“Although a President may fill such vacancies through the use of his recess appointment power … the Senate may act to foreclose this option by declining to recess for more than two or three days at a time over a lengthy period. For example, the Senate did not recess intrasession for more than three days at a time for over a year beginning in late 2007.”
Elena Kagan
Krazen,
Have you noticed I asked what the reaction would be if a Republican President tried this nonsense. No response from the lefties on the Atlas Forum. Hmm.
I'd be fine with it, if there was a Democratic Senate minority that was refusing to confirm any appointee to a specific executive post.
I think that's the fundamental problem. I don't care what party you're in how are you going to refuse to staff a post that was created on your watch? I think that's unConstitutional. To get elected to office under the false premise that you are going to work as a Senator and then as an entire party just walk out en bloc and very clearly and succinctly say we under no circumstances are going to do our job. You could appoint Jesus H. Christ and we would still just vote him down, jus' cause. WTF?! Talk about unConstitutional.
If you have a problem with the agency introduce a bill abolishing it. Or offer up a puppet appointment that will do your bidding. But to just say I'm not going to approve
anybody is to me the real crime here.
