In Washington Post 3 February article, Sally Katzen gave a legal opinion of the U.S. Court of Appeals for the District of Columbia Circuit ruling that President Obama’s recess appointments are blatantly unconstitutional.
Ms Katzen makes a very good and important point in this article but does not make it until the end of the article. Rather than give an overview of the travels and travails of the Senate being in session or not in session to explain recess appointments, she should have just came to the point. Presidential recess appointments are a matter between the executive branch and the Senate. The court has no place in the process. The solution for the Senate in preventing or passing judgment on such appointments is clearly stated in the U. S. Constitution: vote, up or down. If the Senate is unable or unwilling to make such a judgment then it is failing its constitutional responsibility. End of legal story. Where does the system turn when any two branches become dysfunctional? To the people. The people voted on November 6, 2013. The Senate—did someone say Harry Reid–has not gotten the message. So we vote again in two years. A never ending experiment in achieving the Will of the People.
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