Democrats Try New Approach to Stop Bush's Recess Appointments

In a little publicized move designed to take on President George W. Bush's use of recess appointments for key governmental posts, Democrats are conducting special sessions during the holiday season to ensure the Senate is not prevented from exercising its "advise and consent" role for presidential appointments.

The sessions, which involve a quick opening and closing of the Senate, are conducted by a lone Democratic Senator every few days until the rest of the Senate returns in mid-January. Senator Jim Webb of Virginia, who defeated Republican incumbent George Allen in the November 2006 congressional election, had the honor of conducting the first one-senator session.

While it is common practice for U.S. presidents to make controversial appointments while Congress is not in session, bypassing the requirement for the Senate's consent to the nominees, President Bush has drawn fire for using the tactic to put in place particularly controversial individuals who almost certainly would have faced grueling confirmation battles. Some of Mr. Bush's more controversial appointees include former United Nations Ambassador John Bolton and the installation of Julie L. Myers at the Immigration and Customs Enforcement Bureau. According to Sourcewatch, Bolton was appointed in 2005 during a congressional recess after having his nomination blocked by the Senate. Sourcewatch says Bolton's appointment marked the 106^th time the recess appointment tactic had been used by President Bush.

A Congressional Research Service report for Congress from earlier this year says that the Constitution grants the President the power to make temporary appointments when the Senate is in recess. The appointments can last for up to two years, depending on the schedule of the Senate. The temporary postings are valid until the completion of the Senate's next scheduled session, unless the person filling the temporary posting is confirmed by the Senate prior to that time. For comparison, President Bill Clinton made use of the recess appointment tactic 139 times during his eight years in the White House, while President Bush had exercised his authority to make recess appointments 167 times in his first six years as the nation's head of state.

Other notable recess appointments made by President Bush include Eric Edelman to replace undersecretary Douglas Feith at the Pentagon after Edelman's nomination got bogged down by Senate Democrats, Deputy Secretary of Defense Gordon England in 2006, and Judge Charles Pickering to a federal appeals court after his nomination was defeated twice in the Senate.

Sources: Sourcewatch web site and Congressional Research Service Report RS21308