i spent quite a bit of time looking at this precedent. i think this president in this circumstance overstepped his authority. my understanding, and please correct me if i'm wrong, is that the senate and only the senate, not the president of the united states has the power to determine when in recess. >> based on the constitution and practice as evolved over the last two centuries. we're expressly given the power to determine rules for our own producer and internal governance and we do that. >> so the president is relying in making this recess appointment on the office of legal counsel's justification in a memo they i should. their memo essentially said llc effectively asserts the president may unilaterally determine if the senate is in recess for purposes of exercising his recess appointment power. he's looking at the president's legal counsel's opinion that says he can decide when the senate is in recess. however, there's clear precedent that states only the senate has that authority. that's problem number one with this process. the othe

they set, it sets a precedent that a precedent at some feature they can reach into the senate and a time when they are in recess and when they are not in who we can appoint and we cannot and extend in a jittery time. to get two years. with this precedent, as it stands i now see anything in the way from sun's future memorial day weekend. the president saying he's not communicating over this long weekend. i'm going to build a record across the country in the for the next two years and you can't stop me. you see anything that would stop this? >> logically a very short half indeed from the loc memorandum, justifying her these recess appointments in the kind of recess appointments to describe according over weekend. enough of that ideal back. >> one quick question. mr., service be rated in terms of disapproval. who would have or could have, not the 44 for 47, who can't have in fact hold hearings, particularly the ellerbee, who schedules those? >> the committee. >> the committee is held by? >> democrats. >> did they schedule a hearing on appointing his? >> at least now but there's back to

this is a precedent not only going to apply to oil lines but will set the precedence. this is what we're going to do with the easements with transmission. as my colleague from massachusetts who has been brave about standing up for wind generation even in a state against opposition, the greatest barrier for renewable tos to geo cities is the creation of transmission lines down the line. you start setting a precedence that you're going to now not only not expedite the process, you're going to slow down the process of being able to make a linkage between where the energy can be created and consumed. th central wind mill, i'm sorry we don't have a map to show the greatest potential for wind generation is and where the demand is. you follow this precedence and go down the line, there are people who will not be able to invest in wind generation because they'll know this government will not back up the ability to transmit that clean energy. be careful where you go with this, guys. you may be aiming at the poor canadians because you don't think they care about the environment.

, of precedence for radical activism. and as much as jim might have thought of it that way, was always really interested in the historical question, not going around looking for radical precedence. and that meant that as the abolitionist movement got narrowed down to the most radical in the search for the purist and the greatest of the radicals, jim moved in the other direction. and in his later scholarship because he never was mesmerized by that cult of true radicalism, as i call it, he was open to a broader understanding of the origins of the civil war and embraced abraham lincoln and the republican party rather than dismissed him as part of what frederick douglass called in his great 1876 speech about lincoln the great movement to destroy slavery in the united states. and so we see in his later work another shift in the direction of his scholarship toward an increasing understanding of how broad and how difficult and how important that struggle finally was. which is another way of saying that 30 years later, we are sti

however, there's clear precedents in the states that only the senate has that authority. so that is problem number one with this process. the other two points i'd like to make is that back in 1993 during the clinton administration, department of justice filed a legal brief in federal court for the district of columbia, car good enough to recess lasted for three days, a president could not make an appointment for the three days at the third point i make is in the role of 2010, then solicitor general elena kagan acknowledged before the night is a supreme court that quote the senate may act to foreclose the president's recess appointment power by declining to recess for more than two or three days at a time over like that. presidents have not in recent decades made recess appointments during intercession recesses lasting eras in three days. so there is most recent opinions and presidents that by those who would likely support the philosophies of this president would college with this president is doing is wrong and to speak to the gentleman from virginia mentioned is that th

president bush set the precedent. it was the wrong precedent and i think that while there may be companies today that are doing well and obviously you have a couple of companies here that are, the long term consequences of this country and having set the precedent of the role of government in the economy is not a good one. >> the comments of rick santorum at the detroit economic club. the national journal puts it this way. the republican candidate veering from a speech at the club today to defend his record against some sustained attacks by mitt romney. the romney campaign has been holding nearly daily conference calls in the last week discussing rick santorum's support for earmarks in congress and pro romney super package what is called a multimillion dollar ad campaign aimed to target santorum's record. rick santorum is moving ahead in michigan, essentially newt gingrich is not competing in michigan. another survey showing rick santorum is ahead in ohio which has its primary in early march. so a lot of attention on

