As I understand it, the speedy trial right was pretty broadly recognized in 1787, even before it was constitutionally fixed in the Speedy Trial Clause. If the President couldn't make recess appointments, then what was contemplated for districts where the judge had died? I take it that having another district judge (or a Supreme Court Justice) sit by designation might be possible, but then the judge might have to shuttle between the districts. Does anyone have any sense of what was likely understood to be the proper solution? (Incidentally, I'm not saying that this is an open-and-shut argument in favor of recess appointments; perhaps the Framers did envision having judges from neighboring districts sit by designation -- I'm just curious what they would have thought of.)
Eugene
