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You go to the store and you see a bunch of Pepsi cans on the shelf, and who would think that that's linked to an important constitutional question that's coming up right now, one that I'm

going to talk about briefly. So in 2010,

Noel Canning, a small bottler of Pepsi products in Washington State, found itself at the center

of a case that would ripple through constitutional law. There's a dispute. And Noel Canning

and his employees' union are negotiating agreements seem to be reached, but

when the union's proposals were ratified, Noel Canning refuses to sign.

He claimed they were just talking.

So when I said I was going to give you this or that and then you went back to your employees

and got the approvals,

we were just talking. We were just shooting the breeze. These type of things are covered in what are called fair negotiations with unions. You can't just do anything you want, in other words.

So the union cries foul, files a complaint, escalates the issue to the National Labor Relations

Board, NLRB, the NLRB rules for the union. But then Noel Canning tries something else. Well,

the NLRB is not acting constitutionally because its personnel is not constitutional. What do you mean by that?

The board's decision would soon hinge on an obscure clause of the Constitution. The recess

...