conlawprof  

Re: Recess Appointment for Pickering

Nelson Lund
Fri, 16 Jan 2004 18:17:28 -0800

Bryan Wildenthal wrote:
> 
> . . . This is, of course, technically in compliance with the President's recess 
> power.  But in spirit it >seems a blatant abuse of any notion of respect for a 
> coordinate branch of government.  To use a recess >appointment precisely to bypass 
> -- indeed, in an attempt to reverse -- TWO prior Senate rejections of a >nominee -- 
> seems the sort of brazen abuse of power and the rule of law we have become 
> accustomed to under the >Bush regime, but which should still trigger outrage -- and 
> it does mine!
> 
>

Yes, indeed, what in the world is left of the Rule of Law when a
president dares to exercise a power that the Constitution "technically"
gives him? Next think you know he might exercise his "technical" right
to veto a bill that was passed in both houses of Congress by actual
majorities in actual floor votes. Where will these outrages end?

Nelson Lund
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