they set, it sets a precedent that a precedent at some feature they can reach into the senate and a time when they are in recess and when they are not in who we can appoint and we cannot and extend in a jittery time. to get two years. with this precedent, as it stands i now see anything in the way from sun's future memorial day weekend. the president saying he's not communicating over this long weekend. i'm going to build a record across the country in the for the next two years and you can't stop me. you see anything that would stop this? >> logically a very short half indeed from the loc memorandum, justifying her these recess appointments in the kind of recess appointments to describe according over weekend. enough of that ideal back. >> one quick question. mr., service be rated in terms of disapproval. who would have or could have, not the 44 for 47, who can't have in fact hold hearings, particularly the ellerbee, who schedules those? >> the committee. >> the committee is held by? >> democrats. >> did they schedule a hearing on appointing his? >> at least now but there's back to

the '60s generation turned to abolitionism as a precedent. the freedom writers were new abolitionists. jim redefined it and made it relevant so is ceased to merely be a struggle to get slavery abolished and a much broader struggle for equality, racial equality. i'm more to think of it as a movement to abolish slavery with relationships to the question of civil rights, but fundamentally oriented towards that particular moment. for jim, then, the logical conclusion of the abolitionist movement, the abolitionist legacy as the second volume of the study of abolitionism is the founding of naacp. whereas for me it would be the end of the logical conclusion of abolitionism would be the 13th amendment. i think all of that difference between where he comes from and where i come from would shape the way we think about the sieve war, particularly origins of the civil war. that generation of the '60s and all the scholarship on abolitionism since then reversed a trend that had been going on since the 30s through the 1950s to focus, find anti-slavery origi

this is a terrible precedent. if you care about your state's ability to control their own destiny insofar as water is concerned, you do not want this bill to pass because it is a blatant attempt by the west side farmers to simply grab water and take total control of the california water system. all of the environmental laws of the state of california, and it overrides the state's constitution. i cannot think of a worst policy for everyone to be supporting if you care anything at all about sfates' rights. in addition to that, the bill total low destroys the efforts that jb under way to solve the -- efforts that have been under way to solve the problem. there is 600,000 acre-feet stolen and delivered to the water contracts. for that it should be defeated. about accomplish on's attempt to have his bill heard on this floor, not a bad idea. and consider for a moment there are 26 million gallons of gasoline exported from the united states every day. something's wrong when that's occurring at the same time we're finding

i tell you it is a dangerous precedent to start. parks next speaker. your parks are would like to echo some of those statements -- >> i would like to echo some of those statements. it is not important politically for city hall, but this commission is vitally important for small business people like me. we come to this commission for guidance, to tell you what our plight is, what our employees mean to us, and i think to flip- flop is not going to be beneficial, although i commend to commissioner o'brien for doing a wonderful job. he has seen pharaonic now professional. i do not think you will have a better commissioner than kathleen dooley. she has many coalitions that come to her. she has a lot of support from the grassroots level but rely on her. her phone rings off a hoax. -- off the hook, so it is vitally important and we have that resources to go to a. it has been my personal experience that very many coalitions refer to her. i think it is not fair to flip- flop. i think commissioner o'brien is going to do a good job, but i urge you to a accept kat

it was the wrong precedent. and i think that while there may be companies today that are doing well, and obviously you have a couple companies here that are, the long-term consequences to this country, having set the precedent, the role of government in the economy, is not going to be a good one. >> i own a small business. how will your administration help small businesses? >> well, i take, for example, what we do with the corporate taxes. we cut corporate tax rates in half. we make it basically a flat tax. that's a great advantage to small business. why? because small businesses don't have the compliance departments and the auditors and the accounts to be able to figure out how to maximize their -- look, i do my own taxes. heck, romney paid half the tax rate i did. so obviously he doesn't do his own taxes. maybe i should hire an accountant in the future. no, look. you have -- you have the opportunity if you're a large corporation to have a lot more folks looking at these things and drilling down and creating, y

make no mistake, this is a huge breech of precedent. if the president is allowed to determine when we are in recess, nothing prevents him from making recess appointments this evening at 8:00 or on the weekend. if this is allowed to stand, if this precedent is allowed to starntiondz nothing stops the president from appointing a supreme court justice-to-tonight at 8:00. that the kind of lawlessness we want in our country? are we going to completely abandon the advise and consent role of the constitution and of the senate? i ask today, is there not one senator from across the aisle who will stand up against this unconstitutional power grab? is there not one senator from across the aisle who will say to the president that these illegal appointments set a terrible precedent, that these appointments will encourage a lawlessness, that these appointments eviscerate the advise and consent clause of the constitution? i ask my colleagues from across the aisle, where is your concern for the checks and balances? where is your concern for the constit

