On the recordJune 26, 2014
I rise today to praise the Supreme Court's decision to strike down President Obama's illegal recess appointments. Article II, section 2 of the Constitution provides for only two ways in which Presidents may appoint certain officers: First, it provides that the President nominates and, by and with the advice of the Senate, appoints various officers. Second, it permits the President to make temporary appointments when a vacancy in one of those offices happens when the Senate is in recess. On January 4, 2012, the President made four appointments. They were purportedly based on the recess appointments clause. He took this action even though they were not made, in the words of the Constitution, ``during the recess of the Senate.'' These appointments were blatantly unconstitutional. They were not made with the advice and consent of the Senate, and they were not made ``during the recess of the Senate.'' In December and January of 2011 and 2012, the Senate held sessions every 3 days. It did so precisely to prevent the President from making recess appointments. It followed the very same procedure as it had during the term of President Bush, and that was done at the insistence of Majority Leader Reid. President Bush then declined to make recess appointments during these periods, thus respecting the desire of the Senate and the Constitution that we were in session.…





