I was just thinking about everything going on with the John Bolton recess appointment.

The 2 times its mentioned in the Constitution are as follows:

Article I - Section 3 - Clause 2
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

Article II - Section 3 - Clause 2
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.

Now it seems to me that the provision was originally created for the purpose of filling vacancies that actually occurred during a recess. However it has been changed to a tool for the president to use to get around the Senate.

I remember when Clinton appointed a gay ambassador to Luxembourg during recess Republicans were outraged. Saying he had shown contempt for Congress and the Constitution, and Trent Lott (No relation, lol) going off about it. Kennedy used it to appoint Thurgood Marshall to the bench, allowing time for racial tensions to ease. Eisenhower used it to appoint three justices including Warren.

In fact, this happens quite often, and most of the appointments aren't publicized. Presidents appoint dozens of officials during recess. Some don't keep office when they come to vote, some do.

I think it was in 1923 or such when somebody asked the Attorney General about the clauses I mentioned and what if a president used them just to work around the senate and get their nominee in, he said something to the effect that we shouldn't even think someone in the office of President would do such a thing.

I'd like to know how you guys feel about recess appointments.

Personally, I just wonder what's next. As history shows us, every time one President expands his powers, they don't retract. The next President just expands them more.

Bush keeps talking about Bolton reforming the UN and everything, but he has to realize that their are around 200 other people he has to convince once he's there...and I don't think the 'stache is gonna help.

Hit me back with what you think about all this.