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

We shouldn't allow dysfunctional politics to justify dysfunctional constitutional measures.

I think that the real factual circumstances behind some of these appointments are much more egregious than you have outlined.

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.

The plain meaning of the recess appointments clause is obvious.