignore and then demagogue. Senators Roy Blunt, Angus King, Mark Kirk and others have introduced promising bills to curb the explosion in regulation. Congress passes perhaps 50 significant laws per year. The executive branch issues 80 to 100 major rules per year, to the tune of $100 million or more each in economic impact.
For another, Obama’s veto was issued in an insulting and unconstitutional manner. The president claimed he was issuing a pocket veto. Yet he also returned the legislation to the Senate, where it originated.
Article I, Section 7 of the U.S. Constitution sets the legislative process: When the president issues a veto, he must return it to the chamber from whence it originated. If, however, “Congress by their adjournment prevent its return,” then the president may veto it once and for all with the stroke of his pen. “It shall not be a law.” It is an either/or choice; either one vetoes or one pocket vetoes. That a Senate designee received Obama’s veto makes his assertion of a pocket veto “gibberish,” as one constitutional scholar put it.
Obama, as has been reported, is not the first president to issue both types of vetoes at once. This dubious practice goes back to the Ford Administration, at least. The “protective return veto,” as it is termed, aims to allow the president to kill legislation while denying Congress the right to override it.
12:20 PM, Jan 14, 2015 • By IKE BRANNON
Ever since the creation of the Consumer Financial Protection Bureau, or CFPB, proponents of robust economic growth and sensible regulation have been trying to rein it in.
9:00 AM, Jan 3, 2015 • By IRWIN M. STELZER
Had enough good economic news to see you through the holidays? Good. But if you plan to ask, “Please, sir, I want some more” you might be in store for your own Oliver Twist moment. Here’s why:
12:00 AM, Dec 6, 2014 • By IRWIN M. STELZER
The European Parliament has called for the dismemberment of Google, the French want “les Gafa,” as they call Google, Apple, Facebook, and Amazon, reined in, EU regulators are under pressure to get tough with the Americans. And the leaders of Silicon Valley’s non-tax-paying, privacy-invading, dominant tech firms, to use EU descriptives, are surprised. They shouldn’t be.
3:16 PM, Oct 24, 2014 • By ELI LEHRER
As any visitor to New York City discovers, the Big Apple isn’t the best place to get a hotel room. Rates top $300 per night, the highest in the country, and supply is quite limited.
Is this the end of the collegiate bacchanal?Oct 20, 2014, Vol. 20, No. 06 • By HEATHER MAC DONALD
Sexual liberation is having a nervous breakdown on college campuses. Conservatives should be cheering on its collapse; instead they sometimes sound as if they want to administer the victim smelling salts.
5:47 PM, Oct 6, 2014 • By DANIEL HALPER
A Nevada man complained to Vice President Joe Biden that it's hard for small businesses to operate these days:
"It's real hard for the small businesses," said the Nevada man. "It's not so easy."
He added, "Right now it's very hard for a small business to make it--and everybody."
"Yeah," said Biden, seemingly in agreement.
"It is very hard," the man said.
The vice president is in Las Vegas, Nevada today.
On catfish, farmed and wild.Aug 11, 2014, Vol. 19, No. 45 • By GEOFFREY NORMAN
There isn’t much left in life that is unregulated and without some degree of government supervision or protection. You get used to it, I suppose. And, anyway, you don’t have much choice. But you do need to pay attention because nothing is off limits.
1:16 PM, Jul 30, 2014 • By ETHAN EPSTEIN
Casual dining establishment TGI Fridays, you may have heard, is advertising what it bills as “endless” appetizers for a mere $10. Yet if you dine at Fridays here in the District of Columbia, you can expect to spend $11, not $10, on the “endless apps,” once DC’s 10 percent dining tax is included.
'Business deaths now exceed business births for the first time' in decades.
7:28 AM, May 8, 2014 • By WHITNEY BLAKE
A new Brookings Institution report indicates that businesses are shuttering their doors more quickly than new ones are popping up.
12:01 PM, Mar 30, 2014 • By GEOFFREY NORMAN
His promising career in politics having come to an inglorious – and no doubt temporary – end, Anthony Weiner has turned to punditry.
1:09 PM, Nov 22, 2013 • By JERYL BIER
Though the Obama administration has been promoting the benefits of Obamacare for several years now, one perk of coverage through the exchanges that has gone largely unnoticed is a mandated three-month grace period for unpaid premiums. The rule, however, only applies to those receiving subsidies via tax credits advanced to the insurers by the government (§155.430 and §156.270 of the Code of Federal Regulations).
Oct 21, 2013, Vol. 19, No. 07 • By THE SCRAPBOOK
Last week in these pages, Ike Brannon noted that Europe is outstripping the United States in reducing the role of government in the economy (“Europe Leads the Way?” October 14). Now it seems that our European brethren are also taking a more sensible view of the regulatory state. The European parliament surprised observers by refusing to regulate electronic cigarettes as medical devices, which would have subjected them to onerous regulations.