I think the history of the clause, and the recess appointment clause, makes clear that this was a fundamental check on executive power.
Charles Cooper: “I think the history of the clause, and the recess appointment clause, makes clear that this was a fundamental check on…”
On the recordFebruary 6, 2012
Source
congress.govEditor's note · Context
Discussing the importance of the recess appointment clause as a check on presidential power.
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We shouldn't allow dysfunctional politics to justify dysfunctional constitutional measures.
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there is no support for a reading of the Constitution that unnecessarily restricts the political arrangements available to the President and Congress in fashioning binding consensual solutions to the Nation's relations with the people of…
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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.





