No recess means no recess appointments

November 15, 2007

Earlier this week, Dr. James Holsinger, the president’s controversial Surgeon General nominee, resigned from the board of the Asbury Theological Seminary in Kentucky, apparently because he believes he’s poised to take office. Has the Senate agreed to overlook his record and confirm his nomination? No, Holsinger is apparently telling people the president plans to appoint him to the post once the Congress goes into recess.

These recess appointments seem to anger Senate Democrats more than almost anything else. In April, the White House drove the majority party batty with some controversial appointments, and Harry Reid & Co. quickly realized that the only way to avoid recess mischief is to eliminate recesses.

It’s exactly why a move is afoot to deny Bush any opportunities in this area.

With just two days to go until the Thanksgiving recess, Democratic leaders once again are considering holding the Senate in a series of pro forma sessions to stop President Bush from using the break to install any of his outstanding executive branch nominees.

The move comes as speculation mounts that Bush will use the period to push through some controversial appointments while Senators are out of town for the two-week period. Senate Majority Leader Harry Reid (D-Nev.) could all but block the president from doing so, however, if he opts to call the chamber into nonvoting sessions every three days — thus doing away with an extended recess.

Reid spokesman Jim Manley declined Wednesday to outline the Democratic Leader’s plans, only to say that the Senator hopes “to try to avoid” any unnecessary battles with the president over recess appointments. He did acknowledge the idea of holding pro forma sessions is being discussed.

Reid and the Democratic leadership have two choices in this situation. Pro-forma sessions is the superior option.

Democrats essentially have two choices when it comes to avoiding the controversial installments — keep the Senate working, or strike a deal with the administration to ensure that they don’t happen. In August, the most recent lengthy Senate break, Reid and the White House brokered an agreement whereby the Senate pushed through a series of outstanding nominees before leaving town in exchange for a truce over recess picks.

Since then, however, tensions have risen between the two branches, and on Wednesday sources said Reid doesn’t seem willing to negotiate with the White House this time. Also, several Senate aides suggested that Bush is increasingly likely to exercise the option since the clock is ticking on the second term of his presidency.

“I don’t think it should surprise anybody,” said one GOP leadership aide.

Basically, a local senator, probably from Virginia or Maryland, will keep the Senate technically in session by stopping by the Hill, banging the gavel a couple of times, and going home. This will, of course, prevent the White House from acting up.

“I think every time there’s a recess, people are concerned that the president might use that” option, said Sen. Patty Murray (Wash.), the Democratic Conference secretary.

That’s because he always does use that option. Note to Dems: there are three Democratic senators in Virginia and Maryland. Put ’em to work.

At least this is one unconstitutional power that Bush didn’t invent. Teddy Roosevelt was the first to interpret “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate…” to mean four-day weekends.

As a practical matter, the recess appointment clause is void these days, since the Congress has hardly any intersession breaks. Intrasession appointments are simply absurd; “I needed a UN ambassador right away, and you guys were gone for Labor Day!”

The big mystery is why pro forma sessions haven’t been customary already.

  • Delaware’s not that far away either.

    Nuke ’em ’til they glow, then shoot ’em in the dark.

  • I would think that the Congress gets to define what a recess is, not the president. Can’t Congress just say that a recess occurs whenever Congress is not in session for any consecutive period greater than 60 days or something to that affect?

  • Good idea, JC, but I think that Bush could veto the bill and put us right back where we are.. But it’s something to keep in mind for after the election. These recess appointments really suck.

    If Harry Reid doesn’t keep the Senate in pro forma session from now until December 2008, he’s a complete idiot.

    (Come on, that’s too obvious a straight line. Don’t go there.)

  • “I think that Bush could veto the bill and put us right back where we are..”

    More likely, he’d sign it into law, then staple a statement that says Congress doesn’t have the authority to meddle with his Article II powers.

