Stop the Recess Madness

The always reliable, Ed Whelan, has penned an op-ed calling for those who still believe in the Constitutional order to stop the madness of advocating for recess appointments, and to follow Justice Scalia’s lead in recognizing this gamesmanship for the pretextual circumvention of the Constitution that it is.  I would like to say that I oppose recess appointments when there is no recess or need for recess because I find the idea of an Attorney General Matt Gaetz reprehensible, but sadly, this is not opposing the procedure so I can oppose the product.  Yes, the product itself is abhorrent, and Gaetz should be rejected out of hand for all the obvious reasons.  But even if the candidate were my favorite, using procedure to circumvent the Constitution is what conservatives oppose, because – wait for it – we are conservatives.

Now, speaking of the “product” …  I wrote two days ago that I was happy with Homan, Stefanik, Rubio, and Waltz.  Noem was announced for Homeland Security and I was disappointed.  Hegseth got announced for DOD after the post went live and I took solace in Charlie Cooke’s perspective, my dear trusted friend, Andy McCarthy’s, and John Noonan’s take at National Review.  I will refrain from comment on Tulsi Gabbard’s choice at DNI for now because she is one case where it is just not personal, but purely ideological, and I don’t have time to make the case for moral clarity in foreign policy here. 

But with Matt Gaetz, no one, and I mean no one, actually believes this is an acceptable pick.  Sure, there are MAGA hardliners who will say they do, but what they mean is, because he is so unacceptable, we love it.  And I remain in the non-nihilistic camp of conservatism, but also the non-performative wing. 

And this brings me to Ed Whelan’s thoughtful op-ed.  Yes, I oppose recess appointments (on principled grounds), and yes, I oppose Matt Gaetz (on principled grounds).  But it turns out Alexander Hamilton had this pegged in the Federalist Papers, where he realized that bad PROCEDURE and bad PRODUCT are often not quite that distinct.  And my goodness, was he ever prescient!

[this] “auxiliary method of appointment … would tend greatly to prevent the appointment of unfit characters,” including those “who had no other merit than that … of possessing the necessary insignificance and pliancy to render them the obsequious instruments of [the president’s] pleasure.”

If only Alexander Hamilton were available now.