latchingto me you are onto the recess appointment clause as a way to combat that intransigence rather than to deal with the happenstance that the senate is not in session when a vacancy becomes open. >> those things asked those are often situations in which the senate is not in session when a vacancy becomes open or needs to be filled, i guess would be the more accurate way to say it. i will give you another example from the 1940's. taft-hartley gets elected in 1947 in the senate -- in the summer. on requirement is that the general counsel of the nlrb must enforce the ban on secondary ,hat cuts within a fixed time 30 or 60 days. it turns out there is no general counsel at that time. -- the congress and executive have come together to address those problems and a vast number of cases by providing there can be an acting general counsel of the nlrb to deal with that situation. >> with respect to multimember boards, the vacancy at does not cover them. that is one reason we have the problem here. beyond that, the framers made a judgment that this was not going to be left to congressional l