Recess Appointments

[Geoff R. Casavant]

Here's one for the strict constructionists: Con law is not my specialty, so I hope there's someone here who can point out the flaws in my reasoning.

From the Constitution:

"The 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."

The use of the word "happen" appears to indicate that the vacancy must actually begin during a recess. A vacancy that occurs prior to a Senate recess should not be fillable by recess appointment.

So, re: Bolton. Has the vacancy not actually occured yet (i.e., the former UN ambassador is staying on until confirmation, and will simply resign during the August recess, thus making the vacancy happen during the recess), or is there case law that arrives at a different interpretation, or what?

[shraby]

1. I read that too and interpreted it to mean

that the vacancy had to occur during the recess, not before.

[ncteechur]

2. That is how I interpreted it. The vacancy occurred prior to the

recess making a recess appointment invalid. Of course, these guys break the law every day and don't think much of the Constitution anyway. Why would they let a little thing like the law stop them now.

If Bush tries to do this, what remedy is there?

[Nikki Stone 1]

3. kick

:kick:

[Geoff R. Casavant]

4. I've never been kicked before

is that good?