Conservatives have long held that the United States Constitution must be interpreted as closely to the wording and original intent of the Founding Fathers. The current Administration tossed that philosophy out the window a long time ago. It believes in the "unitary executive" theory, it believes that the President is not subject to laws passed by Congress, it has stated that there is no express grant of Habeus Corpus in the Constitution, and it has twisted the words of the Constitution to meet its own ends. But even despite this track record, I was still dismayed by President Bush's latest brazen disregard for the Constitution.
As noted in this
Fox News article, President Bush nominated Sam Fox to be Ambassador to Belgium. However, it was clear that the Senate was going to reject the President's nominee, so the President withdrew the nomination. Once the Senate went on spring break, he appointed Sam Fox as Ambassador as a recess appointment. It was the ultimate end run around the "advice and consent" of the Senate.
Article II, Section II states:
with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided forand also:
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.The post of Ambassador to Belgium didn't suddenly go vacant while the Senate was out of town, which is clearly the intent of "vacancies that may happen during the recess of Senate". Further, not only did the President not ask for the advice of the Sentate on Mr. Fox's appointment, it was obvious that the Senate was going to withhold consent. So President Bush is clearly flipping off the Senate and the Constitution.
Oddly enough, President Bush is behaving very much like the man that most neo-conservatives loath: former President Clinton. President Clinton made an art form out of parsing language to make it mean what he wanted it to. After all, it all depends on what the meaning of "is" is. President Bush is just following in President Clinton's footsteps. I'm just waiting for the man to define "the term of four years" as four Plutonian years, and stay in office forever. After all, the Constitution doesn't strictly define what constitutes a year, now does it?