James Joyner at Inside the Beltway (and possible closeted roadgeek, judging from his header graphic) links to Bill Quick’s discussion of some recent recess appointments. Bill notes the direction the screaming is coming from has shifted with the partisanship of the head of the executive branch, and James thinks the recess appointment power has outlived its usefulness:

The recess appointment power is one whose purpose has long since passed into history. In the early days of the Republic, Congress adjourned for months at a time. It was inordinately hot in DC in the summertime in the days before AC, for one. For another, the Federal government didn’t have all that much to do. Of course, all that’s changed now.

Now, granted, the Senate is abusing its constitutional authority by filibustering nominees and otherwise stalling the process. So, in that sense, it balances out. But it doesn’t make it right.

I pretty much agree with that assessment. I’d have to check out a copy of Unorthodox Lawmaking by Barbara Sinclair—a must-read if you’re interested in the contemporary legislative process—but I’m pretty sure that the incidence of filibusters is increasing of late; at some point in the not-too-distant future, I’d expect a rule change to either narrow the scope of what can be filibustered or to limit the duration of a filibuster, but that largely depends on the majority leader’s willingness to force the issue by requiring “real” filibusters rather than the costless “virtual” filibusters that take place now. Make the senators sleep on cots in the cloakroom for a few nights—or not sleep at all—and I suspect they’ll decide to sharply curtail the filibuster rule in short order.

By the way (as part of my endless quest to make this blog vaguely pedagogical), the recess appointment power is buried in Article II, Section 2, Paragraph 3 of the Constitution:

The President shall have the 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.

Just in case you were wondering…