not the nlrb, not congress. they can't do it without us, without us fighting to elect the right people who will stand up for working people. >> how close is that race going to be? mary burke against the sitting governor, scott walker? >> it's incredibly close. right now, they're within a point of each other. the margin of error. every vote is going to count. that's why you see the wisconsin gop trying to suppress votes, trying to pass laws that make it difficult for folks in our community to register. our organization is on the ground. we're going door to door. we're making sure people have the tools that they need. as an issue on the ballot so people can go out in wisconsin in november and vote to support raising the minuimum wage. we know if we get out there, if every single person participates, that we can take back our state. >> jennifer, good to have you with us tonight here on "the ed show." remember to answer tonight's question there at the bottom of the screen. share your thoughts with us. like us on fac

for its part the company promised to contest the nlrb decision. in a statement published on their website a top human resources said: . >> the n step in this process -- next step in this process involves hearings before administrative law judges. >>> when the main corporation brings a franchise holder into the family, does he or she become a partner, an employee or take on the risk of an independent business person? is it the nature of being a franchise holder that tells the tale or in the specific case of mcdonald's, how headquarters relate to tells the tale. what does it mean for the workers? a general counsel joins u, and elizabeth carlson, sa partner in a law firm, specializing in employment war, and joseph mccartin is the director of george town universities initiative on labour and the working poor. >> isn't it the - the pattern, isn't it a widespread practice to turn workers into some kind of subcontractors. not just in places like mcdonald's, but if we go into office buildings, and talk to the cleaners, they don't work for the lapped lords

this is the nlrb that the president tried to stack illegally and the supreme court ruled unanimously that the president violated the constitution to try to stack this. he wants to increase union membership in the country, and look, there are bipartisan deals on the table for energy and trade pacs and the president has not signed any of these and kill ing the clock for the next two years to go play golf and fundraisers and he is trying to increase the union membership so he can have better speaking gigs when he is done. >> and jonah, it does not ekuwait to more jobs with more union unions. >> you are right, and it mostly affects the consumer again, because there are low prices here at the mcdonald's, because of the low labor cost, but i don't understand how this is not going to help the local franchise if anything, and they are going to push the liability to a corporation with billions of dollars and that is liability and that is going to be passed on to the mama ship, and how is that not going to lower the cost of the employer who is the franchise owner? >> well, jonah, you have mcdo

let's say, go all the way out with nlrb. ruling, say we end one fast food worries able to unionize, and say they push for a $15 wage. how many mcdonald's franchises are closing, and why do you say that's unlikely to happen? >> first of all, i don't think it will be upheld in the courts. we have 32 years of presence in the judicial system and in nlrb's rulings in the past, in the 1980s, that suggest the franchise model does work. the franchisees do actually hire and fire people. they determine what the wage is, mcdonald's headquarters and -- >> i'm asking for the thought experience. >> basically what all the evidence shows is that when you increase wage, you mandate increased wages, you have uni i unionization, the costs go up, and you hire less people. the combination of cost increases and less -- >> there's a great deal of research showing quite the opposite. that when wages go up, these are stimulatives for -- >> that's right. there's a study of matched counties. this state, this state border each other, higher wage, no hi

was -- nlrb. spent as a result of congressional refusal, not as result of congressional action. >> that gets me to the second point, which is a may be true as a matter of raw power that the senate has the ability to sit on nomination for months and years at a time, but that is 100 miles from what the framers would have expected. if you like it what hamilton said in federalist 76 about the advice and consent role of the senate, he said he thought it would be a power that was rarely exercised and would operate, if at all, invisibly or silently. in the early days of the republic, advice and consent was a matter of days. >> you are making a very, very aggressive argument in favor of executive power now and it has nothing whatsoever to do with whether the senate is in session or not. you're just saying when the senate acts, in your view, a responsibly and refuses to confirm nominations, then the president must be able to fill those positions. that's what you're arguing but i don't see what that has to

