the same thing is true of the nlrb, if it doesn't have a quorum, three out of its five members. the policies of both agencies are opposed by groups who will certainly have the standing to contest the authority of the president to make these appointments. if they win those cases, the agencies may not be able to act and their inter im interimactio actually be held to be invalid. fourth, an argument can be made that the senate has already considered cordray and rejected him when it could not assemble 60 votes to bring up the nomination for debate. so the argument usually advanced to support recess appointments that the senate's absence in a recess makes it impossible for the president to appoint an officer and receive senate confirmation doesn't really apalestine this case. fifth. until these machine warecent ap the accommodation that seems to have been reached between the president and senate, that the president could make intrarecess appointments if the senate was out of session for an extended period. before these appointments, the shortest prior intrasession recess appointment

. >> they are he' taking an economic flogging, a verbal flogging and dodd frank, obamacare and nlrb yet's amazing, the only reason they're keeping the private sector afloat is so that they can loot the private sector for biden to say that is outrageous. >> and joe biden, i guess plagiarized a speech way back when from a socialist-- >> neil kinic. >> and this is the guy telling us all about how, you know, that they're so in favor of the private sector. and this, it's almost unspeakable. it's a joke, right? >> dagen? >> i meant labor pared by the way, neil kinic. and what is astonishing, when he's talking private sector, talking to a group of workers that would not have jobs without the government. it's very clear with this administration, they aim to punish real private sector success and believe in the power of government and the good of government. but this is not-- these are just, this is a business, these are businesses in the auto industry, that would not be-- that got bailed out by the government, instead of truly supporting private business, that succeeds or fails on its own merit

but the recess appointments made by president obama a while back to the nlrb. is there a situation similar to that in the history of the senate, or by a previous president, of appointing someone to a federal agency under those circumstances that you're aware of? >> well i mean, if you look at ce of legal counsel, they go through a variety of presidents. they look at the laws that exist, tradition. and the conclusion they reached given the length of the recess, 20 days or so, that the appointments were in fact appropriate. it is obviously something that the courts are going to ultimately decide, but i think that the olc opinion was accurately described. >> thank you. senator alexander will have a discussion with you. i take a different view. i'll let him discuss it with you. maybe last week a plea bargain with the military commission detainee who was one of the ksm close confitdantes. and i know mark martin is the chotf good defense team down there. i do support article 3 courts, terrorism trials where appropriate. i want to acknowledge your support for military

elements we have not seen that, and i think his pledge to raise taxes, obama care, the actions of the nlrbiven up, all of these are looking -- when people look to the future they say, i'm not so sure. while we're having a recoveries i think republicans have a opportunity to point out how much better we could be doing. >> 8% as unemployment, is that the key? >> i think 8% is a pathetic number, but if we fall below that before the election -- >> if we get there -- >> anytime the unemployment goes down, it helps the id

when the nlrb tried to keep boeing from opening a plant in south carolina, it sent a signal across businesses right to work states, limiting their freedom. when general motors shares were directed to the uaw, political payback replaced the rule of law under bankruptcy. rule of law is absolutely fundamental to the functioning of a free economy. when the free market is imperative in this nature, it is devastating to opportunity and when the heavy hand of government replaces the invisible hand of the market, economic freedom is the inevitable victim. for centuries, the american dream has met the opportunity to build something new. some of america's greatest success stories are the people who started out with nothing, just a good idea, perhaps, in a corner of their garage. too often today, americans look at what it takes to start a business and don't see promise and opportunity. they see government spending in the way. the real cost is not just the taxes paid and the money spent complying with the regulations. it is the businesses that never get started. the ideas that are never pursued, the drea

chamber of commerce filed a motion to have president obama's nlrb appointments nullified.was another california of obama overreach. that's not all for the regulator in chief. the obama administration has enacted 32 new major regulations, rules that carry an estimated price tag of over $50 billion in total. let's talk to senator ron johnson, a wisconsin republican and our friend bob luts, former vice chair of gm. mr. lutz, it's want to start with you. one of the regulatory issues is the battery driven chevy volt. you were the father of the volt. the thing's become a political football. criticism left and right. why is that? is the government preferences unjustified for your volt? >> well, no. the volt was started as a program in '06. it was shown at the detroit auto show in '07. the best i know obama was elected in '08. so the obama administration has nothing to do with the volt but that keeps getting for got i don't know by the right-wing pundits. >> i don't know whether i'm a right-wing pundit. i'll concede the point. i noknow you're right. i would blame george w. bush. i

