While the Congress is done with work for 2007, the U.S. Senate will be back in session on this Friday - albeit for most likely less than one minute - as Democrats block President Bush from making "recess" appointments to his administration, which bypass Senate confirmation proceedings.
The President is given the power to make a recess appointment under Article 2, Section 2, clause 3 of the Constitution. Those appointments may be made either during a session when the Senate is in recess or between sessions, when the Senate is adjourned.
President George W. Bush has made 165 recess appointments in almost seven years in office, which puts him fourth in recent history behind Ronald Reagan with 243. Bill Clinton made 140 recess appointments.
This battle first flared in November, when Democrats kept the U.S. Senate technically in session over a two week Thanksgiving break by having the Senate meet for quick, short sessions every three days. They will now repeat that until the Congress returns for legislative business on January 22nd, all to prevent recess appointments by Mr. Bush.
The President made clear earlier this month that he was not pleased with the Senate's parliamentary maneuver, as the White House acknowledged that Mr. Bush wanted to make a series of recess appointments while the Senate was gone.
Both sides tried to reach a deal about a number of nominations now pending before the Senate, but no compromise was reached in recent days. So Democrats again will keep the Senate in session by convening what are known as "pro forma" sessions, which basically means that no business is conducted.
Here is the Senate schedule of eleven pro forma sessions:
Friday December 21 at 9:30am
Sunday December 23 at 11:00am
Wednesday December 26 at 9:30am
Friday December 28 at 10:00am
Monday December 31 at 10:00am
Thursday January 3 at 12:00pm
Monday January 7 at 9:00am
Wednesday January 9 at 11:00am
Friday January 11 at 9:30am
Tuesday January 15 at 11:00am
Friday January 18 at 10:00am
Recess appointments are temporary in nature. Those made while the Senate is in session last only until the end of the next session of Congress. Appointments in between sessions of Congress are good until the end of the next Congress.
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