The Worst Post on Recess Appointments?

I think it is not surprising that the leading current commentaries supporting the President — including the four mentioned above — focus on modern needs or on practice long after ratification. The founding-era meaning is clear and straightforward. Cecere’s weak attempt to show otherwise actually confirms it.

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Obama Mulls More Military in Iraq: States Should Refuse to Participate

The Nov. 5 edition of Stars and Stripes reported that President Obama is considering renewed military assistance to Iraq.

After a White House meeting with Iraqi Prime Minister Nouri al-Maliki, Obama said he shares al-Maliki’s fears about militants’ growing foothold in Iraq’s western province and will join the Iraqi leader’s effort to crack down. Administration officials said this would include growing intelligence support and new weaponry.

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My “Amicus Brief” in Bond v. United States

In sum, there are at least two ways the Court in Bond can accommodate federalism without undermining national foreign policy. It can construe ambiguous treaties not to reach purely local conduct. And it can require Congress to make a plausible showing that federal regulation of local conduct is needed to prevent material breach of treaty obligations. Either approach would allow Bond to win the case without undermining national treaty power.

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