general assembly concerts a dangerous precedent. the arab countries in the western countries want to show that they're doing something. if they were serious then they would have pressed for a special general assembly an emergency special general assembly meeting under the uniting for peace resolution and this you made me remember field rich with irony was the form that the u.s. and britain used to fight the korean war in the face of a soviet veto in the early fifty's since then it was resurrected by the palestinians to bypass the american b.t.o. in the security council and that's i presume his wife is not being involved now because i use the phrase a non-binding resolution a resolution that established the state of israel and partition this was a general assembly resolution that was not binding then we're doing go from there and you know what we have is some of our say that resolutions they like are binding a resolution they don't like a non-binding. the contrary president of the general assembly could have followed earlier preceden

white viewed the majority opinion as inconsistent with text, precedent and sound policy. his opinion closed on a raw note widely quoted at the time. in some unknown number of cases the court's rule will overreturn a killer, rapest or other criminal to the streets and the environment which produced him to repeat his crime however it pleases him. as a consequence there will not be a gain but a loss in human dignity. less than a decade later, white pub accomplished his most searing opinion, a dissent in roe versus wade. the opinion for forever cast him on the dark side in the minds of liberal scholars and opinionmakers. the language of the opinion comes close to accusing majority of ill legitimacy. "i find nothing in the language or history of the constitution to support the court's judgment. the court simply fashions and announces a new constitutional right for pregnant mothers with scarcely any reason or authority for inn that action to overright most existing state abortion statutes. up shot is that the people in the legislatures of 50 states are constitutionally disentit

and if we're not diligent in ensuring in this case decisions upheld, we set a precedent as the gentleman from oklahoma said that, why just in this instance, why isn't au adjourned on a thursday, plan on coming back monday, and the president, whomever would be in that office in the future say, hey, you're out of session, you're in recess over the weekend, i can appoint whomever i choose. that would eliminate the checks and balances and the advising consent rule. >> that's exactly right. and this is what the founding fathers had in mind when they considered but decided against giving the president the unilateral authority to appoint nominees without senate confirmation because, quote, the people will think we are leaning too much towards monarchy, close quote. we were getting away from a system of monarchy in great britain. we didn't want one here. that's why we did this. you're absolutely right in suggesting that this is a slippery slope and that in the future, regardless of whether it's a republican or democrat in office, this could become a problem and it's a problem that could lead to

so, if their precedence -- if the other side would get their way on this, and that precedent would stand, next time a commissioner is appointed for the fda are we going to say, we're not going to aimprove him until we weaken food safety laws, as senator jack reed has said? is that the way we're going to operate this place? we can't operate this government when one party says we're not going to confirm somebody because we don't like the agency over which he will -- which he will administer or regulate. in the end, we know that the other side was simply doing the bidding of wall street. that's what they've always done. that's what they're doing today. that's what they'll continue to do. but this agency has important work to do. you can see already the effectiveness when people whom you wouldn't -- from whom you wouldn't expect compliments are saying those positive things. let's put that aside and talk about what rich cordray, what the consumer bureau can do as in my subcommittee when skip humphrey testified about what they're doing with senators to protect seniors and what holly petraeus h

they don't want to establish a precedent they consider these resolutions binding because that would be accepting next time the u.s. be there was a palestinian resolution. well alarming reports continue to emanate from the protest hub of homs as opposition activists suggest the city is suffering its heaviest shelling for days with the spiraling violence now being fanned by players such as al qaida there concerns the crisis could become increasingly sectarian as artists earth now reports. the predominantly christian town of milly lies in the syrian mountains yet even here in this hauntingly beautiful place and the signs of the pale rising conflict is tearing apart much of the country right now creeping in and a sense of foreboding hangs heavy locals tell us they didn't travel out of this area much longer feel it's safe we speak to the nuns at the monastery here they tell us about the town's preservation of the ancient aramaic language and like their cherished tongue they hate the fine balance of religious groups in the country can be kept even in these difficult times we have been living

