Playing At Recess

President Obama's first act this weekend with the Senate gone for Easter is to make recess appointments of 15 of his nominees that the Republicans refuse to allow votes on.

Coming on the heels of Mr. Obama’s big victory on health care legislation, Saturday’s move suggests a newly emboldened president who is unafraid to provoke a confrontation with the minority party.

Just two days ago, all 41 Senate Republicans sent Mr. Obama a letter urging him not to appoint the union lawyer, Craig Becker, during the recess. Mr. Obama’s action, in defiance of the Republicans, was hailed by union leaders, but it also seemed certain to intensify the partisan rancor that has enveloped Washington.

“The United States Senate has the responsibility to approve or disprove of my nominees,” Mr. Obama said in a statement. “But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis.”

It was the first time the president has used his constitutional authority to fill vacant federal positions by making recess appointments, thus avoiding the requirement for the advice and consent of the Senate. Mr. Obama, who currently has 217 nominees pending and 77 awaiting action on the Senate floor, said Republicans had given him little choice.

“At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months,” Mr. Obama said. “I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”

With lawmakers back in their home states and Mr. Obama spending a quiet family weekend at Camp David, the White House issued the statement announcing the president’s intent to appoint Mr. Becker, and 14 others, mostly to fill positions on his economic and homeland security teams.

The White House said the 15 nominees had been waiting, on average, seven months to be confirmed. They are expected to begin work over the next week; the president’s action will enable them to serve without Senate confirmation until the chamber adjourns at the end of 2011. 

Bush did it, Clinton did it, Bush Sr. did it, Reagan did it...hell, up until Saturday, Obama had been the only president in modern history to NOT make recess appointments.  Glad he learned that the GOP was never going to allow a vote on any of his nominees from this point out.  Not like the GOP can call this unconstitutional, when the power to make recess appointments by the President really is spelled out right in the Constitution in Article II, Section 2:

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.

Good to see Obama realizing he doesn't have a choice.  I foresee another 50+ recess appointments soon.  Not like any of the rest will get a vote now.