Originally Posted by dorfman24
No, you said that Bush's recess appointment was "highly unethical." What did I miss?
And being involved in domestic, partisan politics (like, um, all secretaries of state) does not disqualify one from serving as an ambassador. My point was, German Star, that your opinion of his activities as "smearing" is subjective. And even if one accepts your definition of "smearing" it does not disqualify someone from serving as an ambassador.
Go review the bidding Dorman. The Fox nomination was withdrawn by Bush when it was apparent that Fox would not be confirmed by the Senate. Then, he waited until the Senate went on recess, and made a recess appointment.
Now the Constitution requires certain political appointments to be confirmed by the Senate. In recognition of the fact that at one point in our history the Senate (and House) were made up of mostly farmers and they spent a good bit of the year away from Washington and working their farms, a provision to allow the President to fill vacant federal positions was made, as, it was likely the position might otherwise go unfilled for a year. It was also incumbent on the President to make nominations timely. The following is an excerpt from Wikipedia (http://en.wikipedia.org/wiki/Recess_appointment
) which has no equivalent case to discuss as there has not been a similar case by either Clinton, or any other prior President - which makes it even more unlikely Kerry, had he been elected, would have done the same, even if it makes you feel better to say he would have):
From Wikipedia, the free encyclopedia
A recess appointment occurs when the President of the United States fills a vacant Federal position during a recess of the United States Senate. The commission or appointment must be approved by the Senate by the end of the next session, or the position becomes vacant again. Recess appointments are authorized by Article II, Section 2 of the U.S. Constitution: "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."
According to Henry B. Hogue, at the Government and Finance Division of the Congressional Reference Service, "Recent Presidents have made both intersession (between sessions or Congresses) and intrasession (during a recess within a session) recess appointments. Intrasession recess appointments were unusual, however, prior to the 1940s. Intrasession recess appointments have sometimes provoked controversy in the Senate, and there is also an academic literature that has drawn their legitimacy into question." Law Professor Michael B. Rappaport argues  that the original meaning of the clause required that if an office is vacant while the Senate is in session, the Constitution expects the President to make an advice and consent appointment at that time. He also maintains the original meaning allows recess appointments to be made only during intersession recesses, which during the early days of the country lasted between 6 and 9 months and therefore required recess appointments to prevent important offices from remaining unfilled for long periods; the current interpretation allows appointments during recesses too brief to justify bypassing the Senate.
The present example is one where the will of the Senate was plain. The nomination was going to fail
. Rather than have that failed nomination on the record and deal with a recess appointment of a nominee the Senate already rejected, Bush withdrew the nomination
, made no new nomination, and then appointed the person the Senate was clearly going to reject as a "recess" appointment.
This is distinctly different from past practices of making recess appointments of likely unpopular individuals with questionable likelihood of being confirmed by the Senate, which has been a Clinton and prior President's practice (also clearly questionable from the review of the original purpose of the recess appointment tool). If you do not see the very obvious effort to circumvent the Constitution in these acts you are trying very hard not to see them. We understand though, it comes from drinking that Kool-Aide. Jim