Cord Byrd: “I am not trying to tell the Senator what to do, but this is a serious thing with me. As for the politics of it, I am not…”

“I am not trying to tell the Senator what to do, but this is a serious thing with me. As for the politics of it, I am not talking Democratic politics or Republican. But there is such a thing as comity between the executive branch and the legislative branch. There is such a thing as the Constitution, and I happen to hold a copy in my hand right now. There is also such a thing as the prerogatives of the Senate. I try to defend those prerogatives. The Senator made a comment about recess appointments. I hope he will get some assurance. If there is any doubt in his mind--any doubt--that this administration or any other is going to try to make a recess appointment, especially of a Federal judgeship, while the Senate is out for these two or three weeks. I hope the Senator will get a commitment out of the administration, if he can, that that will not happen. That is going pretty far, in my judgment--to appoint a Federal judge for life ``during good behavior.'' I don't know whether there have been judges appointed during a recess of the Senate in the face of this provision which I have just read, to wit: The President shall have power to fill up all vacancies that may happen during recess of the Senate by granting commissions which shall expire at the end of their next session. That is all I have to say. I have been concerned about that, I say to the distinguished majority leader. I have worked with the distinguished Senator from Tennessee, Mr.…”