Saturday, January 07, 2012

Cordray’s Tribe - By John Yoo

John Yoo responds to Lawrence Tribe's article defending Obama's sham-recess appointments.

> First, on the history: All of the precedents cited by Tribe occurred when the Senate was adjourned. The question was when does an adjournment of the Senate become long enough to qualify as a “recess” under Article II, Section 2 of the Constitution. As far as I know, and Tribe cannot claim to the contrary, no president has ever made a recess appointment when the Senate was formally in session. This is not a question of when does an adjournment become a recess — here, there has been no adjournment.

Tribe's original article:

Posted via email from The Blue Pelican

No comments: