On the recordSeptember 11, 2000
In 1985, when we had a conservative Republican in the White House by the name of Ronald Reagan, we had a Senate that was dominated by the Democrats. At that time, the Senate majority leader was a very distinguished Senator from West Virginia, Senator Bob Byrd. We found Ronald Reagan was violating the Constitution with recess appointments. Let me go back and give a little background of this. In the history of this country, back when we were in session for a few weeks and then they got on their horse and buggy and went for several days back to wherever they came from, if some opening occurred during the course of a recess, such as the Secretary of State dying, the Constitution provides that a President can go ahead and make a recess appointment and not rely on the prerogative of the Senate to confirm, for confirmation purposes. This is understandable at that time. Since then, Republicans and Democrats in the White House have, when they were philosophically opposed to the philosophy of the prevailing philosophy in the Senate, made recess appointments. Ronald Reagan was doing this. I loved him, but he was violating the Constitution. Senator Byrd read and studied the Constitution. He sent a letter to the White House that said: If you continue to do this, then I can assure you we will put holds on all of your nominations. It wasn't just judicial nominations but all of them.
Source
govinfo.gov




