Since 9/11 changed everything, isn't it time that it changed the interpretation of Article 2, Section 2 of the US constitution --
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.
given George Bush's "Up Yours" to the Senate by appointing Swift Boat crony Sam "Foxy" Fox to be ambassador to Belgium? After all, a plain meaning of that section is that the vacancy must occur during the recess to be filled in this manner.
By the way, there's another possibility raised by Bush's action. He does have the power to call Congress into special session, which given the urgency he claims he attaches to the military funding bill, he could have done. Is it possible that he deliberately didn't call a special session precisely so that he could recess appoint the Senate confirmation rejects, for him a higher priority than expediting a funding bill for the troops?
UPDATE: A more promising technicality that may scupper Fox's appointment.
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