by Ben Huh » Fri Jan 25, 2013 11:52 pm
To be clear, the main point of contention here is whether or not Congress itself can decide when it is in recess or if the president can do so unilaterally (which is what Obama did here). According to the Constitution, it is the former as Congress is left to make its own rules regarding how it handles its business. Proforma sessions may be taking the piss, but they are legal and Congress per the Constitution, as previously quoted by Galt, is only at recess when both houses are not in session. if the Senate or House even meets for one second, as infuriating as it may be, it's constitutional and the pres can pound sand. Can it be used by the parties to block nominees? Sure as shit. Do I care? Not really considering that the alternative is that the pres can appoint whomever, whenever into permanent positions completely negating the Senate confirmation process.
..."if the only thing keeping a person decent is the expectation of a divine reward, then brother, that person is a piece of shit."