hasn't done so and i'm sure that's because of western pressure he they don't want to establish a precedent they consider these resolution finding because that would be upsetting next time the u.s. and you don't have any resolution. but alarming reports continue to emanate from the protest hub of homs as opposition activists suggest the city is suffering its heaviest shelling for days the spiraling violence lobbying firm by players such as a kind of concerns a crisis could become increasing sectarian as artists are furthur about. the predominantly christian town of million in the syrian mountains it's even here in this hauntingly beautiful place and signs of the pre-writing conflict is tearing apart much of the country right now creeping in and the sense of foreboding hangs heavy because they don't travel out of this area much they need longer fear let's say we speak to the nuns at the monastery here they tell us about the town's preservation of the ancient aramaic language and like their cherished tongue they hate the fine balance of religious groups in the country can be kept even in thes

it doesiilate to a certain extent past precedent, but that is not the first time that precedent has been altered in the course of doing the right thing. ultimately, i think that we have to as trent said earlier address the whole nominating process, but short of that, because you had two institutions that literally could not function without these nominees, and this is not just the nomination, but this had to do with whether these agencies could even function, and i think that in the name of creating an opportunity for the agencies to do what they were by law required to do, he had no choice. >> i guess that the courts will decide. i think that it was wrong and he should have done it and maybe there is a chance that the courts will rule that way. i am trying to remember who perfected this technique of having these pro forma sessions, and i don't think i did that, but i think that harry really turned it into a fine art to keep bush from doing that. we used to have the struggles when clinton was president. dave hoppe was my chief of staff, and now he is the chief of staff for jon kyl, anb w

carefully choreographed tours to the devotion of the heroic leader and untried government over which he preceded. essentially before he developed the bully pulpit, i was recently in newport, rhode island and leading a historical tour and we went to the synagogue, which is one of, if not the oldest synagogues in america. and a place immortalized because of washington's visit during the his first term. rhode island, you may recall, had held back from joining the union. washington referred to rhode island's conduct as infamous. many people have said that about rhode island over the years but in any event, once rhode island joined the club as it were, washington was sure to include it on our extensive tour. in newport he went to the synagogue and his response to the congregation's readings remains the classic statement of american pluralism. this is washington. all possess alike, he's speaking of americans, all possess alike liberties of conscience and immunities of citizenship. for happily the government of the united states which gives to bigotry no -- to persecution no assistance, requires only t

whereby disinfected minority regions might in the future invoked that precedent. of course the other major result of the war as oblition of slavery and series of constitutional amendments and laws passed during and after the civil war that created constitutional equality for all people and that made it possible 140 some years later for an african-american to be elected president of the united states, which of course is another important legacy. it's quite true that many of the issues that divided country in the middle of the 19th century are still with us today either latent or active and that represents a kind of continuing struggle in this country to fulfill the ideas that were launched, i think, by northern victory in the war. >> our guest is professor james mcpherson, professor at princeon university and he's one of the five historians speaking today at the library of virginia making their nominations and their cases for person of the year, 1862, as the nation recognizes the 150th anniversary of the civil war. here's bob in washington d.c. go ahead. >> caller:

what we are fearing is that we will set a precedent. this is the building of the project. as you can see, these are architectural details on the roof that were put there when the buildings were originally built to have a low skill residential feeling. according to our calculations indicates what we will see from the street once this project is put in. it will be out of character with everything else on the block. in addition, we have a beautiful deck and this is what is seen today. this has a wonderful view and so on and so forth. this is what we project. the wall will take a significant portion away of the airiness of the deck and that would be the consequence. here is an isometric indicating the scale of this development in relationship to our property that we are on. what we are requesting today and is that a portion of this front be pulled back no more than five or 6 feet. we feel that it would be less observable from the street and will have less impact on our deck and it will also protect the resources, which is the streetscape. we don't have too many of these in san

washington repeated the gesture a bit more forcefully, and then reluctantly, the new vice president preceded him to the door. outside a large crowd was on hand to cheer the outgoing president, slowing his progress down chestnut street. a few rejoiced at his departure. unrepen tent to the last, the philadelphia aurora proclaimed, quote, every heart ought to be high with exultation the name of washington from his day ceases to give a currency to corruption. washington characteristically declined to engage his nemesis in public debate. privately he confided, quote, this man has celebrity in a certain way, for his calamise are to be exceeded only by imputence and both stand unrivaled. with his usual quiet competence, presidential secretary tobias saw to the packing of 97 boxes, 14 trunks, 43 casts, 13 packages and 3 hampers for transport on the salem. lea would perform a more personal service on a bleak december night, less than three years later, when he ministered to his friend, as washington lay dying at mt. vernon from a lethally sore throat. by then, washington had performed his last, great