the nlrb has the backing of the unions.ng to coerce businesses, get rid of states' rights and if need be, they will physically intimidate corporate america. >> sean: the senate was still in session. look at the specifics of this, an intimidation manual where they're going to target people, they're going to charge people with racism, sexism, they're going to threaten employers with government action, damaging the public image of business. anything and everything. >> it's ludicrous. >> sean: either you give in or we'll destroy you. >> it's hypocritical because the left is to quick to criticize this offensive rhetoric but they're supporting threats to people's livelihood. >> sean: they're talking about getting a little bloody and get out in the streets. >> they're teaching the leaders, and the new leaders have to learn the occupy tactics. in fact, they've taken the occupy whole thing under their wing. that's going to be their, i think in my opinion, their anarchis itic arm. they will be the ones that go out there and physicall

>> do you think the nlrb has changed the way -- >> they couldn't do car checks, so you don't even have to tell companies now. two weeks, boom, you can do it. all kinds of thing has executive power has been able to -- >> we did have a guest host who said his company looked at opening a new factor and ended up doing it in china instead of the united states because of the nlrb. >> rhetoric matters, too. even if that's all you grant me. >> i'll give you rhetoric. >> ross westgate is standing by in london. and we saw the big gains tip ov continue overnight in asia. >> yeah, we're not quite at the session highs. we've pulled back from those which we hit about an hour and a half into the morning. you can see on the chart we were stronger around sort of an hour and a half ago on the dow jones stoxx 600. ftse 100 had gains yesterday of 0.8%. currently just up a quarter of a%. we were up 0.8% earlier. it's been a classic qe play in terms of the gainers because basic resources, one of the top performers today, it's been a big underperformer because of fears of china slow down. banks up cyclical a

the epa, which we're winning, the nlrb, which we won.nt issues about the invasion of the federal government on our states. but this is the biggest case really one of the big cases of our lifetime. just the ramifications are so very great. >> how about the medicaid provisions it that were discussed yesterday that in it op-ed piece, it says that because it's a voluntary federal/state partnership, that the idea that there is something unconstitutional with the medicaid -- they're going to expand it drastically and if you don't sign on, either's almost extortion. or does the times have a point here that that is not unconstitution al, is it? >> the word that continues to be used is coercion. because basically at the give you a choice that really isn't a choice. and i think justice scalia repeatedly referred to and other justices picked up on it, as well, is somebody put as gun to your head and said your money or your life. i guess you are voluntarily giving over your money. and obviously we don't really have a choice. the reality is you you l

fact, you want to improve, and every new piece of regulation coming out of the epa, coming out of the nlrbs made it more and more difficult for businesses to improve. dodd-frank, for example, made it more difficult, not for the big banks in new york city but the small community banks in my district to make lending their cost of capital has gone up because the cost to run their banks because of all the new additional regulation has gone up. so, you know, that's point that governor romney was trying to make there. simply, if you want the economy to turn around and you want america to remain the innovative capital of the world, you've got to make sure government is not stifling that entrepreneurial spirit. >> congressman schock, willie geist, good to see you again this morning. you've been spending a lot of time with mitt romney around your state of illinois there, not just in the chicago area but down in the state. i'm wondering what his case has been to the voters in the state of illinois about moving on without rick santorum at his side? he's made nationally very public his desire for rick

they got everything else, short of, that they got the nlrb appointments, they got a pseudo card check. i wonder whether this -- whether they're just trying to most fate. then you've got plouffe saying that obama's got the big monetary advantage. this one in "the new york times" says don't assume you're going to be able to compete super pac wise with the republicans. but these things, i think -- >> they're trying to gin up their donors. >> i think they are. they're trying to gin up the donors, exactly. >> yes. but as for labor and blue collar workers, that's a distinct area of weakness for obama. you say they got everything but card check. they also got 8%, 9% unemployment. >> and they didn't get key stone either. >> when they're hurting -- >> obama, relatively speaking, has had less fallout among some of the people at the top of the income scale than the bottom. that's why when you look at team obama and they look at where their coalition has changed and eroded, it's the working-class voters that republicans have been doing increasingly well with in recent elections that they're signi

