Charles Cooper: “Much of the problem in this area has been Congress' inability really to focus and answer difficult political public…”

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

This idea that it is the President that has to be satisfied that you are in session is a very dangerous notion.

It is Congress's responsibility, its constitutional responsibility, to resist this constitutional excess of his authority.

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