what the nlrb says is it's not fair. submit under the rules a substantial number of cards or petitions to join the union there ought to be a vote within ten days. in most other democracies the vote is when the person signs the card or petition. >> they are off base and telling america what they think of wage earners and what they will do to dismantle efforts in the work place to have are a better living. good to have you with us. we'll follow the story for sure. that's "the ed show." "politics nation" with reverend al sharpton starts now. good evening. >> good evening, ed. thanks to you for tuning in. we begin with breaking news tonight. a humanitarian crisis and planning for a possible military action in iraq. nbc news reports president obama is now considering air strikes and humanitarian air drops to help tens of thousands of iraqi civilians who are under siege tonight by islamic terrorists. the militant group isis trapped up to 40,000 members of a small religious minority on a mountain top in northwestern iraq. >> th

nlrb ruling assembly -- interim process.ens, but 610 is about being able to have the rights to assemble and meet with other franchisees without having a corporation there. >> and you say the corporation purposely, and in your dealings with mcdonald's, have purposely sort of controlled your operation so much to the point that they leave you with small margins. that is what has been going on with greater and greater frequency in the industry. i started in this industry about 35 years ago, and now it is completely different, so as the corporations turn their attention more to wall street , theyay from main street have forgotten about what it takes to run a business and to be able to get margins for your own business. franchisees are told this is their own business. >> kathryn, it sounded like when we were reading through your post you recently wrote, it sounded like you were in support of the nlrb ruling, which would in fact consider the franchisee and the franchisor as one joint company. wouldn't you be against something like

nlrb was going to go dark, was going to lose its quorum. >> as a result of congressional refusal to >> that gets to the second point, which is that it may be true as a matter of raw power that the senate has the ability to sit on nominations for months and years at a time. but that is 100 miles from what the framers would have expect it. if you look at what hamilton said about the advice and consent role and thought it would be the power is rarely exercised and would operate if at all invisibly or silently. in the early days of the republic were advice and consent was a matter days. >> that's a very, very aggressive argument and it has nothing whatsoever with whether to do the senate is in session or not. when the senate acts in your view irresponsibly and refuses to conform nominations, the president must feel to fill those positions. that is what you're arguing. i don't see with what that has to do with whether the senate is in session. >> the recess power may now act as a safety ballot given the intransigence. >> it is to the availability of the senate. i think you said throughout

the case is nlrb v. canning, which dealt with the constitution of some of president obama's recess appointments. we will show you all of today's "washington journal" again. later, a hearing will look at the possible existence of extraterrestrial life. here's a look at what's ahead tonight on c-span2 at eight. more booktv. our focus is on the past and future of money. >> c-span2 providing live coverage of the u.s. senate floor proceedings and key public policy event. ended weekend booktv, now for 15 years the only television network devoted to nonfiction books and authors. c-span to create by the cable tv industry and brought to you as a public service by your local cable or satellite provider. watch us in hd, like us on facebook and follow us on twitter. >> more supreme court oral arguments now from this past term. today we're featuring the case of national labor relations board v. canning which deals with the constitution of some of president obama's recess appointment. we will get to that oral argument

if they're employees, as the nlrb found, we should treat them as employees. that does not mean that college athletics or athletes and other sports, women or -- it doesn't -- >> can i tell you -- >> it's not an either/or -- >> doctor, my university said if the unionation rule was applied, university of new hampshire, they feellike this will diminish the athletic program and it will diminish it for women and nonrevenue-aga nonrevenue-generating sports. i understand what you're saying but that's not what i'm hearing from other universities. >> i would say that probably a university president by the name of chicken little, might have been the first one to say that. because the sky will not, in fact, fall. by denying profit athletes just compensation in the market, does not preclude colleges and universities from supporting intercollegiate athletics as an educational opportunity. if they're employees they should have all the rights of employees. title 9 does not apply in an employee setting. >> i would like to see what mr. bradshaw has to say about what i just sai