  • I cannot help but think that if Nancy Pelosi hadn’t taken impeachment off the table, Bush and Cheney would be hamstrung and fighting to keep their heads above water amidst a host of charges, unable to conduct their nefarious business as usual. America would be aware of what’s going on. If Pelosi wanted to “save” America from seeing a Congressional battle-to-the-death with the Bush administration, it smacks of the same principle that Bush endorses by not asking for any sacrifices of Americans in the Iraq war. (Of course, not many Americans would be WILLING to sacrifice anything for Bush’s illegal warmongering, but that’s beside the point.) The Democrats took the “easy” way for themselves — otherwise America would have been right behind them.

    Anyway, Nancy took the most powerful weapon against Bush off the table and the Bush administration, so far, has won all the battles they’ve waged to gain unconstitutional ground and short-circuit Democratic moves. All the Dems have now is tactical maneuvers, no legal moves that will stand up against Bush and Cheney.

    Weary of shaking my head at their refusal to see reality back when they first won the majorities in House and Senate, I wish them lotsa’ luck.. Maybe they can prevent recess appointments by Bush this way. It doesn’t sound as if it would require much of them.

  • Hope they do it and do it right. Anything to give Bush a headache.

    ===========================================================
    Number of Operations Iraq Freedom and Enduring Freedom casualties
    as confirmed by U.S. Central Command: 4307

  • Pro forma—one guy shows up, summons the chamber to order, and then—adjourns?

    I’ve realy got to ask—what happens if one Dem shows up, gavels the session “in order,” and two or more Reskunks show up? First, how does one resolve the issue of a GOPer making a quorum call? Second, what happens when a “majority of those present” vote NOT to adjourn?

    Things could get rather nasty if Bush’s lemmings decide to play hardball during a pro forma session

  • I’m from Maryland.
    I’d be proud if Cardin and Mikulski stood up for Senate confirmation procedures.

    The Senate is the people and the people are supposed to approve of the president’s choices. I am not well represented by our president, and I need your help.

    As for GOP showing up to spoil things?
    They’re whining about a five day work week! You think they’re up for THIS?

  • Nice gesture to volunteer the Maryland Senators, and yes, Delaware is not far away. But covering for pro forma sessions need not be restricted to those three states. Can’t Reid get up a posse to be on hand in case the Repug gang shows up? Besides Virginia and Maryland and Delaware, there’s West Virginia and Pennsylvania and New York etc. etc. Airplanes have great uses. Harry should start doling out the assignments. And out here in blogland we can help. Send the Sen’s some turkey. I’ll make a pumpkin pie. We can do this!

  • Jeezus people, this is not hard!

    It’s watch duty! Hasn’t anyone who’s ever been in the military, or ever crewed a boat, know this?

    You have a couple rotating Democratic Senators. They keep the Senate open every day. They have everyone’ s cellphone in case a shit-fan collision occurs, in which case they call everyone in, Senators drop everything and scramble to get on planes, etc. it probably won’t happen, buyt you have contingency plans and you execute them if needed.

  • Here’s how I see this:

    It is a physical impossibility to get immediate bookings and flights from anywhere in the country—to DC. And being a US Senator doesn’t give someone carte blanche in bumping other passengers, especially if it’s just to get somewhere in a hurry. Tell me this—how many of the airlines are in the hip pocket of Dems? Now, apply that same “how many” question to the GOP and the WH.

    Remember—we’re talking about the same administration that got Ted Kennedy put on a no-fly list.

    49 Reskunks and 18 Dems makes 67—a quorum. And how many “procedures of the Senate” might allow a single Senator to gain the Floor—and thus the direction of the discussion?

    All I’m saying is that they better have a few “old hands” in situ if things start to unravel—especially an individual or two well-versed in the fine art of the filibuster.

    Bush is running out of time, and I think everyone is well aware of what happens when you corner a desperate animal—especially one so politically/legally wounded as Bush….

  • ***comment #9*** as I understand it, these are non-voting sessions, open for discussions only. Quorums can’t decide anything here.

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