Saturday, November 17, 2007

Advice and Consent Becomes Dictate and Mandate

Harry Reid is threatening to hold the Senate in session over the Thanksgiving recess in order to prevent the President from making recess appointments of judges and other vital administration positions that are being blocked by super majority requirements which is clearly unconstitutional. The reason he is giving is because the President won't agree to several Democratic appointments.

This is wrong on so many levels. First, the Democrats do not get to make appointments. That is the role of the President. Second, the President has full constitutional authority to make recess appointments. Third, the Senate won't actually be "in session." He is going to hold the session "open" by using procedural means to hold nonvoting sessions. That means that not a single Senator will have to be present and they can all enjoy their Thanksgiving break at home. If no Senator is present, isn't that the definition of being on recess?

I hope that if Reid tries this that the President will challenge it all the way to the Supreme Court if necessary as it is a very clear violation of the intent of the President's constitution authority. Here is another tactic that I'm not exactly sure how it would work procedurally but I think there could be another tactic the Repubs in the Senate could employ. I'll check with a friend of mine who knows all the Robert's Rules stuff and correct this if I'm wrong, but I think the Repubs could either force the Dems to stay with quorum calls or risk losing a vote to approve the appointments.

2 comments:

Dee said...

You need to put this picture (http://mariestwocents.blogspot.com/2007/11/our-soldiers-are-very-inventive.html) with this post ;-).

Cajun Tiger said...

Cute pic Dee...but instead of a beer as the bait they need to go with the traditional cheese for Reid to go along with all his whining =)