the nlrb only would govern 17 out of the approximately 120 schools that play football. and so you end up with a potential arms race for those who can afford it and others as judge starr said may decide to make a decision to get rid of it. sports our competitive 17th of want to win are going to, you, pay their way up to win. >> i think if northwestern unionize as they will play 12 homecoming games i think is what they got to do. in the event student athletes unites and parties can agree on is a possible student athletes will strike a? >> traditional tool and collective bargaining, and that itself raises not only just the idea, seems to be unthinkable that the football team goes on strike. what about the non-scholarship athletes? that is the incoherence of the collective bargaining agreement. does that mean they walk out of class? if there in -- if their employees than what is the relationship to the academic enterprise. >> mr. eilers, i'm going to give you the final comment. when i was in college the students were true student athletes. our quarterback had a 4.0 is a phy

one year ago today when rodriguez and 12 other players were suspended by the nlrb for their connection to the clinic. >> viktor stalberg murderer represent herself and an upcoming sentencing retrial to determine whether she deserves the death penalty or not. was found guilty in april of 2013 of killing her lover. the jury however cannot agree on whether she should be sentenced to death. the judge was forced to declare a mistrial. the retrial is scheduled to begin in september. she strongly warned against it saying it was not done their best interest. terrifying moments for passengers. that happened monday when an air flight out of florida. >> passengers and flight attendant was in the middle of drink service. >> she took a beating. she looked a little dazed. everything flew up for two seconds. >> flight attendant and three passengers and injured. the planned landed safely. passengers have been offered $100 voucher for if they're inconvenient. >> 42 surfers off the northeast coast of england and was a once-in-a-lifetime experience. they made a new friend. an adorable young seal that tri

to the recent split decision that obama exceeded his authority to make recess appointments to the nlrbmr. estrada. our moderator is the referee of a bigger debate in new york staff writer from the four most journalist and television commentators covering legal matters matters, jeffrey toobin. let the debate begin, a gentleman. [applause] >> eight you. thank you. hello everyone. speaker boehner says the house of representatives will sue the president of united states for exceeding his authority. can the house to sue the president? >> it depends on the claim. back up. [laughter] it is a very difficult lawsuits to frame with the legal documents of the competency of the core. to fight those political branches. mostly the house will overcome a number of pieces that congressman is senators do not have standings in court. they're trying to do get around that with the boat of the house this is not the usual case somebody who lost out in the process is angry but really the institution but that raises a number of issues under case law if they can claim the legal injury that the law recognizes. u

. >> just look at what companies are saying, not just the irs, it's also the nlrb, also unjust regulations they feel from an irrational regulations chasing them. what strikes me as also that congress acts shocked that companies are moving overseas, given we know we're one of the only industrialized nations to tax profits when. congress and guys should realize the tax writing committee members are working for the likes of ge or gm, i sat in irs meetings with companies who come into ask for tax breaks. there's no way that congress should act like this is a surprise to neil: i can underst companies and we know the games go back and forth. but individuals, it takes a lot to get an individual to say i'm leaving, i don't know where they go. numbers are significant enough to say this is worrisome. >> and started about ten years ago, yes, you're absolutely right, there was a beginning burgeoning trend of individuals renouncing citizenship in the united states, because they saw that the only way they're going pay for that debt is go after individuals and companies. when you look at it, the presiden

the nlrb is having an impact on the franchise industry and what that will mean for the economy. interest rates are considered low. interest at 2.1%. as you reported on this network just this week, it's impacting people in terms of groceries, in terms of gas. there's a lot that's happening for individual wallets, and that's going to feed into a downturn in the market. neil: fears that it could if it mushrooms. argentina in default on making payments. according to moody's it is not alone, 11 other countries on the brink of bankruptcy, and also facing the possibility that debt succeeding whatever money they're taking. in lauren does, that concern you? another contagion? >> a burch of countries across the world. inflation, huge, 40, 50% in argentina and venezuela. political issues, corruption. these are countries that are having financial problems because of a host of different. i looked at the list. ecuador, you will probably put it up momentarily. other countries not on the list, i think, oh, they have a problem too or not headed in the right direction. neil: i heard one, the unit

