9 Seconds

by dday

Whatever you want to say about Harry Reid and his, er, uneven stewardship of Senate Democrats, he sure got this right.

A nine-second session gaveled in and out by Sen. Jim Webb, D-Va., prevented Bush from appointing as an assistant attorney general a nominee roundly rejected by majority Democrats. Without the pro forma session, the Senate would be technically adjourned, allowing the president to install officials without Senate confirmation.

The business of blocking Bush’s recess appointments was serious. It represents an institutional standoff between Congress and the president that could repeat itself during Congress’ vacations for the remainder of Bush’s presidency.

In such situations, pro forma sessions also could give Bush some political cover on popular legislation he doesn’t want to sign. When Congress is holding pro forma sessions and is not formally adjourned, a bill sent to a president automatically becomes law 10 days after he receives it – excluding Sundays – unless he vetoes it.

That could be the fate of two bills Congress passed last week. One growing out of the Virginia Tech massacre makes it harder for people with mental illness records to buy guns. The other makes it easier for journalists and others to obtain government documents through the Freedom of Information Act. The FOIA bill, for example, would become law on New Year’s Eve if not vetoed before then, according to Senate Judiciary Committee officials.

What goes unsaid is that this doesn’t just give Bush political cover, but it prevents the possibility of a pocket veto of that legislation.

The recess appointment was instituted in a time when the fastest modes of transportation were sailing ship and horseback, in case Congress couldn’t get back to the capital to respond to an emergency. Every President, Democratic or Republican, has abused the privilege, and if you can’t eliminate it through Constitutional amendment, then I completely support making it irrelevant through pro forma sessions. In addition, this is the kind of “block Bush” strategy progressives would like to see on a whole host of other issues.

Reid’s getting a lot of goodwill out of 9 seconds. Would that he would do something constructive with the other 31,556,917.

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