Because the Constitution unambiguously gives the Senate the power to regulate its proceedings, Obama's opinion that the Senate was not in session when it said it was, and his assertion that it was in recess even though it held sessions on Jan. 3 and 6, has no force or relevance. And although he is a serial scofflaw, not even he has asserted the authority to make recess appointments during adjournments of three days or fewer.
The constitutional guarantee of congressional self-governance, combined with the Senate's determination that it was in session Jan. 4, destroys Obama's position, which is that he can declare the Senate in recess whenever he wishes to exercise what the Framers explicitly denied to presidents — a unilateral appointments power. Consider this episode when deciding whether on Jan. 20, 2013, he should again have a chance to swear to (only selectively) defend the Constitution.
George Will's email address is email@example.com.
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