dougherty's opinion has become the touchstone for all department of justice opinions since then. but still only one more intrasession appointment was given until 1947, for a total of 3 in 151 years. and then until 1980, there were only a modest 54 intrasession appointments. the big jump and dramatic change, however, has come in the last decade during the bush and clinton administrations, when, as i mentioned, for the first time in history, intrasession recess appointments had exceeded intercession appointments by a 5-1 ratio. if the olc opinion is accepted and practiced and as dogma, there is nothing left to the senate's confirmation authority. remarkably, and tellingly, i believe, the olc opinion asydously avoids any decision whatsoever or discussion of the appointments clause itself. all of the framers debates over the general power of appointment. those debates, however, were heated, contentious and revelatory of their awareness of the importance of their decision as to how and where they were going to invest, control over the appointing power. the recess clause, however, on t

you're about to meet dale dougherty. he has a simple belief that all of us are makers. >> for many years, or many almost decades, we've kind of talked ourselves out of being makers, that we're smart shoppers or consumers and i really want to turn that around and say we are makers. we make our world. >> dale believes everyone should be passionate about making something. food, clothes, woodwork or even crazy stuff like electric muffins. we'll explain that in a second. he's created something called maker fairs around the world where tens of thousands meet to show off their creations and collaborate. what began as a simple idea has snowballed into a worldwide movement. >> i think that as an overall philosophy of making, it is something that just seems basic to whole who we are. it's not necessarily about technology. it's really about people. but i think technology creates a lot of the interests today. cooks are makers and people who create garments and dresses and things are makers. but so are people that tinker with electro

dougherty mosque. now until it is reaching fever pitch ahead of this weekend's n.f.l. super bowl the new york giants new england patriots go head to head in the biggest game on the american sporting calendar the extravaganza will feature some international talent as well such as patriots punter zoltan mesko he's been speaking about the long road he's traveled from the remaining revolution of nine hundred eighty nine to one of the biggest sporting events in the world well it's flying through our apartment and we're ducking down on christmas eve which was not a very christmas like having a spirit to be and you know i had a different sense of what america would be and like i was i was a little you know shell shocked at first but then you know you grow into it and this is kind of what i expected to oh i'm so grateful for this opportunity in the world where i've come from you know when you put it on in perspective it's it's it's i don't know i don't even have the words to describe it. now football team will soon have a new leader off the john terry it was relieved of captai

. >> dale dougherty wants everyone to be an innovator. he sparked an entire movement of innovators and won't stop until he sees his maker movement in classrooms all over the country. that's what earned dale a spot on "the next list." for more go to cnn.com/thenextlist or visit my life stream at cnn.com/sanjay. thanks for joining us. i'm dr. sanjay gupta. see you back next sunday. >>> you're in the cnn newsroom. i'm fredricka whitfield. whitney houston has been laid to rest in new jersey. it was a family only service at a cemetery in westfield. the singer's grave is right next to her father's. ♪ i'm taking with me ♪ so good-bye please don't cry ♪ we both know i'm not what you, you need ♪ >> fans and friends packed the church in newark, new jersey, yesterday for whitney houston's televised funeral service. human remains have been found on long island in a separate location from where others have been located and the find is renewing fears that a serial killer is to blame. ten other sets of remains have been discovered since 2000. the latest

soccer players will be now aiming to retain their world crown jahi tee next year richard pombo three dougherty let's go. on to basketball now and tesco moscow have become the first team to reach the year only quarter finals after thrashing olympiakos ninety six points to sixty four to secure their berth in the next stage with a game to spare well says i knew a win would see them finish top of group and they never looked like squandering their chance taking an early ten nothing need for finding themselves twenty eight points up one off time well olympiakos did respond to produce and even third period last test got rounded off and easy win and i didn't say which leading the scorers with fifteen points and says his team just need to keep taking one gave this time do you think they still looked about the future ok so maybe you and your family can think about historically or with players in just for me one thing it's a good practice maybe. i won't be scarce remission for prisoners. there are also in test group and moved a step closer to the quarter finals themselves with a sixty four fifty six win

