POLITICS - Presidential Intrasession Recess Appointments

Reminder, this opinion is not from the U.S. Supreme Court.

"Court Rules Recess National Labor Relations Board Appointments Unconstitutional" PBS Newshour 1/25/2013

Excerpt

HARI SREENIVASAN:  A federal appeals court rejected several recess appointments made by President Obama last year, saying the moves were unconstitutional.

The president appointed three people to the National Labor Relations Board last January.  The president argued he was justified in doing so because the Senate was away for a 20-day break.

But Republicans and business groups said the Senate was still technically in session, if only for a few minutes every few days.  The panel of three judges all appointed by Republican presidents said the president had done an inappropriate end run around the Senate.

But White House spokesman Jay Carney took issue with the ruling.

JAY CARNEY, White House Spokesman:  The decision is novel and unprecedented.  It contradicts 150 years of practice by Democratic and Republican administrations.  So we respectfully, but strongly disagree with the rulings.

There have been, according to the Congressional Research Service, something like 280-plus intrasession recess appointments by, again, Democratic and Republican administrations dating back to 1867.

COMMENT:  What the Senate practice of being in session for a few minutes every few days is ludicrous.  This practice is the real end run around ALL Presidents.

Also this issue is about the political gridlock in the Senate, especially with the Filibuster rule, on ALL (Democratic or Republican) Presidential appointments.

IMHO we need a Constitutional Amendment stating that all Presidential appointments must be given an up-or-down vote in the Senate within 90 days of submission or the appointment is automatically approved.