the nlrb is supposed to be a nonpartisan mediator to deal wish issues between the unions and the privatethey put in place this left wing unionist to run this thing. it's become highly partisan. look what they did to boeing when they tried to attack boeing for building a plant in south carolina. now, let me tell you how they don't think things through. i'm looking at this, i'm a decision maker, i decide are we going to build a plant here, our group does, or are we going to china, after what they did to boeing telling them where they had to build the facility and who they had to hire and pay. after what they did to bogue, they can do it to us, we're not building here anymore, we're going to china, where we're welcome and they would love to have us there, you multiply me by the other thousands out there, it's a jobs problem because we're not going to put money into brick and mortar here. >> have you made a decision to actually put something overseas? >> yeah, there's one decision that would have been made, it probably cost 600 or 700 jobs and it's not a lot, but multiply it by 2,000 or 3,00

. >> the recess appointments made by president obama a while back to the nlrb, is there a situation similar to that in history of the senate of appointing someone to a federal agency under those circumstances, that you are aware of? >> if you look at the 23-page report by the office of legal counsel, they go through a variety of precedence. they look at a loss -- look at tradition and the conclusions they reach was that given the links of the recess, 20 days or so, that the appointments were, in fact, appropriate. it is obviously something the courts will ultimately defense predict ultimately decide, but i think the opinion was accurately cry. >> i think center alexander will have a discussion about that. i think maybe it was last week we had a plea bargain could the military commission detainee who is one of the ksm close confidence. i do support the article for terrorism trials when appropriate. one should not lecture support for military commissions inappropriate circumstances, and with your help, i think we have these things up and running. i look forward to more action coming out of gu

. >> the recess appointments made by president obama a while back to the nlrb, is there a situation similaro that in history of the senate of appointing someone to a federal agency under those circumstances, that you are aware of? >> if you look at the 23-page report by the office of legal counsel, they go through a variety of precedence. they look at a loss -- look at tradition and the conclusions they reach was that given the links of the recess, 20 days or so, that the appointments were, in fact, appropriate. it is obviously something the courts will ultimately defense predict ultimately decide, but i think the opinion was accurately cry. >> i think center alexander will have a discussion about that. i think maybe it was last week we had a plea bargain could the military commission detainee who is one of the ksm close confidence. i do support the article for terrorism trials when appropriate. one should not lecture support for military commissions inappropriate circumstances, and with your help, i think we have these things up and running. i look forward to more action coming out of guan

. >> the recess appointments made by president obama a while back to the nlrb, is there a situation similar to that in history of the senate of appointing someone to a federal agency under those circumstances, that you are aware of? >> if you look at the 23-page report by the office of legal counsel, they go through a variety of precedence. they look at a loss -- look at tradition and the conclusions they reach was that given the links of the recess, 20 days or so, that the appointments were, in fact, appropriate. it is obviously something the courts will ultimately defense predict ultimately decide, but i think the opinion was accurately cry. >> i think center alexander will have a discussion about that. i think maybe it was last week we had a plea bargain could the military commission detainee who is one of the ksm close confidence. i do support the article for terrorism trials when appropriate. one should not lecture support for military commissions inappropriate circumstances, and with your help, i think we have these things up and running. i look forward to more action coming out of gu

when the nlrb tried to keep going from opening a plant in south carolina, it sent a signal across businesses of all, that they should be dissuaded from making investments in right to work states, limiting their freedom. when general motors shares were directed to the uaw, political payback replaced the rule of law under bankruptcy. rule of law is absolutely fundamental to the functioning of a free economy. when the free market is imperative in this nature, it is devastating to opportunity and when the heavy hand of government replaces the invisible hand of the market, economic freedom is the inevitable victim. for centuries, the american dream has met the opportunity to build something new. some of america's greatest success stories of the people who started out with nothing, just a good idea, perhaps in a corner of their cross. too often today, americans look at what it takes to start a business and don't see promise and opportunity. they see government spending in the way. the real cost is not just the tax is paid and the money spent complying with the regulations. it is the businesses bet