mr. estrada? >> thank you, mr. chief justice, and may it please the court.ustice kagan recognized earlier in the argument, in this case fundamentally is about who gets to decide whether the senate is in recess. the senate or the president. our submission today is that the senate gets to decide whether the senate is in recess. >> mr. estrada, you said in your brief that that was true within wide limbs. what are -- wide limits. what are the wide limits? >> this is all about how defendant chooses5÷ to arranges affairs, justice kagan, under the rules of proceedings act. and what the court said in the -- [inaudible] case was that the exercise of rulemaking authority by congress was almost absolute and beyond the challenge of anybody or tribunal unless it usurps some independent constitutional authority. the only possible offer here that the solicitor general has as to how the constitution could have been violated by the actions of the senate in arranging its own affairs is the notion that this has invaded the purported recess appointments power of the president.