Recess! Bullying on the Playground? - The Truth about Recess Appointments

It seems every time Congress goes on recess, the President makes a recess appointment or several. And every time, his opponents cry foul. "Unconstitutional," "illegal," "impeach him," "cheating." The truth about recess appointments is very different from what the TV and radio pundits would like you to believe. A simple search of recess appointments and President Obama makes it clear that this is a constant source of controversy. Search further back and it is easy to find kick back for every President who has ever made a recess appointment.

So here is a bit of truth:

- Recess appointments are constitutional.

Article II, Section 2: "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 Constitution allows the President to appoint people while Senate is in recess. It does not require that he ask their permission and does not call for any special circumstances.

- Every President has made recess appointments.


George Washington made recess appointments (His didn't turn out so well. The man tried to commit suicide and ended up resigning.)

Conservatives may be surprised to know that Ronald Reagan made more recess appointments than any other President in history (243 according to USAToday, 4/5/2007).

- Some recess appointments remain famous.



John Rutledge, whose appoint

didn't turn out well



George Washington, used his
recess appointment power
 to appoint John Rutledge





George Washington appointed John Rutledge as Supreme Court Chief Justice (He's the one that went nuts!) Dwight Eisenhower appointed William J. Brennan to the Supreme Court. George W. Bush appointed William Pryor and Charles Pickering to the US courts of appeals.



Recess appointments are legal and have been used by nearly every President to avoid having to sit through the Senate's arduous interview processes. Also, because of the Senate's parliamentary rules which allow the minority to filibuster, to hold up anything on the floor, it can be very difficult for the President to be able move nominees through.





A Tiny Note of Sanity in Washington, DC: Republicans Who Get It!

Lest you think that I never side with Republicans... here is a letter that I applaud.

Click here to read the text of the letter!

 

 

 

In the letter, signed by U.S. Senators Tom Coburn, M.D. (R-OK), John McCain (R-AZ), Jim DeMint (R-SC), John Ensign (R-NV), Ron Johnson (R-WI), Rand Paul (R-KY), Mike Lee (R-UT) and Kelly Ayotte (R-NH) makes it clear that these Senators will not tolerate any more pork and unconstitutional bills.

Programs reviews and reasonable spending cuts are the key.

This is one part of this that I LOVE: All bills must be available to the public three full days before the bill is presented for a vote with a cost estimate from the CBO!

Finally, someone sets a tone in Congress that says, "We will not have unreasonable, un-reviewed bills shoved down our throats. You must prove to us that you need this bill before we will even try to vote on it!"

I propose that Governor Walker and his Republican minions in Madison sign the exact same commitment! Give the public time to review your bills and the Senators commit to allowing no bill or part of a bill that is not financially responsible!

(Recent Walker-schlock that has been passed or is offered that this letter would stop: selling state energy assets without bids, capital gains tax cuts with a massive deficit, tax cuts for businesses that relocate to Wisconsin with a huge deficit, eliminating/reducing existing earned income credit to families, who are paying for this huge deficit.)