George Orwell, meet Orrin Hatch

[kpete]

George Orwell, meet Orrin Hatch

Sandy Levinson

In an article aptly titled "Republicans Block Confirmation of Labor Lawyer" by mounting yet another filibuster--the vote was 52-33, which was obviously not enough to meet the now sacred 60-vote barrier--the Times quotes Republican Sen. Orrin Hatch's response to the possibility that the President of the United States might use his constitutional prerogative to make a recess appointment: "I sincerely hope the White House does not circumvent the will of the Senate by appointing him when the Senate is out of session." There are certainly serious arguments to be made against recess appointments, but it is truly Orwellian to say that an appointment "circumvent(s) the will of the Senate" when bullies like the current Republican phalanx in the Senate, for whom Hatch was simply a mouthpiece, are quite obviously doing whatever they can to prevent the Senate from affecting its will (which, save for treaties, convictions of impeachment, expulsions of members of the Senate, and proposal of constitutional amendments, requires only a majority vote).

I wonder what President Obama (or, for that matter, former President George W. Bush) will say the next time they talk about the American project of promoting "democracy" around the world. Would anyone point to the United States Senate as a "democratic" institution, under any plausible 21st century definition of "democracy"? Please don't both responding that the Founding Generation didn't believe in "democracy." I'm well aware of that. My question is why we should take them any more seriously on that than on the belief that many of them had that slavery was perfectly all right or, at least, was not suffiently evil that anything really had to be done about it. (Or, if one is a fan of the Founding Fathers and believes we should be bound by their particular conceptions of "republicanism," then I assume that this implies vigorous opposition to all American presidents, of both parties, who suggest that the United States should in fact be promoting "democracy" instead of 18th century "republicanism," by which, among other things, the subordination of women (along with slavery) would be perfectly fine.)


http://balkin.blogspot.com/2010/02/george-orwell-meet-orrin-hatch.html

[tomm2thumbs]

1. seems to me if the Constitution allows it, they ought to be singing its praises

Hallelujah to constitutionally-sound recess appointments! Praise be!

(* authorized by Article II, Section 2 of the U.S. Constitution: "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.")