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“Loophole”? Constitutional Illiteracy at Reuters

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Powerline points to this Reuters story on John Bolton’s first year at the U.N.

I like this paragraph:

Bolton’s nomination later stalled in the Senate and Bush ended up sending him to the United Nations last August as a recess appointment, taking advantage of a loophole that allows the president to waive Senate confirmation when Congress is in recess.

That “loophole” is found at Article II, Section 2, Clause 3:

“The President shall have Power to fill up Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session.”

President Clinton made 140 recess appointments over his eight years as president, including some controversial ones that lacked majority support in the United States Senate, such as Bill Lan Lee’s appoinment to the post of Assistant Attorney General.

Thurgood Marshall and William Brennan both began their long tenures on the United States Supreme Court as recess appointees.

Some “loophole.” BTW: “Stalled” means “filibustered” in Reuters’ speak.


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