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Tuesday, June 21, 2005


BILL FRIST GIVES UP ON BOLTON: ANALYSIS OF CONSTITUTIONALITY OF RECESS APPOINTMENT 



Senate Majority Leader Bill Frist said that John Bolton's nomination has hit a "dead-end" in the Senate. Frist (who barely put up a fight against the Democratic leadership) said there are no more scheduled votes on Bolton. Now that Bolton's campaign has been "exhausted" in the Senate, President Bush may make a recess appointment while Congress is on break for Independence Day.

Senate Democratic Leader Harry Reid had this to say about the President's option to make a recess appointment, "The president will have to make a decision whether he wants to send this flawed candidate to the United Nations under an also questionable constitutional measure, which is being tested in the courts as we speak"

The "questionable constitutional measure" is actually in Article II, Section 2, Clause 3 of the Constitution which says that "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."

According to the American Constitution Society, "The first recess appointment to the court occurred in 1795 when President Washington appointed John Rutledge chief justice while the Senate was in recess. Since then, 11 Supreme Court justices have been appointed in while Congress was in recess, including Chief Justice Earl Warren, appointed by President Eisenhower in 1953." ("The Debate Over Recess Appointments", Nov 20, 2004)

The challenge in the courts that Reid speaks of comes from his very own colleague, the liberal bulwark, Ted Kennedy. However, according to The Hill, Kennedy's lawsuit was more of a political ploy than a principled stand. He pursued a lawsuit in order to block President Bush's recess appointment of William Pryor to the federal bench, last year. His argument was that recess appointments could be made at only a few times, not every time, that Congress is out of session."Kennedy eyes suit on Pryor"

In conclusion, there is no clear-cut evidence in the "recess appointment clause" that the president may make such appointments during few certain senate recesses instead of all of them. The constitution does not explicitly state that a recess must last a certain length of time. A recess by any other name is a recess.

FOXNews.com - Politics - Frist: No More Bolton Votes in Senate



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DURBIN APOLOGY, SORT OF: NO GENUINE EXPRESSION OF REMORSE, REGRET 

Senator Dick Durbin did make an apology. But, it doesn't seem that Dick Durbin apologized for what HE SAID. He only apologized for people misconstruing what he said.

An apology is when someone admits that they were wrong and are remorseful. There are no indications of an admission of guilt nor regret in the following words...

"I took the floor of the Senate to speak about genuine heartfelt concerns about the treatment of prisoners and detainees at Guantanamo"
"I raised legitimate concerns"
"I made reference to the Nazis, Soviets and other repressive regimes.”
" I'm sorry if anything that I said caused any offense or pain
“Some may believe that my remarks crossed a line. To them, I extend my heartfelt apologies."
"I offer my apology for those offended by my words."

What you didn't hear...
"I was wrong"
"I regret what I said"
"I hope victims of Hitler, Stalin and Pol Pot forgive me"
"I humbly ask for forgiveness from our great military service members"
"I am sorry for what I did"
"In order to make amends, I resign from the leadership position of my party."

I wonder what reaction will be; will people tired of this (and all other Washington sniping) move on, will people not accept his words? We'll see...

Others commenting: Dean's World, Captains Quarters, Ed Driscoll, American Mind, Unalienable Right, GOP and the City, Balance Sheet, Pet Jawa, PoliticalTee,SondraKLa Shawn Barber, Malkin before Durbin's Tues night apology and has reaction to the apology, here.

Full text from Sen. Durbin website: DURBIN APOLOGIZES ON SENATE FLOOR FOR GUANTANAMO BAY ANALOGIES Tuesday, June 21, 2005

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