Editorial: Constitutional fight

Sunday, Dec. 23, 2007 | 6:54 a.m.

During Congress' holiday break, a Democrat will trek down to the floor of the empty Senate chamber once every few days and bang the gavel. The Senate will be in session for as little as a minute or less before the gavel is banged and the lone senator adjourns for the day.

Such sessions are typically rare, but they are becoming more common as President Bush skips Senate approval to make key appointments.

The Constitution allows the president to make appointments without Senate approval when senators are out of session. The framers were evidently envisioning short sessions of Congress and wanted the president to have the power to keep the government running. Bush, however, has used recess appointments to avoid having his nominees go through Senate confirmation hearings.

Through May he has made 171 recess appointments - more than President Clinton did in both his terms.

Senate Majority Leader Harry Reid, D-Nev., called a pro forma session during the Thanksgiving break to stop Bush from appointing people to office and has assigned junior senators to bang the gavel over Christmas break.

It is a shame that Reid has to call these sessions, but it is understandable. The problem is that Bush refuses to negotiate with Congress. Instead of working with Congress on nominees, as presidents typically do, he has tried to jam through his nominees.

For example, in 2005 Bush nominated John Bolton, the combative protege of Vice President Dick Cheney accused of manipulating intelligence to fit the administration's position, to be ambassador to the United Nations. Senate Democrats blocked his nomination, but Bush pushed Bolton into office as soon as the Senate went on recess.

To avoid the pro forma sessions during the holiday break, Reid tried to make a compromise with the White House on the president's appointments. The White House, however, refused. As a result, the president has hampered the work of government - positions on important boards and commissions are vacant - all because the president wants to mold the Constitution to his will.