Say what you want about Fox News....
Posted by antimedia
Media Lies
....but at least you get information there that you won't get from any other major media source.
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"Usually, when you have a Republican president, the Democrats don't like recess appointments, and when you have a Democratic president, Republicans don't like recess appointments," said Michael Barone, author of the Almanac of American Politics 2006.
Modern presidents have used this power of recess appointments to side step a variety of Senate obstructions. President Clinton made 140 recess appointments during his two terms. The first President Bush made 77 in one term. Ronald Reagan had 240 in two terms.
"There's firm basis for the recess appointment, there's nothing immoral, even you could say unethical about it, it's just part of the government structure in the United States," Hess said.
The recess appointment dates to earliest days of the Republic when President George Washington tapped John Rutledge as Supreme Court chief justice in 1795. The Senate had rejected the nomination.
President Eisenhower placed three justices on the Supreme Court through recess appointments — Earl Warren in 1953, William Brennan in 1956 and Potter Stewart in 1958. The Senate later confirmed all three.
President Kennedy used his recess appointment power in 1961 to put Thurgood Marshall on the 2nd Circuit Court of Appeals, placing him on a path to become the nation's first black Supreme Court justice.
"Thurgood Marshall was the very successful advocate for the NAACP legal defense fund, the Southern segregationists opposed him root and barrel and President Kennedy appointed him with a recess appointment," Barone explained.
In many cases, including Bolton's, presidents have used recess appointments to counter a Senate filibuster or the threat of one. As a matter of checks and balances, the recess appointment is more firmly rooted. It's actually in the Constitution whereas the filibuster, a Senate delaying tactic first applied with regularity in the 1850s, is not.
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Bush's recess appointments don't look so bad in the light of our history, do they? Especially when you realize that other Presidents have placed justices on the Supreme Court by recess apppointment.
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