jill dougherty, thanks for that. you have to wonder if they are against the eruption.hat do you feel about that? >> we think assad is indeed em boldened, but there's other things that play out in syria, michael. the defecting soldiers that call themselves the free syrian army truly were holding some parts of the flash point city in humps. they were holding it, they were defending it. we saw it in some of our reports from arwa daman and others, stationed behind sandbags and the like. there came a time within the regime where they said, look, we cannot continue to accept that these army soldiers, some of whom have taken control of a couple tanks, are able to, for a sustained time, secure key neighborhoods in homes. then you mentioned the veto from russia and china, and it does seem to go hand in hand with this onslaut. >> the ambassador to the u.n., susan rice, says the u.s. is going to continue its course for the president to go. let's run now what she said today to cnn about russia and china. >> they have, by their actions, by their veto, dramatically increased the ris

jill dougherty has more on that development from the state department. hi, jill. >> hey, hala.d about this morning at the briefings at the state department. they are declassified reconnaissance photos taken over syria, and the state department is making a pretty big deal about it, saying that they were taken and they show major military operations in civilian areas. have i toria nuland in fact used the word "gruesome." they're appearing on a couple sites. one is the facebook page for the embassy in damascus, which is now shuttered. on that site which i checked a few minutes ago, he does talk about the equipment that's being used, the military equipment and arms, including mortars artillery. he went out of his way to say i've never seen the opposition using anything look artillery. so we can tell you a senior u.s. official is telling cnn indeed the u.s. is stepping up sir vailian and reconnaissance over syria. then it may be interesting why they would want to release it now. >> that would be my next question. presumably they've had this material for months, so why now are they r

jill dougherty is working her sources at the state department. fred, the latest just came into cnn, actually from the ministry of tourism in egypt. and they are saying that they have located those -- the people who are holding these maybe americans, that actually hasn't been confirmed by the state department yet, but that they have located them in the south sinai and that negotiations are continuing. so this unfolding very quickly. here at the state department, all we snow that egyptian authorities told the u.s., the embassy in cairo that there were two americans who were kidnapped. the embassy is trying to confirm that they, indeed, are americans and also trying to work for their security. so obviously happening very quickly. frerksd you have to point out that the context of this is right now, you have a lot of developments in egypt after the fall of hosni mubarak and questions about the control that the government of egypt has on various parts of the country. so, that's one of the elements playing into this. >> all right. jill dougherty, thanks

next sunday he talks to dale dougherty, founder of make magazine, who says americans may have a little >> for many years or many almost decades, we've kind of talked oursds o ourselves out of being makers, that we're smart shoppers or consumers. i want to turn that around and say we are makers. we make our world. >> and you can tune in to watch the next "the next list" sunday at 2:00 p.m. if you want see it, set your dvr. we're still working to get aretha franklin back on the line. hopefully we'll have that established when we get back from a commercial break. >>> also coming up next, some new york churches are forced to leave their worshippers without a home. we'll have a report on that coming up as well. stay with us. ♪ ♪ [ male announcer ] offering four distinct driving modes and lexus' dynamic handling, the next generation of lexus will not be contained. the all-new 2013 lexus gs. there's no going back. ♪ sure. what flavor? mm, one of each. lemon burst, hm, cherry orchard, blackberry harvest... my daughter's grabbing some yoplait. pina colada, orange creme. i can't imagine where sh

