John Yoo on Obama's most recent power grab:
This, in my view, is not up to the president, but the Senate. It is up to the Senate to decide when it is in session or not, and whether it feels like conducting any real business or just having senators sitting around on the floor reading the papers. The president cannot decide the legitimacy of the activities of the Senate any more than he could for the other branches, and vice versa.Read the rest.
Is the president going to have the authority to decide if the Supreme Court has deliberated too little on a case? Does Congress have the right to decide whether the president has really thought hard enough about granting a pardon? Under Obama’s approach, he could make a recess appointment anytime he is watching C-SPAN and feels that the senators are not working as hard as he did in the Senate (a fairly low bar).
Michelle Malkin: He’s baaaaack: Obama recess-appoints Dodd-Frank czar
Andrew McCarthy: Reid Backs Obama on Recess Appointment
David Freddoso: Is the Senate in recess? The Constitution says no
Conn Carroll: Obama Sets Constitution on Fire
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