one of the things we said is if a federal agency, e.p.a., nlrb comes out with a rule or regulation that is going to have a negative impact on our economy, it has to go through congress. if it's good policy and supposedly save lives and be important for the nation, then let it go through congress and state your case in public venues, not a bunch of close-door meetings but hold hearings in public and if it is good policy, it will rule the day. but somebody's idea part of their agenda that is going to hurt the economy, it should go down and not be dumped on the american people and wonder why the jobs go to china. the rains act has been sitting in the senate for over a year. great example of how you can put checks and balances on federal agencies so unelected bureaucrats won't do things that lead to devastating impacts not only to jobs, but also things that increase our costs. you are paying more for electricity today and higher electricity costs not because of things that are coming out of laws, but things that are coming out of rules and regulations by unelected bureaucrats in washington.

now, in this case the president got really frustrated because he could not get -- keep the nlrb, the national laborrelations act, fully satisfied and it's true mean his appointees were not timely confirmed to that board. that wasn't really the case with the people that he -- recess appointed, who he recess appointed a nanosecond after he was named. they didn't even have their questionnaires into the senate. at the time the senate was coming in for what the senate called a session every three days and what happened at the session was the senator who was in charge of the chamber that day, a member of the president's party, would gavel the senate senate into session and then 40 seconds later ungolf -- ungavel them out. the president says you're in reassess, you're not confirming my nominee, and named people to the nlrb. he was charmed baconning company, and -- charged by a canning company -- steve said i represented people who were also challenging who happened to be -- i forget the exact number -- i think 44 randomly selected members of the senate, and -- >> he is joking, all the repub

you've got the activities, for example, of the nlrb and the general counsel's ruling in the mcdonalde. and you have a variety now of distortions of the federal securities laws to promote social purposes, rather than meaningful disclosure. and all of that is adding to the costs of corporate business. >> yeah. the mcdonald story is something. real quick, marty, what's the next big event you're looking for to give that confirmation that we have turned the corner. >> i think we're going to keep looking at the employment numbers, and seeing whether they're continuing to expand. i think they will be. >> gentlemen, good to have you on the program, we so appreciate your time today. >>> marty feldstein and harvey pitt. >>> the crisis on our southern border as we are looking ahead this morning on "sunday morning futures." many of my patients still clean their dentures with toothpaste. but they have to use special care in keeping the denture clean. dentures are very different to real teeth. they're about 10 times softer and may have surface pores where bacteria can multiply. polident is designe

so the same through-in the nlrb board decision that happened the week before. that decision was portrayed by the press as a slap against the obama administration. it was not, also justice scalia explained. it set up a process whereby anytime congress takes a vacation more than ten days the president of the united states can appoint anybody he wants. that's in the decision. the states would have been the normal check on the federal government. this is what the founders thought, why the founders believed the constitution was a compact not only of the people but the state. the federalist paper said the federal government will not get too a big because the states won't stand for: that's been overthrown because of the nasty legacy of states rights rights t that meant. doesn't discredit at the con scent of states rights which knees to come back, and kneed to disconnect from the good principle of states rights. but that has proved not to be enough of a check. the final check unfortunately, unfortunately, is us. and we're seeing that. but what we're seeing in murrieta

