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

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.

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

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.