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View Diary: President Obama defies Republican obstruction, uses recess appointment to name consumer watchdog (277 comments)

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  •  Defiant? Three day recess rule - details (3+ / 0-)
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    BeeDeeS, mississippiqueen, Simian

    A 1993 DOJ memo created the understanding that Congress had to be in recess for 3 days to permit recess appointments. That isn't a constitutional requirement. Here's a discussion of the issues on proforma non-recess recesses:
    http://www.law.com/...

    In 2004, the U.S. Court of Appeals for the 11th Circuit stated that the Constitution "does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President's appointment power under the Recess Appointments Clause."

    Others have simply gotten old. I prefer to think I've been tempered by time.

    by Just Bob on Wed Jan 04, 2012 at 08:54:35 AM PST

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