George Bush Hearts Recess-Time

Evidently, George Bush agrees that 'It's Recess-Time Somewhere,' at least when it comes to appointing controversial judicial nominees.

The Constitution allows presidents to make recess appointments, but the
question comes down to which recess, or more accurately, what kind of
recess, the Constitution was referring to.

Article II, Sec. 2, of the Constitution says, "The President shall have
power to fill up all vacancies that may happen during the recess of the
Senate, by granting Commissions which shall expire at the End of their
next Session." Notice that it says, "the recess," not "a recess."

When Bush appointed Pryor to the bench, the Senate was off for a 10-day
period. These mid-session breaks are routine throughout the legislative
session. When the Founding Fathers empowered presidents to make
recess appointments, was this what they were referring to? Almost
certainly not.

In the early days of the country, framers saw recesses that could last
months and wanted presidents to be able to fill key positions temporarily
in emergency situations without the Senate's "advice and consent." There's
a lengthy break following the final adjournment for the legislative session.
This is "the recess." The provision was not about giving presidents the
authority to evade the legislative process when the White House got
irritated with the Senate minority. This president disagrees, of course, and believes he can abuse the power to make appointments whenever he pleases.