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Obama vs. Congress: Ready for a showdown--NOT!

On July 12, President Obama unilaterally gutted the Clinton administration's signature achievement—welfare reform. David Rivkin will appear on Fox and Friends Saturday to assert that the president cannot write or rewrite laws.

FOR IMMEDIATE RELEASE

PRLog (Press Release) - Aug 10, 2012 -

Fox & Friends Weekend, a news magazine program on Fox News Channel, plans to present a discussion on the latest power grab by President Barack Obama.  At issue is the constitutionally mandated separation of powers between the legislative, judicial, and executive branches of government. David Rivkin, the constitutional attorney who represented the 26 states in the historic ObamaCare lawsuit, is scheduled to appear in the last hour of the program on Saturday, August 11.

Author of a recent Wall Street Journal article on the president's disregard for welfare, immigration, and education laws passed by Congress, Rivkin stated, "Mr. Obama has now made clear that he won't respect these basic constitutional limits on his power."

Rivkin, a Washington attorney and partner in the firm Baker Hostetler LLP, has a history of analyzing the actions of presidents, legislatures, and the judiciary against the U.S. Constitution. On January 4, 2012, President Obama made "recess" appointments to the Consumer Financial Protection Bureau and the National Labor Relations Board.  At the time of the appointments, the Senate was holding a series of "pro forma" sessions.  While the U.S. Department of Justice claimed that the President has the authority to make these appointments, in essence, to decide for himself when Congress is in session, David Rivkin and other constitutional law experts disagreed.

For additional information, visit http://www.davidrivkin.com.

   

Up or down on ObamaCare: Texas attorneys to hear live debate

David Rivkin and Harvard Law Prof to Face Off June 15

Washington D.C. – As the U.S. awaits the Supreme Court decision on the Affordable Care Act (ObamaCare), the various factions pro and con continue to line up and weigh in on both whether and how the controversial law will stand.  David Rivkin, who led the 26-state case against the U.S. government in Florida’s 11th District Court (whose judge, Roger Vinson, ruled in the plaintiffs’ favor, will meet Harvard Law professor Einer Elhauge, author of amicus briefs that assert the legality of the individual mandate.  The debate is scheduled for 9:00 am, on Friday, June 15, at the Texas Bar Association’s Annual Conference in Houston.

For more information on the debate and the conference, visit www.texasbar.com.

Source: http://www.officialwire.com/pr/up-or-down-on-obamacare-texas-attorneys-to-hear-live-debate/

   

Debate on ObamaCare's individual mandate on display for attorneys

Constitutional Attorney David Rivkin to debate Harvard Law Professor at Texas Bar Association Meeting

The final word on the Obama administration’s signature health care law has yet to be spoken.  As the Supreme Court decision on the constitutionality of the Patient Protection and Affordable Care Act (aka ObamaCare) looms, organizations throughout the nation are lining up speakers and events to present their opinions—whether a pre-decision debate that might sway an undecided justice, or a post-mortem discussion on how the justices got it right or wrong.  Regardless of when the Supreme Court decision is handed down, the June 15 Texas Bar Association debate on the topic, the interchange promises to be both lively and substantive.

David Rivkin, an appellate attorney whom the Wall Street Journal credits with initiating the question of ObamaCare’s constitutionality and who represented the 26 states in the Florida health care lawsuit, will debate Harvard Law professor Einer Elhauge, who has filed amicus briefs asserting the legality of ObamaCare’s individual mandate.  The debate is scheduled for 9:00 am, on Friday, June 15, at the Texas Bar Association’s Annual Conference in Houston.

About The Texas Bar Association

The mission of the State Bar of Texas is to support the administration of the legal system, assure all citizens equal access to justice, foster high standards of ethical conduct for lawyers, enable its members to better serve their clients and the public, educate the public about the rule of law and promote diversity in the administration of justice and the practice of law.

The Texas Bar Association is the fifth largest organization of lawyers in the United States. The State Bar Act, adopted by the Legislature in 1939, mandates that all attorneys licensed to practice law in Texas be members of the State Bar. For more information, visit www.texasbar.com.

Source: http://www.officialwire.com/pr/debate-on-obamacare/

   

Were Obama’s Recess Appointments constitutional?

Constitutional Attorney David Rivkin to speak at American Enterprise Institute

Published on 14 January 2012

by Staff

(OfficialWire)

Washington, D.C. (USA)
OfficialWire PR News Bureau

The 2012 election year has just begun, and already controversies have swirled around a number of President Obama’s actions. Constitutional issues are at the forefront as the president seeks to improve his chances of reelection by delivering on his promises. But is the president violating the Constitution as he tries to implement his program of transformation? Constitutional attorney David Rivkin believes he is. The American Enterprise Institute (AEI) in Washington D.C. will be facilitating a discussion on one of the recent controversies, President Obama’s “recess appointments.”

On January 4, 2012, President Obama made the following appointments: Richard Cordray as Director of the CFPB; and Richard Griffin, Jr., Sharon Block, and Terence F. Flynn as members of the NLRB. At the time of the appointments, the Senate was holding a series of "pro forma" sessions. The U.S. Department of Justice claims that the President has the authority to make these appointments, in essence, to decide based on his own analysis about when Congress is in session. David Rivkin and other constitutional law experts disagree.

“The Constitution allows the President to make recess appointments only when the Senate is in recess; it does not guarantee [emphasis added] him the right to make one or more of such appointments,” says Rivkin in his written testimony to the House Committee on Oversight and Government Reform.

According to Rivkin, the Office of Legal Counsel “takes what was meant and written as a gap-filler or safety valve – what to do when the Senate is out of town and unable to confirm a nominee to a vital position – and converts it into an affirmative grant of power that guarantees the President the right to make some number of appointments without the Senate’s approval.” This will weaken Congress’ power.

Join David Rivkin with three distinguished lawyers on discussing the key constitutional issues that are essential for understanding this controversy, the precedents from similar disputes in the past, and the implications for the future if either the President’s position or the opponents’ position is ultimately upheld by the courts.

The event will be held Tuesday, February 21, 2012 at The American Enterprise Institute, Twelfth Floor at 1150 Seventeenth Street, NW in Washington D.C. at 1:30 p.m.  The event is free and open to the public; however, seating is limited.

For additional information, contact Steffanie Hawkins at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202-419-5212.

About AEI

The American Enterprise Institute (AEI) is a private, nonpartisan, not-for-profit institution dedicated to research and education on issues of government, politics, economics, and social welfare. AEI is a community of scholars and supporters committed to expanding liberty, increasing individual opportunity and strengthening free enterprise. AEI pursues these unchanging ideals through independent thinking, open debate, reasoned argument, facts, and the highest standards of research and exposition. Without regard for politics or prevailing fashion, we dedicate our work to a more prosperous, safer, and more democratic nation and world.

Source: http://www.officialwire.com/main.php?action=posted_news&rid=314398

   

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