HumANomaly

It is amazing how lawyers can create new issues by creatively re-framing old issues. The founders granted the right to make recess appointments to avoid gaps in the Executive Branch because the Senate was unable to give advice and consent given the onerous nature of travel by horse and buggy in those days. The issue was gaps in the government not the right to make recess appointments. The constitutional issue is the tendency of the Senate to create gaps in the Executive Branch by not approving Presidential nominations. It is not when the President can make a recess appointment. Guess what the SCOTUS is about to hear arguments on.

Something seems to be wrong with a system that does not allow a citizen to bring Congress before the courts for not performing its Constitutional duties but allows a citizen to bring the Executive Branch before the courts for attempting to satisfy the Constitutional mandate that was neglected by the Congress.