and that set some important legal precedents. another individual that i talk about in the book is william ellison. and mr. ellison was a free black in south carolina. he was one of the most successful slave owners in the south prior to the outbreak of the war. he was a cotton begin builder. and if you wanted a cotton gin built right, you went to this free black, william ellison and he sent out a crew to build you what was perhaps the best cotton gin built. and his work force was made up of slaves. according to the 1830 united states census, in the states of louisiana, maryland, south carolina, and virginia, free african-americans owned more than 10,000 slaves in 1830. in south carolina alone, there were 171,000 african-american slave owners that owned slaves in 1860. in the book, spent a number of chapters looking at the work life, family life, social life, food, clothing, shelter, religious life, medical life, the education or lack there of education of slaves in the american south. and time certainly doesn't permit us to cover

so this is really ground breaking and really kind of departing from legal precedent. >> andrew puno is with protect marriage.com which has long fought against gay marriage. he said prop eight supporters will appeal today's decision. >>> we won, that was lieutenant governor gavin newsom's reaction to the news on twitter. when newsom was san francisco mayor, they made waves. >> it's happening in our lifetime in realtime and i'm very proud of this court's decision. >> reporter: in 2008, newsom married miayan and martin again when the supreme court lifted the bar of such union. >>> and you can read the court ruling for yourself by going to ktvu.com. just look under the top story on our home page. >>> we are getting an incredible look tonight at a fire in san leandro that broke out this morning and we're getting it from a firefighters perspective. >> reporter: the two alarm fire in unincorporated san leandro forced a dozen people from their home just after 7:00 a.m. you can see here a woman lowering her child to the arms of a waiting firefighter. and this helmet cam video also shows just ho

was among those that gathered to consider his civil rights legacy and the groundwork that preceded the civil rights movement of the 1960s. this discussion is about 90 minutes. >> well, will the real dwight eisenhower please stand up. today we review the impact of eisenhower's legacy on civil rights. historians have looked at his records in this area and have come to very different conclusions. when eisenhower assumed the presidency, the armed services had recently been integrated, but segregation still held firm in public schools. no civil rights act had been passed since 1875, and the power of the military had not been used to protect the interests of african-americans since the reconstruction period. by the end of his presidency, the brown versus board of education decision in the supreme court upended the notion of separate but equal education. federal troops had been sent into little rock, arkansas, to force the integration of a high school, and the civil rights act passed into law. in some ways president eisenhower pushed the currents of history to open up greater opportunities fo

whereby disaffected minority regions might in the future have invoked that precedent. and we might be several countries today like south america rather than one united country. and of course, the other major result of the war was the abolition of slavery and the series of constitutional amendments and laws passed during and after the civil war that created constitutional equality for all people. and that made it possible 140 some years later for an african-american to be elected president of the united states. which of course is another important legacy. it's quite true that many of the issues that divided the country in the middle of the 19th century are still with us today either latent or active. and that represents a kind of continuing struggle in this country to fulfill the ideas that were launched, i think, by northern victory in the war. >> our guest is professor james mcpherson, profess iremeritus at princeton university. he is one of the five historians speaking today live in at the university of virginia on the confederacy and making their cases for person of

del rio says new york city's policy may be a precedent in what he sees as a movement to secularize the nation. >> if you think cupy wall street can make some noise, there is going to be some real movement here from communities like ours, because we are not going to let this die. going to let this die. >> reporter: abounding grace has found a new temporary worship location for the next few weeks and has joined a coalition of churches fighting the policy. i'm kim lawton reporting. >>> in other news, a new poll shows growing support for gop presidential hopeful rick santorum, especially among conservative religious voters. according to the pew research center, santorum now leads mitt romney among white evangelical republicans, 41%-23%. santorum's popularity with that group has nearly doubled since january. he also polls higher than any other candidate among white catholics. >>> we have a special report today on south carolina's tough new law on voter identification. enforcement of the law is on ho for now, while e federal government instiges. but sharp debate continues. is the aim to prev

so i think it's a bad precedent. i would usual people to support it. thank you, mr. chairman. >> thank you, senator johnson. i appreciate the amendment. we could -- obviously one of the major responsibilities that the postal service has is a necessity is to reduce the level of employment. it -- as we have said here before this morning, 80% of the costs are personnel. it's much higher than fedex and u.p.s. but we have to acknowledge that as we did in the discussion with senator moran, this is a different kind of institution and it has a requirement of universal service so it does need more personnel. in fact, the network that it has to deliver to the so-called last mile is one of its great assets. so great that u.p.s. and fedex as senator levin referred earlier basically purchased the services of the u.s. postal service for the delivery of that last mile. considering even all that, we still think that the postmaster feels very strongly about this and the unions have cooperated with some significant reduction in work force, but we need more. there have been some sugges