later the supreme court oral argument in the case of nlrb versus canning dealing with the constitutionality of some of president obama's recess appointments. here is a look what is ahead tonight on c-span2. more booktv. the future of money. hear from author michael lewis on his book, "flash boys" a wall street revolt among others. c-span3, looks at civil war battle of fort stevens the only battle to take place in washington d.c. on c-span at eight, a look back at the hearings on general motors recalls. you will hear testimony from gm ceo mary barra and compensation fund administrator kenneth feinberg. here's preview. >> more than a decade ago gm embarked on a small car program, sitting here today, i can not tell you why it took so long for a safety f defect to be announcd for this program. but i can tell you we will find out. this is an extraordinary situation. it involves vehicles we no longer make but it came to light on my watch, so i'm responsible for resolving it. when we have answers, we will be fully transparent with you, with our regulators, and with our customers. while i can not t

same thing true of the nlrb, national labor relations organization the week before.i whisper trade against the obama administration and absolute must not and we explained in instead set up a process whereby any time congress takes a vacation with an 10 days, the president of the united states can appoint anybody he wants. his face would've been a normal check on development and by the founders believed those compact not only of the people. he says the federal government would never get to make the state hold hands for it. that has been partially overthrown because of the nasty state rights and what that has historically meant. that doesn't discredit of the need to come back in a major way. we need to disconnect the nasty history states rights on the good principle of state rights. but that is proven not to be enough of a check. the final check unfortunately is us. and we are seeing now. what we see is the buses are turning around. the american people don't understand. the american people do not understand the fundamental truth. the fundamental truth that every govern

and later, the supreme court oral argument in the case of nlrb v. canning dealing with the constitutionality of some of president obama's recess appointments. >> here's a look at some of our prime time programming. on c-span at eight, a look back at the congressional investigations into the general motors recalls. on c-span2 at eight, more booktv. our focus will be on the past and future of money. and on c-span3, american history. tonight's theme is the civil war battle of fort stevens. >> here are some of the highlights for this weekend. friday on c-span in prime time we'll visit important sites in the history of the civil l rights movement. saturday night at eight, highlights from this year's new york ideas forum including cancer biologist andrew his el, and on sunday, q&a at 8 p.m. eastern. friday night at eight on c-span2, in depth with reza aslan. saturday at 10, retired neurosurgeon and columnist, ben carson. and sunday night lawrence goldstone on the competition between the wright brothers and ben curtis to be the predominant men in manned fl

that probably is not true for us , but this and rrb ruling is -- nlrb ruling is about getting members to unionize, they would have $850 million in dues they do not have now. it is about the money and the business model, and i'm not saying that the union is good or bad. if you are a coal miner, you probably need a union. whether or not one shot as opposed to another shop needs to be unionized because of working conditions, i do not know, but again, it is a workplace by workplace model to organize a workforce. >> and it has been hard for them. >> yeah, it attempts to change the law to make their job easier than it has historically been. sot makes me wonder if it is difficult to organize these workforces, perhaps because the workers are not interested, and the ones that are, they should be able to organize into a union. --then, of course, the si seiu would say they are, but it is a big process going to restaurants to restaurant to coalesce workers, then you could do if they were in fact under one about. robert, there is so much more to this story. we will bring you back on. thank you for

it is technically a charge, not a ruling because it is from the general counsel of the nlrb, not thel has to go through the board, write? >> right. it will go through the board. this,udges might uphold but i would be surprised to find it stand because it is a major rewriting a franchisee law and has major applications for all sorts of businesses -- everything from foot -- fleming -- everything from plumbing to mary kay. that would have an impact on millions of people. >> you wrote a couple of other columns that i thought were interesting, another one tackling walmart and the idea that walmart offers medical services -- you can go there for your physical versus going to your local doctor's office, and it makes sense. speaking of businesses that are not run that well, i am not sure there are many small doctors offices run that great. >> it is hard. you do not go to medical school because you have amazing administrative skills. you go to medical school because you are good at doing medicine. administrative overhead is multiplied. as you have the need for things like information technolo

