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.

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

The plain meaning of the recess appointments clause is obvious.

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