<\/p>\n
This administration may have made one of the dumbest decisions in the history of the U.S. Presidency.\u00a0 Many Presidents have made important appointments while the Senate was in recess, in order to by-pass opposition.\u00a0 George W. Bush appointed John Bolton to be Ambassador to the UN under a recess appointment.<\/p>\n
But Obama brought this to a new level.\u00a0 He pushed through recess appointments when the Senate was technically still in session.\u00a0 He decided that if he didn\u2019t feel the Senate was in session, it wasn\u2019t.\u00a0 \u00a0How incredibly arrogant.\u00a0 Obama felt that he alone could decide how the Senate was going to operate.<\/p>\n
The Supreme Court is hearing arguments regarding the ability of any President to make recess appointments and the results are likely to be a severe limitation on Presidential power.<\/p>\n
Here is what the constitution says:<\/p>\n
\u201cThe President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.<\/i><\/strong><\/p>\n The D.C. Circuit court said that a President can only make a recess appointment if the Senate is in recess and the vacancy occurred during the recess.\u00a0<\/strong><\/p>\n It is always risky to predict Supreme Court decisions, but in this case even Obama appointees appear to be skeptical of the administration\u2019s logic.\u00a0 Justice Elena Kagan, appointed by Obama, said the following:<\/p>\n When it comes to deciding when the Senate is in recess, \u201cthe history is entirely on the Senate\u2019s side, not your side.\u201d<\/strong><\/p>\n Justice Stephen G. Breyer said:<\/p>\n I can\u2019t find anything that says the purpose of this clause has anything to do with political fights between Congress and the president.\u201d<\/i><\/strong><\/p>\n Even Justice Ruth Bader Ginsburg added the following:<\/p>\n \u201cThe Senate \u2013 I think to be candid – – the Senate is always available.\u00a0 They can be called back on very short notice.\u201d<\/i><\/strong><\/p>\n Based on these comments it is quite possible the Supreme Court is going to rule that the constitution means what it says.\u00a0 If they do that, it will be a devastating blow for a president who has ignored the Constitution on a regular basis.\u00a0 It will be a slap shot to the face of this administration.\u00a0 This won\u2019t stop with recess appointments.<\/p>\n TDM<\/p>\n","protected":false},"excerpt":{"rendered":" This administration may have made one of the dumbest decisions in the history of the U.S. Presidency.\u00a0 Many Presidents have made important appointments while the Senate was in recess, in order to by-pass opposition.\u00a0 George W. Bush appointed John … Continue reading