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
- Another View - Charles Lane: Your money is being spent by dead people - 0
- George Will: A conservative internationalism - 1
- Jonah Goldberg: The Democrats' cynical impeachment play - 3
- Charles M. Arlinghaus: Taxation without representation again? - 3
- Another View -- Betsy McCaughey: Our free lunch President - 5
- Another View -- Karlyn Borysenko: Workplace bullying is a serious problem, governor - 4
- Another View -- Fred Hiatt: Disengage from the world, and this is what happens - 1
- David Harsanyi: Are teachers really underpaid? - 14
- Jonah Goldberg: The U.N. club needs higher standards - 0
READER COMMENTS: 0
- On Baseball: Fishers prospects sweat out deadline day - 0
- Goffstown ready for LL regional tourney - 0
- Dave D'Onofrio's Sox Beat -- Message is clear: Offense needs boost - 0
- Marina dealers say boat sales are on the rise - 0
- Another View -- Gilles Bissonnette: Why voting in NH is not reserved for state residents - 0
- Clinton vs. speech: Bullying first; what next? - 0
- Race matters: A cautionary tale at UNH - 0
- Crews making progress on Derry's Rockingham Road - 0
- NH police academy does more than introduce teens to police work - 0
Havenstein says he has always opposed Obamacare, though company he led was paid to implement parts of it
George Will: A conservative internationalism
Heroes all? A word cheapened by overuse
Mark Hayward's City Matters: Market Basket workers' outlook challenges the skeptics among us
Market Basket customers mobilize
Punch line: The NFL blows it
Police held Abby suspect's guns