Saturday, April 07, 2007

Presidental appointment illegal?

The Recess Appointment of Sam Fox to U.S. ambassador to Belgium was considered illegal by some of the Dems. I laughed so hard. They didn't realize something in the Constitution, Article II Section 2:
Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

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.

Senator Kerry was vocal on the appointment because Mr. Fox gave $50,000 to the Swift Boat Vets in 2004.
"It's sad but not surprising that this White House would abuse the power of the presidency to reward a donor over the objections of the Senate. This nomination was withdrawn because the Administration realized it would lose in the Foreign Relations Committee," Kerry said.

I don't think the President is abusing his power to appointments. If the Senate is out of session, he has the right to do it. My advice to the Senate, NO VACATIONS! Stay in DC and get to work. We need to fund the Troops, get cracking on it! No Pork, No Timetables, No Withdrawal. Win this War for US! (Will they listen? NOT!)
Recognizing Fox did not have enough support for Senate confirmation, Bush withdrew the nomination last week. On Wednesday, with the Senate on a one-week break, the president used his power to make recess appointments to put Fox in the job without Congress' blessing.

Dodd said in a statement that Bush's actions were "deceptive at best and illegal at worst."

White House spokesman Gordon Johndroe defended the use of recess appointments as a presidential prerogative.

"I think the president views recess appointments as an appropriate way to get people who are qualified into jobs that need to be filled," Johndroe said Thursday.

"And it's a process that's been used many times over the years for people whose nominations have lingered or have been stopped for various reasons," he said.

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