Peter Visclosky: “This amendment is trying to undue longstanding rules about when salaries can be paid to people who receive recess…”

“This amendment is trying to undue longstanding rules about when salaries can be paid to people who receive recess appointments under the President's constitutional powers. The amendment is injecting unnecessary and unrelated controversy into this bill. Its enactment could further worsen the paralysis and gridlock that is already affecting our ability to govern. The Constitution clearly gives the President of the United States the power to make temporary appointments during the recess of the Senate to positions normally requiring Senate confirmation. This is a power that has been routinely exercised by Presidents since the beginnings of our government. It is true that an issue has recently arisen about the scope of that power. Two Federal courts have recently ruled that the language is being interpreted too broadly and that recess appointments can only be made during a recess between sessions after sine die adjournment. Those rulings are contrary to previous rulings by other courts and to longstanding practice by Presidents of both parties. The new interpretations, of course, would invalidate of course not only certain appointments by President Obama, but also many dozens of appointments made by his predecessors, including Ronald Reagan, George Bush, and George W. Bush. The issue is now before the Supreme Court, which has accepted these cases for decision during its next term.…”