Ted Kennedy versus the Constitution
Massachusetts’ resident looney left Senator (OK . . . one of Massachusetts’ resident looney left Senators) referred to President Bush’s recess appointment of John Bolton to be the US ambassador to the UN as "a devious maneuver that evades the constitutional requirement of Senate consent".
Interestingly, the Constitution itself says: "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session" (II, 2, 3).
Other Presidents guilty of maneuvers that “evade the constitutional requirement of Senate consent” happen to include:
George Washington, who recess-appointed John Rutledge as Chief Justice in 1795.
President Clinton: 140 recess appointments over two terms.
President Dwight Eisenhower, who made three recess appointments to the Supreme Court: Chief Justice Earl Warren (1953) and Associate Justices William Brennan (1956) and Potter Stewart (1958). (Each later received Senate confirmation).
Also of note: President John F. Kennedy – Teddy’s own brother - recess-appointed Thurgood Marshall to the 2nd U.S. Circuit Court of Appeals in October 1961, getting around obstructionist opposition from Southern senators, including Sen Kennedy’s current Senate colleague, Robert Byrd.
Wonder if Teddy would characterize his own brother’s appointment of Thurgood Marshall as a “devious maneuver that evade(d) the constitutional requirement of Senate consent”?
Interestingly, the Constitution itself says: "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session" (II, 2, 3).
Other Presidents guilty of maneuvers that “evade the constitutional requirement of Senate consent” happen to include:
George Washington, who recess-appointed John Rutledge as Chief Justice in 1795.
President Clinton: 140 recess appointments over two terms.
President Dwight Eisenhower, who made three recess appointments to the Supreme Court: Chief Justice Earl Warren (1953) and Associate Justices William Brennan (1956) and Potter Stewart (1958). (Each later received Senate confirmation).
Also of note: President John F. Kennedy – Teddy’s own brother - recess-appointed Thurgood Marshall to the 2nd U.S. Circuit Court of Appeals in October 1961, getting around obstructionist opposition from Southern senators, including Sen Kennedy’s current Senate colleague, Robert Byrd.
Wonder if Teddy would characterize his own brother’s appointment of Thurgood Marshall as a “devious maneuver that evade(d) the constitutional requirement of Senate consent”?
posted by Wascally Wabbit at 3:38 AM
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