More on Recess Appointments

I have received a lot of questions in the past two days about the recess appointments made this week by President Obama, and basically the inquiries boil down to one simple thing:

"How does what Obama did with his recess appointment compare to what Bush did with his?"

While the White House dismissed such comparisons as "apples and oranges," it is a good question, because partisans on both sides always seem to believe that the other party is always doing something worse.

On the basic issue of making recess appointments - there is nothing wrong with that. Presidents have made plenty of them. They don't always get a rousing political reception from the other party, but they happen.

The difference is that in recent years, the opposition party in the Senate has moved to block the White House from making any recess appointments.

Starting back in 2007, Senate Democratic Leader Harry Reid kept the Senate in session - even when 99% of all lawmakers were out of town - so that the Congress never technically went on an extended recess.

To keep the Senate technically in session, Senators would hold a "pro forma" session every couple of days - usually Monday and Thursday or Tuesday and Friday.

Even though no legislative business was scheduled, this action was considered to have kept the Senate in session, and therefore no recess appointments could be made.

That's what Democrats did in 2007 to block any new Bush recess appointments.

Fast forward to 2011 and that's what Republicans have been forcing the Senate to do, in order to block any Obama recess appointments.

What happened this week is that the White House basically changed its legal rationale for when the Congress is on recess, and moved ahead with these appointments.

It means that the White House can appoint someone at almost any time to a job that needs the consent of the Senate, and it left Republicans wondering what's next.

I don't want GOP or Dems to have that power," tweeted Rep. John Carter (R-TX), who argues if "this recess charade stands" then future Presidents can appoint anyone to the U.S. Supreme Court without any Senate intervention.

The White House on Thursday wasn't backing down one bit on the issue, as President Obama today will highlight his move with a visit to the Consumer Financial Protection Bureau offices on Friday.

"We feel very strongly that the Constitution and the legal case is strongly on our side," said White House Press Secretary Jay Carney, who repeatedly told reporters that it is obvious the Senate is not really in session right now.

"I think all of you should run up to Capitol Hill, check out the House and Senate and see if you can find a single member of Congress, and then tell me on this working day for most Americans whether or not Congress is in session," Carney added.

Technically though, the Senate will be in session on Friday - at least for about 30 seconds.

But according to the White House, these pro-forma sessions aren't needed any longer, because it won't stop the President from making recess appointments, as he brushed aside repeated questions on a subject that he labeled an "esoteric conversation."

Of course, like many things in Washington, it is all in the eye of the beholder.

If this were a Republican President changing the rules of the game on Democrats in the Senate, lots of lawmakers would be making the exact opposite arguments - just look at how the two parties have flipped arguments on the filibusters of federal judge nominations.

For Democrats, this is a chance to advance their "We Can't Wait" agenda, the argument that Republicans in Congress are anti-consumer and want to do nothing to help average Americans.

For Republicans, this Obama move only reinforces their belief that he believes in big government and a Presidency that tries to control too much in an undemocratic manner.

Both sides think they can win.

7 comments Add your comment

Brian

January 6th, 2012
7:55 am

Im usually not one to scream “left wing media” but the evening news on ABC last night didn’t even mention this entire issue. One would think the media would report on a rather significant constitutional debate…. I guess Barbara Walters was too busy touting all these “new jobs” and “surprisingly strong economy”. Not sure what world she is living in.

Brian

January 6th, 2012
7:55 am

Oops sorry – Diane Sawyer…

Frontman

January 6th, 2012
8:27 am

Jamie, isn’t this how the Dems always play the game? The 2007 trick was lame, but Bush didn’t do anything about it. In 2011, Repubs play the same trick and the Dems just ignore it and blaze new trails in semantic and legalistic stupidity, something they are very good at. Neither side is going about it in the right way, though. Democrats have devolved into the party of ends ALWAYS justifying the means, no matter how underhanded. Carney is completely FOS and so is the POTUS. The Repubs get caught up in trying to play the Dems’ game, and they’re just not dirty enough to be able to compete with the Dems on the Dems’ turf. Mr. Post-Partisan sure isn’t…

Scott

January 6th, 2012
9:16 am

Frontman- Get over yourself. The Dems aren’t any worse (or better) than the Repubs. The problem is Congress has too much power to block things that they don’t want to vote on. Look at the debt ceiling fiasco at the end of ‘11. The Senate approved a deal and passed it to the House. Now, the House could have voted on it immediately and voted it down…but it would look bad for the Republicans to vote ‘no’ to a tax cut. So, they just refused to vote on it entirely. Well…that worked out well for them, didn’t it?

And I don’t want to hear anyone from Georgia talk about how Democrats “blaze new trails in semantic and legalistic stupidity”. Remember that 400 toll that was supposed to go away when the construction bonds were paid for? It was just a little while ago that good ol’ Republican governor Sonny Perdue who said that he was doing exactly that…because he suspended them for a week or so and then saying that there was a new toll. I still shake my head at that idiocy (and that he was elected by this state…twice).

jconservative

January 6th, 2012
9:27 am

“…the evening news on ABC last night didn’t even mention this entire issue.”

I never watch Diane Sawyer and her news show but I am not surprised she did not cover the story. It was real old news last night. And unless a Senator sues in Federal Court the issue is dead.

Interesting note on Diane Sawyer: at one time she was a prime suspect to be the White House leaker of classified info to the Washington Post’s Woodward and Bernstein. But she was cleared when Bernstein in a live TV interview inadvertently referred to “Deep Throat” as a “he”.

bigjake

January 6th, 2012
10:05 am

I do not have to scream “left wing media” – I thought everyone knew it was a given, that most of the media is so tilted toward the left that it was not worth mentioning. What the Liberals always do is whatever it takes to do what is best for them, not the American public. When George W. Bush was in office, nit once did I question his actions, because he always did what was bets for the country he loves. I cannot say that for BO, whose stink is so bad that if you asked those who voted for him in 2008, if they were honest, would show that his support has waned. All we need now is the best GOP candidate that would demonstrate to the American public his desire to do what is best for this country and get us out of the hole that has been dug by the BO administration. No more czars, no more bailouts and no more dishonest representation of the facts – the unemployment numbers look like what they are because many Americans have run out of benefits, not because there has been a huge hiring increase.

[...] In 2007 Reid did exactly what the Republicans did this year and Bush did NOT appoint anyone. More on Recess Appointments | Jamie Dupree Washington Insider It is an illegal appointment. Without precedent. __________________ The fact that an opinion has [...]