Charles Cooper: “We shouldn't allow dysfunctional politics to justify dysfunctional constitutional measures.”

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

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

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

I would have advised the president to remain carefully and strictly within the bounds of his constitutional authority.