Showing posts with label Recess appointment. Show all posts
Showing posts with label Recess appointment. Show all posts

Tuesday, January 14, 2014

Recess Appointments and Partisan Obstructionism: Two Sides of the Same Coin

Courtsby Nomad

This week the Supreme Court is reviewing a lower court's decision which declared unconstitutional President Obama's use of recess appointments.

The ramifications of a Supreme Court decision upholding the lower decision could be disastrous for Obama. Why? Should the Senate fall into the hands of the obstructionist Republicans, Obama's chances of getting any nominations may be impossible. How the justices decide in this case could play a crucial factor not only in the remainder of this administration but in future presidencies.


Recess Appointments
Like a lot of cases before the Supreme Court, the actual importance and impact are buried beneath mounds of mundane details. Such is the case of the constitutionality of recess appointments. For instance, strictly speaking, the case is straightforward. It revolves around the president's ability to make appointments while the Senate is at recess. What are the limits to this presidential power according to the constitution? 

There is no reason question whether the US constitution gives Presidents the right to fill a vacant position if the Senate is in recess. Wikipedia describes recess appointments this way:
The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in recess the President may act alone by making a recess appointment to fill "Vacancies that may happen during the Recess of the Senate."   
In a happier world in which all of the branches of government work together and make nice to one another, this could be seen as merely a way to smooth the confirmation process along. But of course, that's not the world in which we live and Washington has never a happy place for long.