and there is precedent for this. san francisco haslett on senior issues in the past as well. in conjunction with the city- funded singer care facility, san francisco and implemented a program to stop the unlawful fiscal restraint and drugging of residents. -- physical restraining and drugging of residents. lgbt elders also face complete disregard for their powers of attorney in advance directives. in my own work, i seen this firsthand. in one case, state officials separated the gay couple, stole their belongings, and cut the help the partner from visiting his sick partner. this went on for weeks, and the man died without his partner getting a chance to say goodbye. we assisted in a similar case two weeks ago in another state. it would do something about this as well. activists are currently pushing for the establishment of a kinship residency -- registry and san francisco, allow anybody to choose from a menu of options to determine who should make decisions about medical care, finance, and other issues. many seniors to not enter into domestic partnerships. this is a strongly

a number of the senators who preceded me touched on issues of real concern to me. alan gross' case in cuba, iran sanctions and making sure we continue to press them, the path forward with egypt, there has been lots of good ground covered. and i want to associate myself with senator rubio's comments about pepfar and its importance. i wanted to move, if i could, to the twin concerns of trade and governance and how an american values agenda around governance and tran parent sy and rule of law also helps promote economic opportunity, economic state craft as you put it. you recently commented at the first ever state department global business conference how america's foreign policy can champion u.s. business abroad and drive recovery here at home. describe for me, if you would, a little detail the tools pursuing these critically important objectives in africa in this fy-'13 budget request and what we're doing around trade and investment for the united states. and if we could go on to a question about governance. >> thank you. and thanks for your passion and commitment t

you don't want to establish a precedent they consider these resolutions binding because that will go to the next and the u.s. and you don't have all of the resolution. but alarming reports continue to emanate from the protests heart of homes as opposition activists suggest the city is suffering its heaviest shelling for days with the spiraling violence now being fanned by players such as al-qaeda there are concerns that the crisis could become increasingly sectarian thirteen sara firth reports from to math. the pit done in the christian town of many lies in the syrian manson's it's even here in his peaceful place and signs of the pay writing conflict it's tearing apart much of the country right now creeping in and a sense of full blading hangs heavy. they cause telus they don't travel out of this area much they may longer feel safe he speaks of the nuns of the monastery here they tell us about the town's preservation of the ancient karam a language and like their cherished tongue they hate the fine balance of religious crease in a country can be kept even in these difficult times tha

if we continue on this precedent, tonight at 9:00, he could appoint a supreme court justice.is a terrible precedent. and i think that kind of lawlessness we don't want to live under. >>neil: a lot of democrats are criticizing the republicans' position and their anger at the anger of president bush putting bolton be in there as a u.n. ambassador. >>guest: what happened they got mad at that the president, harry reid then would not allow the nat to go out of session, and, so they did not allow anymore recess appointments after that by doing exactly what the republicans have been doing and that is staying in pro forma session so we do not go into recess so we are doing exactly what the democrats did to prevent george bush from having recess appointments and it is part of the checks and balances between the senate and the presidency. >>neil: then he has violated the constitution, or the separation of powers that is an impeachable offense and is extreme. do you agree? >>guest: we have to have the courts determine whether he violated the constitution. we can make that accusation, an

the first 18 pages of it go through olc precedent that nobody is disputing. analysis on pages 18 and 19 are entirely conclusionary. what animates this opinion, to put it very crispy, is you've been somehow the president is entitled to recess appointment. the reason the recess appointment is a gap filler, if seven is so wanted it can of rang for himself to be in constant session. the president does not have a power or to. if congress an cummings and his colleagues, they are right to populate the executive branch with the people he finds congenial. i'm actually sympathetic to you but if a senate wish toes disapprove or not vote, the president will be very lonely. that is perhaps unfor late, but that is a reason to work with constitutions. there's a great deal at stake here. we're talking about the greatest. and it's amazing to me that people were very critical of a previous president in this area. unjustly, in my opinion. seemed to be quite silent now. thank you. >> thank you. mr. carter? >> thank you, chairman issa and ranking member cummings for unsiding befo