Recess appointees look anomalous from a constitution-maker's
perspective, but the Constitution we actually have provides for them
(Art. II. Sec. 2, paragraph 3). The reference here to vacancies
presumably refers to the wide range of officers listed in paragraph 2.
Is there a textual argument that
one. This, on the shoulders of the existing tradition of deference
to military judgment (Rostker), could salvage the prohibition. Still,
the dictum of Capt. Queeg seem singularly apt: "You can't assume a goddam
thing in this Navy."
David M.
Wagner
thepresent case fromFDA v. Brown Williamson, on which the
court relied in part. There, Congress had manifesteda
positivedisinclination to give the agency the power that it
claimed.
David M.
Wagner
s win, Red Soxlose,
Yanks win the Series. Can't say I'm happy about any of
this.
David
M. Wagner
Regent
University School of Law
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