Bush recess appointments disgraceful

[dajoki]

NYT
http://www.nytimes.com/2006/01/09/opinion/09mon1.html?th&emc=th

President Bush at Recess

Published: January 9, 2006

It is disturbing that President Bush has exhibited a grandiose vision of executive power that leaves little room for public debate, the concerns of the minority party or the supervisory powers of the courts. But it is just plain baffling to watch him take the same regal attitude toward a Congress in which his party holds solid majorities in both houses.

<<snip>>

Among those Mr. Bush unilaterally elevated to important posts this time around was Julie Myers, a government lawyer with ultrathin credentials whom Mr. Bush appointed to head the 15,000-person Immigration and Customs Enforcement agency, the government's second largest investigative force.

Also on the list was Ellen Sauerbrey, the unqualified political crony Mr. Bush chose to head the billion-dollar-a-year State Department office that helps coordinate emergency relief efforts for refugees abroad, and whose nomination had stalled for just cause in the Foreign Relations Committee.

Mr. Bush also bypassed Senate hearings on a new deputy defense secretary and for three of the six seats on the Federal Election Commission. The election commission appointees include Hans von Spakovsky, a Justice Department lawyer who overrode the objection of career lawyers to gain approval of a Georgia voter identification plan almost certain to harm black voters.

[spindrifter]

1. Some dare call it chickensh*t.

For some d*mn reason Chimpy takes an end run around the normal process of confirming appointments and puts in the lightweight croneys. Then he takes the hit when they prove themselves incompetent. On the one hand, it serves him right. On the other hand, we can't take much more ineptitude from his appointees.

[dajoki]

2. you would think...

they learned their lesson already.

[TechBear_Seattle]

3. What, really, is the precedent?

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.

Article II, Section 2, para. 3, United States Constitution

It seems to me that the President may only issue recess appointments if the vacancy occurs while the Senate is in recess and not just because there is a vacancy while the Senate is in recess. Does anyone know if either interpretation has actually been tested? Would it be possible for the President to simply appoint Alito to the Supreme Court during, say, the Senate's summer recess even if he is voted down?

[spindrifter]

4. Excellent find!

Maybe we need to send this to our Senators as a little reminder that there is a whole lot of usurping going on at the WH. In fact, I wonder if we could organize meetings with them to let them know this is a major concern.

[TechBear_Seattle]

6. But if the precedent has always been vacancies *during* a recess...

Then the precedent is there and we just have to live with it.

If all -- or at least most -- recess appointments in the past have been vacancies that occured while the Senate was in recess... that becomes a different legal matter entirely, and a case can be argued that what * is doing is unconstitutional. Oh, I hope annonymous me didn't just annoy the President :hi:

[dajoki]

7. i think...

we all annoy the pretzeldent.

[spindrifter]

8. Looks like the issue

has not been addressed directly. See Evans v. Stephens, 125 S.Ct.1640, cert denied.
The cases would be precedents, the behaviors are not.

[dajoki]

5. good question n/t

[Supersedeas]

9. Second that

[dajoki]

10. will help fix elections...

Mr. Bush also bypassed Senate hearings on a new deputy defense secretary and for three of the six seats on the Federal Election Commission. The election commission appointees include Hans von Spakovsky, a Justice Department lawyer who overrode the objection of career lawyers to gain approval of a Georgia voter identification plan almost certain to harm black voters.