Senate Recess Appointment Ploy: A Potential for Backfire

[CorpGovActivist]

Like many, when I first heard that Senator Reid had thwarted President Bush's penchant for making controversial recess appointments, I chuckled and said, "Finally. Harry shows a little spine."

But the parliamentarian / Constitutional law scholar in me had deeply-held misgivings, too: "This will provoke an Executive abuse."

http://www.law.cornell.edu/constitution/constitution.articleii.html">Article II, Section 3 of the United States Constitution reads as follows, in relevant part:

"He <the President> ... may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ..."

Scenario 1: Bush declares an "extraordinary occasion," and requires both houses to convene.

Scenario 2: Bush declares that the mis-match of agreed-upon adjournment between the houses allows him to "adjourn them to such time as he shall think proper," and then makes his recess appointment.

Thinking forward to a time when control of the houses may be split, Scenario 2 is an especially pernicious possibility.

- Dave

[bullimiami]

1. adjourn and recess are not the same thing and he cant force them into recess.

[CorpGovActivist]

4. Recess Is a Lesser Included form...

... of adjournment. See the history of recess appointments:

http://en.wikipedia.org/wiki/Recess_appointment

- Dave

[aquart]

2. So DON'T exercise our rights because Bush will circumvent them?

Thank you for your concern.

[robinlynne]

5. I think this is the appropriate answer, because Bush can do MANY terrible things. If we

are to gage every move we make by what the right MIGHT do, we would simply stop in our tracks and always be reactive. That has not been working well at all. (Don't bother to push through legislation he doesn't like because the republicans might filibuster, etc. etc.)

I don't think the sarcasm was called for though.

[CorpGovActivist]

8. In Political Physics...

... the reaction is not always equal to the action, unfortunately, especially when dealing with neo-cons.

- Dave

[TomInTib]

9. With these guys, the push-back is almost always greater than the push.

I don't put anything past them.

[CorpGovActivist]

10. Me Either n/t

[CorpGovActivist]

6. No, I'm Not Saying That...

... but I am saying that this has the potential - especially with this Administration and the theory of the Executive held by many key players within it - to bring to a head a Constitutional showdown.

- Dave

[LeftCoast]

3. The only way Bush can adjourn Congress is if both houses fail to agree on when to adjourn

Not a problem in this case.

[CorpGovActivist]

7. If Hastert Were Speaker Right Now...

... he could refuse to reach agreement with Reid, and hand the President the technical Constitutional conditions required.

- Dave

[angstlessk]

11. IF grasshoppers had six shooters birds would not eat them..

IF is a HUGH!!11! word!!1

(ya know, I almost forgot how to spell huge after freeper talk)

[CorpGovActivist]

12. They Don't Have Opposable Thumbs to Shoot 'Em...

... and there's a big key difference here: divided government happens frequently.

- Dave

[angstlessk]

13. they don't need opposable thumbs..just trigger fingers..and we all know grasshoppers have fingers!

divided government should be ALWAYS...called checks and balances! or in Great Britain it is called Parliament.

[CorpGovActivist]

14. Trigger Toe? (LOL)

As for the substance of your post: the Parliament is premised on partisan control. Explain?

- Dave

[CatWoman]

15. I'm trying hard to understand

exactly what is your point?

[CorpGovActivist]

16. The Reid Tactic Will Ultimately Backfire...

... in all likelihood. Every time this tactic is used, the "strong Executive" proponents in the EOP see red, and retriple their efforts to find a "perfectly legal" way to push back.

- Dave

[CatWoman]

17. so, Reid shouldn't have even bothered

to rein in Bush's abuse of this loophole?

I'm still trying to grasp your point.

[CorpGovActivist]

18. Just Warning of the Pushback...

... that's all.

- Dave

[CorpGovActivist]

19. .