jill dougherty, cnn, the state department. >>> now, here on "world business today," for many days, we've been telling you about the deep freeze gripping parts of europe and europe's busiest waterway, the danyu river, remains frozen in parts particularly from india to the black sea. now we go to the weather center to find out what to expect over the next few days. hey, ivan. >> hey there, nina. a lot of cold air on the way, colder than what we've seen. i'll start with the picture behind me, the canals in venice frozen over. just amazing stuff. but the important thing here is, again, you're absolutely right, the danube, a big transport of goods not getting through, over 90% covered with ice. this is just a mess here, and we're talking about the livelihoods of a lot of folks being affected here. close to ten countries, the second largest river in europe. the problem is because it's vital for transport, power and irrigation, we are going to have a significant economic impact because i don't think we'll be able to resume here for you wup of another week. look at the temperatures here, minus,

next sunday he talks to dale dougherty who believes we are all born to be makers of things instead ofers. >> one of the things that happens in making is we are gaining some control over the world we live in. this world is awfully complex, and it's hard sometimes to figure out what are the building blocks. how do you get going? how do you get start? you can have impact today. you can do things today and encourage yourself to participate, to build things and make things. this is an rc robotic claw. my high school science teacher made me what i am today. our science teacher helped us build it. ♪ now i'm a geologist at chevron, and i get to help science teachers. it has four servo motors and a wireless microcontroller. over the last three years we've put nearly 100 million dollars into american education. that's thousands of kids learning to love science. ♪ isn't that cool? and that's pretty cool. ♪ [ male announcer ] a simple gesture can spark romance anytime. and when it does, men with erectile dysfunction can be more confident in their ability to be ready with cialis for daily use. cia

our jill dougherty has more. >> men, women and children are being slaughter in syria.>> we should start considering all options, including arming the opposition. the bloodheading has got to stop. >> we don't think more arms into the area is the answer. >> reporter: they cleared the gadhafi regime. would that work in syria? >> this is a very different playing field, very different set of players, very different set of possible consequences. >> nato's former supreme allied commander says that unless the u.s. wants to go it alone, you need political agreement with other countries. that hasn't happened yet. if the world communities did come together could you have a libyan-style campaign? >> 23irs of all syria is different. there's a lot of desert in libya, wife open -- better defenses, better air defense systems. it's going to take much different strategy than what occurred in libya. >> then there's the neighborhood, turkey, lebanon, iraq, israel. >> you have populations in areas in syria that you didn't have in libya. a few large towns, much more difficult. if you're goi

. >> jill dougherty with the latest. the u.s. and the world is watching the carnage and deteriorating situation there. "the situation room" with wolf blitzer starts now. >> thanks very much. they bring their increasingly bitter fight right here to washington d.y. newt gingrich is there along with his wife callista. we'll hear from both of them. >>> also the wow backs down. i'm wolf blitzer you're in "the situation room." >>> and sharp and sudden turnaround by the obama administration. the white house now says it's tweaking the health care reform provision that sparked a sudden confrontation between church and state as well as republicans and democrats. our chief white house correspondent jessica yellin is here in "the situation room" watching all of this unfold. it was pretty dramatic what happened. >> it was, and all of this caught the white house off-guard. there's no sign that the uproar is dying down. the president plays cleanup. >> they will not have to pay foror provide contraceptive services, but women who work at these in

. >> jill dougherty, thank you, jill.hree automakers making a comeback. things have been looking up for them over the past year from auto sales to earnings, and chrysler's super bowl ad was truly one of the most popular of last night. listen. >> it's halftime in america too. people are out of work and they're hurting. they are all wondering what they're going to do to make a comeback. and we're all scared because this isn't a game. the people of detroit know a little something about this. they almost lost everything. but we all pulled together. and now motor city is fighting again. >> christine romans is joining the panel. she is the author of "smart is the new rich" i should say. first of all, the ad i thought was an amazingly touching ad. but it was also interesting, it was just one of like 10 zillion car ads last night. >> there were nine different car companies advertising last night, and then another ad showed just sort of how spunky detroit is these days. it was a chevy ad. and i think we can show you a little video