lrb is a front for a labor.t. 30 years of legal precedents and it is not just the nlrb. department of labor has it out for franchises. this is an unprecedented decision, lawless. stuart: it is based on politics. >> this is an unconscionable decision, they have it out for a certain kind of business model, that is all this is because of big labor. >> all i am saying is from the standpoint of legal issue it is determining whether the control exercised is such interfered with hiring, wages, benefits. >> absolutely absurd. >> in this case it appears mcdonald's went a little bit above and beyond, the more control the franchise exercises the more risk involved. >> changing the law by fiat. >> then you win. stuart: paul, thank you very much for joining us, we do appreciate it. next, the freedom to worship is under siege. americans will still be here. she will break down her editorial in just a moment. we never thought we'd be farming wind out here. it's not just building jobs here, it's helping our community. siemens location here has just received a major order of wind turbines

one of the things we said is if a federal agency, e.p.a., nlrb comes out with a rule or regulation that is going to have a negative impact on our economy, it has to go through congress. if it's good policy and supposedly save lives and be important for the nation, then let it go through congress and state your case in public venues, not a bunch of close-door meetings but hold hearings in public and if it is good policy, it will rule the day. but somebody's idea part of their agenda that is going to hurt the economy, it should go down and not be dumped on the american people and wonder why the jobs go to china. the rains act has been sitting in the senate for over a year. great example of how you can put checks and balances on federal agencies so unelected bureaucrats won't do things that lead to devastating impacts not only to jobs, but also things that increase our costs. you are paying more for electricity today and higher electricity costs not because of things that are coming out of laws, but things that are coming out of rules and regulations by unelected bureaucrats in washington.

the president got frustrated because he could not get the nlrb staff fully staffed.is true that many of his appointees were not timely confirmed to the board. but that wasn't really the case with his recess appointments. the folks had not even had their questionnaires in to the senate. at the time, the senate was coming in for what the senate called a session every three days. what happened that the session was the senator in charge of the chamber that day, a member of the president's party, gaveled the senate into session and 40 seconds later they would level the senate out of session. nothing was done in these sessions. the president said you are effectively on recess. you are not confirming my nominees and named people. i represented some people who were also challenging. i forget the exact number. i think 44 randomly selected members of the senate. >> it was all the republicans. >> yes. we went into the d.c. circuit on broad grounds. the circuit said the appointments were unlawful because under the original understanding of the constitution, you could only appoin

the nlrb is trying to turn franchise owners into joint employers with franchisees' employees, we don't employ those people, to make it easier to unionized companies like mcdonald's they are trying to make us join employers. the epa is trying affect to enact cap and trade through regulation with their clean energy proposal, clean energy regulations to limit coal production. coproduces 40% of the energy in this company, driving up for business, energy prices up for consumers, they have less money to spend. you can go on and on with the regulatory anti business policies of this administration. why the president doesn't see that i'm not sure but he doesn't. stuart: he wants to make the democrats look as good as they can for november. i think he has an uphill struggle. thanks for joining us, we do appreciate it. i want to move on, the dow down 70 points, the slide is stops but look at this number please. we have the actual number but we couldn't fit it all into one graphic. what we are looking at is the amount of money by which the federal debt has climbed in the five obama years. from the

go on to point out some of the stuff that is, i don't think people really thought this through, the nlrbally now get all the way up to general managers that are now working with performance-based bonuses, they want those guys just to be hourly employees, just put their time in and it has nothing to do with earned success or performance base. it seems like that is the zeitgeist from this administration. that we're moving towards. and they don't see any disconnect between that and the type of the results they're getting. >> well hopefully you won't get a lot of pushback in this country for saying the kinds of things that i said. i hope people will listen and pay attention and kind of look at what's happening between the government and business. because, businesses do create the jobs. businesses do create the opportunities. businesses do allow you to lift yourself up to another level and if people have been successful. look i started with nothing. i had no family support through college or through law school. i worked my way up. i really appreciated the fact that i had the opportunity to do