The Recess Appointment Kerfluffle - A Modest Proposal

Obama defies Congress with ‘recess’ picks

President Obama used his recess appointment powers Wednesday to name a head for the controversial Consumer Financial Protection Bureau and three new members to the National Labor Relations Board — moves Republican lawmakers said amounted to an unconstitutional power grab.

The president acted just a day after the Senate held a session — breaking with at least three different precedents that said the Senate must be in recess for at least three days for the president to exercise his appointment power. Mr. Obama himself was part of two of those precedents, both during his time in the Senate and again in 2010 when one of his administration's top constitutional lawyers made the argument for the three-day waiting period to the Supreme Court.

The Senate currently is holding "pro forma" sessions to prevent these recess appointments specifically,  so, of course, this will be resisted: Court fight over recess appointments 'almost certain,' Chamber says

The recess appointments President Obama announced Wednesday are “almost certain” to be challenged in court, according to a top official with the nation’s largest business lobby.

The U.S. Chamber of Commerce has not decided whether it will file a legal challenge to the appointments, according to David Hirschmann, who heads the Chamber’s Center for Capital Markets Competitiveness. But he said he’s confident that Obama’s precedent-shattering move will land the administration in court.

Here's my take. The  next time the Republicans have the presidency, they should simply skip the process of Senate ratification of appointee's altogether and appoint whoever they like, whenever no Senator is standing on the Senate floor.  And cite this a precedent.

UPDATE: An interesting turn of phrase in President Obama's statement:

"I refuse to take 'No' for an answer. I've said before that I will continue to look for every opportunity to work with Congress to move this country forward. But when Congress refuses to act in a way that hurts our economy and puts people at risk, I have an obligation as president to do what I can without them," he will say, according to prepared remarks.

You know, I think he really means it.  Thanks to Paxfish.