George Will: Checking Obama's lawlessness
Monday's case concerns whether Barack Obama made recess appointments when the Senate was not in recess, and made them to fill vacancies that did not happen during a recess.
The Recess Appointments Clause was written when conditions made such a power crucial. Obama, however, contends that in today's world of instant communication and easy travel, he deserves a much larger - almost unlimited - recess appointment power.
If he really can refuse a "no" answer, then the Senate's role in the appointment process is vitiated. Now the court should apprise him of what he cannot do without Congress. Which means a Madisonian dialectic is occurring: The executive's usurpation of power has provoked the legislature, precipitating an overdue judicial intervention to clarify constitutional boundaries. The Constitution's text, and perhaps its original meaning, may be at odds with historical practice.
Woodrow Wilson provided the progressive template by disparaging the separation of powers as an anachronistic impediment to the presidential power requisite for the modern age.
George Will is a columnist for The Washington Post.
READER COMMENTS: 0
- Charles M. Arlinghaus: I'm with Washington Post on school choice - 0
- Thomas Sowell : Where liberalism creates $1.5 million starter homes - 0
- Another View -- Gilles Bissonnette: Why we sued to overturn NH's education tax credit - 5
- David Harsanyi: No, the right doesn’t want you to get sick and die - 0
- Jonah Goldberg: Obama’s lame sock hop with Putin - 2
- Your Turn, NH -- Suraj K. Budathoki: I am at last happy, for I am at last an American - 1
- Deroy Murdock: How red tape slows one life-saving drug's path to market - 0
- Another View - Ahad Fazelat: How Medicare reimbursement numbers are misleading - 2
- Charles Krauthammer: The zealots win again - 0
READER COMMENTS: 0
- Candia teen faces more counts in connection with burglary - 0
- Suspect arrested, loot recovered 10 minutes after Derry bank robbery - 0
- Ellsbury propels Yanks over Sox - 0
- Bruins shut out Wings - 0
- Phaneuf leads Derryfield laxers past Pelham - 0
- High School Volleyball results - 0
- Manchester Crimewatch: Teen recruited juvenile for burglaries - 0
- Cell phones, speakers stolen in separate incidents - 0
- House committee opposes bill to keep mental health records out of federal gun checks - 0
Younger of two brothers convicted of murdering parents quietly released after 18 years in prison
High School Volleyball results
Bruins shut out Wings
Shaheen touts land conservation fund
Prepare to pay more to park in Manchester
Secret arrests? Not if we can help it
Latest Groton wind farm fight: Snow plowing