. >> jill dougherty for us this morning.hank you, jill, for the update. >>> look at the head loilines. good morning. >> good morning. dozen of mourners, many strangers, gathered in last night in washington state for a candlelight vigil honoring the memory of charlie and braid ddew we well. they say their father, josh powell well, hacked their two young sons with a hatchet before blowing up their home sunday, killing both boys and himself. >>> more than 40 states have now signed on to a settlement plan that would help millions of homeowners whose mortgage is underwater. america's top banks would pay $25 billion to settle all the government lawsuits. the money would then be used to bring relief to struggling homeowners by lowering the principle they owe on the mortgage. several states, including new york, florida, california, still not on board. they're worried about their own investigations into the banks and giving immunity to bad actors. that's all holding things up right nounchts greece teetering on the edge of default thi

jill dougherty joining us from the state department with the latest. jill, we are just finding out about this. can you tell us what's behind the decision? what do you know? >> well, in a way it's a dramatic story, because cnn is told that the staff, and there are 17 of them, two got out by air. before this. but actually, the decision by secretary clinton was to allow them to shutter the embassy and the rest of the staff got out we're told in a convoy over land to jordan. now, the reason the u.s. is doing this, they say, is that the government has refused -- the syrian government has refused to address its security concerns. and what were they? well, the embassy in damascus is located right off on a very busy street. and the u.s. says there was concern after some car bombs last month that perhaps there could be -- the embassy could be a target of al qaeda. that bombing, by the way, was linked to al qaeda. so they decided to do this. but obviously there was a lot of concern about whether they could get out. so that staff includes as i said the remaining

. >> jill dougherty, things so much.reciate it. >>> every morning we like to get you an "early start" to your day by alerting you to news that's happening later on today. these stories are building and developing. and they will be big news tonight. voters in colorado, minnesota, missouri, heading to the polls today to vote or their picks for the republican presidential candidates. mitt romney is favored to win, but, hold up there, a lot of analysts say keep your eyes on rick santorum. he could pull off on upset. >>> president obama's re-election campaign is changing its position and its opposition to super pacs. president obama had been among the most vocal critics you side these political spending groups. in an about face the campaign will begin using administration and campaign aides to fund raise for priorities usa action. that is a super pac backing the president. >>> and a ruling is expected today on california's proposition 8 which bans same-sex marriage in that state. does that proposition violate federal constitu

when that was repealed here is what byron dougherty, democratic senator, took to the flooring to predict 10, 15 years from now we will be back thinking of this bill like we thought of the bill passed in the late 1970s and early 1980s in which this congress unhitched the savings and loans so some sleepy texas institution can gather deposits from all around america and like -- a giant rocket, become a huge enterprise of guess what, with all the speculation and the s&ls and everything that went with it, what did it cost the american taxpayer to bail out that bunch of failures? what did it cost? hundreds and hundreds of billions of dollars. i will bet one day somebody is going to look back at this and they are going to say how on earth could we have thought it made sense to allow the banking industry to concentrate through merger and acquisition to become figure and bigger and bigger? far more firms in the category of too big to fail. >> wow. just -- one of the most prophetic things you will ever see, byron dorgan, warning the impact of repealing this. repealed and just as byron dorg an pred

dougherty.tter of religious conscience of an institution, white and black people cannot mix. as a matter of conscience they had to segregate their medical facilities. should we -- you know, conform the law to that kind of religious belief? >> right. i mean -- i have -- couple of objections to that in the sense, one, that isn't actually the case. that's happening. doesn't seem likely to be innocent. we can come up with other hypotheticals on the other side what if -- you know, we go back into population, worries, and say kads lick hospitals should be required to sterilize all men after their first pregnancy. >> that's -- right. you know, maybe a better hypothetical what if we had a jane hospital. would a jane hospital be able to refuse medicine that has been test order animals? be allowed to refuse, you know, employees to have insurance that covers medicine test order animals. >> right. i don't -- i don't have an answer for every specific religious view point. the fact is that -- we are in a coun