Spring Break without getting the emergency supplemental on the presidents desk. In such a damn hurry to run and play without funding our troops...well guess what., two can play that game huh?
POWER OF RECESS APPOINTMENT.
President Bush named Republican fundraiser Sam Fox as U.S. ambassador to Belgium on Wednesday, using a maneuver that allowed him to bypass Congress where Democrats had derailed Fox's nomination.
Democrats had denounced Fox for his 2004 donation to the Swift Boat Veterans for Truth. The group's TV ads, which claimed that Sen. John Kerry exaggerated his military record in Vietnam, were viewed as a major factor in the Massachusetts Democrat losing the election.
Recognizing Fox did not have the votes to obtain Senate confirmation, Bush withdrew the nomination last month. On Wednesday, with Congress out of town for a spring break, the president used his power to make recess appointments to put Fox in the job without Senate confirmation.
This means Fox can remain ambassador until the end of the next session of Congress, effectively through the end of the Bush presidency.
Via Chronicle of Conspiracy:
BIGGS APPOINTED! Great news. Today President Bush appoint Andrew Biggs to be deputy commissioner of the Social Security Administration, using e power of recess appointment. The recess appointment was necessary because Democrat Max Baucus, chair of the Senate Finance Committee, had said that he wouldn’t even give the Biggs appointment consideration. Baucus's only reason for refusing to act was Biggs' policy views.
Here is the White Houses statement on it.
I always know when the President has made a smart move and that is when the Liberals starting howling really loudly and turn purple looking like their heads are going to explode.
For those that want to whine about this...it IS a legal move that the President has the power to do, so grow up.
A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. The commission or appointment must be approved by the Senate by the end of the next session, or the position becomes vacant again. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution: "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."
Although...... Your reactions will be a BLAST to watch over the next few days and maybe even weeks.
I will keep updating as the reactions come in....
[First Update] Examples and Use from the past.
Recess appointments have been made since the earliest days of the republic.
President George Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and his appointment lapsed. Rutledge subsequently attempted suicide.
On August 11, 1902, President Theodore Roosevelt named Oliver Wendell Holmes Jr. to the United States Supreme Court through a recess appointment. He was subsequently confirmed by the Senate on December 4, 1902.
New Jersey judge William J. Brennan was appointed to the United States Supreme Court by President Dwight D. Eisenhower in 1956 through a recess appointment. This was done partly with an eye on the presidential campaign that year; Eisenhower was running for reelection, and his advisers thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session. Eisenhower made two other recess appointments.
Ronald Reagan made 243 recess appointments during his two terms in office; George H. W. Bush made 77 during his single term, most notably Lawrence Eagleburger for U.S. Secretary of State in 1992, sanctioned his role as "de facto" secretary since James Baker resigned.
President Bill Clinton made a recess appointment of Bill Lan Lee as Assistant Attorney General for civil rights, when it became clear that Lee's strong support of affirmative action would lead to Senate opposition. Similarly, when the Senate did not vote on his nomination of James Hormel to be Ambassador to Luxembourg, Clinton made a recess appointment. Many people felt that the Senate's inaction was because Hormel was openly gay, and when he was appointed became the first such person to serve as a U.S. ambassador. Clinton made 140 recess appointments over two terms. On one of the last days of his Presidency, Clinton used the recess appointment power to place Roger L. Gregory on the United States Court of Appeals for the Fourth Circuit. Gregory was the first African-American to serve on that court.
President George W. Bush recess appointed two judges, William Pryor and Charles Pickering to U.S. courts of appeals after their nominations were subjected to a Senate filibuster by opposition Democrats. Judge Pickering of the Fifth Circuit, withdrew his name from consideration for renomination and retired when his recess appointment expired. Judge Pryor was subsequently confirmed to a lifetime appointment on the Eleventh Circuit. As of August 1, 2005, Bush has made 106 recess appointments.
On August 1, 2005, Bush made a recess appointment of John Bolton, to serve as U.S. representative to the United Nations. Bolton had also been the subject of a Senate filibuster. The filibuster concerned documents, which the White House refused to release, which Democrats suggested may contain proof of Bolton's abusive treatment and coercion of staff members, or of his improper use of National Security Agency communications intercepts regarding U.S. citizens. Having failed to win Senate confirmation, he resigned his office in December 2006 concurrently with the adjournment of the 109th Congress.
[Update #2] Can I call it or what? Reactions are already starting, can you hear the feet stomping, howling, heads exploding yet?
Money Quote from The Agonist:
Bush Tells Senate . . .
. . . to go Cheney themselves, appointing Swiftboater Sam Fox Ambassador to Belgium via a recess appointment. When asked why a recess appointment for someone the Senate had already rejected the president said, "well, they'll get to know each other on the playground during their recess!"
Of course we will be seeing and already are seeing the tired old line of "Impeach" "Impeach!!!!!"
Anyone need a refill while I am up????
[Update #3] Reactions are still coming in and as I predicted, it is more whining and throwing a hissy fit, (That last link actually tries to claim that Bush has, in their words:)
Other presidents have done this shit too, but to nowhere near the extent of Bush during his terms.
Obviously they are speaking BEFORE doing their research because Ronald Reagan made 243 recess appointments during his two terms in office, as I showed above.
The temper tantrums continue and of course Bob Geiger gets to whine over at Huffington post also as well as his own blog.
[End Update #3]
I will continue with reaction updates right after I update the "Israel Calls Pelosi a LIAR" post with the Prime Minister of Israel's very polite "clarification" of what was REALLY said to Nancy Pelosi.
Jeeeeeeeez, she cannot even pass along a simple message without screwing it up.
[Update #4] Still more whining from the left. Funny I didn't hear them crying this badly when Clinton did it...hmmmmmm, could it be DOUBLE STANDARDS???????
This one here is a gut buster (NewsHog):
I can't help but notice that the Bush regime seems to be getting more and more confrontational with Congress, on every issue they are afforded the opportunity. They obviously relish the prospect of a knock-down, drag-out constitutional crisis over the whole concept of "executive" power, war powers and the Imperial Presidency.
That worries the crap out of me. Are they so certain, from their bubbled view of reality, that the Supreme Court would rule in their favor? Or is it just that they don't care if the Supremes agree with Congress since Bush is still Commander In Chief and they feel neither Congress or the Supreme Court commands any battalions if they just decide to declare martial law and do what the hell they want to anyway?
For those that are slow and cannot comprehend things on the first go round, let me REPEAT:
Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution: "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."
So, in answer to NewsHog, YESSSSSSS, they are that confident about the Supreme Court because, lets say it together now children..... it is his CONSTITUTIONAL RIGHT.
Was that slow enough?
[Update #5] YESSSSSSSSSSSSSSS, Brian from Iowa Voice has the BEST title for his piece, the ONLY thing I do not like about it is I didn't think of it, dammit!!!!
Bush To Dems: Suck It….Again!
Go read his piece...he is right on target.
NYT weighs in.
Tracked back by:
Bush Must Be Impeached from Middle Earth Journal...