Wednesday, November 21, 2007

Senate meets for a matter of seconds to prevent recess appointments

AP/IHT

Gavel to gavel, the Senate met for 22 seconds on Tuesday. That was enough to prevent President George W. Bush from making appointments that the Democrats might not like.

The senator standing sentry duty against unwanted recess appointments was Democrat Jim Webb of Virginia, who earned that distinction by being a low-ranked first-year man and living in northern Virginia, minutes from the U.S. Capitol. He wielded his gavel before an empty chamber, devoid of senators and even the young pages who serve as messengers.

"I'd much rather be doing this than allow the president to skirt the confirmation process in the Senate," Webb said in a statement. "This is an exercise in protecting the Constitution and our constitutional process."

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Showing the level of distrust between the White House and the Democrats, Majority Leader Harry Reid, who controls the Senate's operations, announced that he would use, apparently for the first time, what are called "pro forma" sessions as a tactic to keep the Senate technically on the job to prevent recess appointments.

A pro forma session, during which no legislative business is conducted, satisfies the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.

Reid blamed the president for the move, saying the White House had been stalling on Democratic-recommended positions to several independent agencies. Agencies such as the Federal Communications Commission and the Nuclear Regulatory Commission are by law required to have Democratic representation. In a floor speech last week, Reid said he would confirm various appointments if the administration would agree to move on Democratic appointments. "They would not make that commitment," he said.

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