Charles Cooper: “It is Congress's responsibility, its constitutional responsibility, to resist this constitutional excess of his…”

The President's January 4 recess appointments, in truth, had nothing to do with whether the Senate was available to act, and everything to do with the Senate's unwillingness to confirm the President's nominees.

I think the history of the clause, and the recess appointment clause, makes clear that this was a fundamental check on executive power.

Much of the problem in this area has been Congress' inability really to focus and answer difficult political public policy questions.

The plain meaning of the recess appointments clause is obvious.