Ask the Professor

Dear Professor:

President Bush recently made an appointment of a federal judge while Congress was in recess. What is all the flap over his action?

Dear Kurt:

Good thing you brought this up; it is important that we take an objective look at this critical topic.

Firstly, all the President has done with his recess appointment of that federal judge is throw a big-time, ill-conceived, despicable, uncalled-for, out-of-line temper tantrum. I'm so mad that I could kick my dog. In fact I did, but only once, because then he bit me.

As you may know, a recess appointment is a temporary appointment of a judge, made during a Congressional recess, just to get around the Senate confirmation process.

Sometimes using this approach is an absolute necessity. For example, President Clinton appointed a judge to the Fourth Circuit Court of Appeals. This was a brilliant move by a brilliant president. He knew that the Senate would not approve his appointment (what a man of intuition), and since he was unwilling to let an eminently qualified judge be rejected by the Senate, he used this little end run around Congress to get his man into the position of federal appeals judge.

What is absolutely outrageous about President Bush's appointment is his reasons for making this recess appointment. Here's a man with absolutely no political prowess. During his tenure, members of the Senate have used filibusters to single-handedly prevent approval of some of his judicial nominations (well, duh!), and since he is unwilling to allow an eminently qualified judge be kept on hold by the Senate, he used this little end run around Congress to get his man onto the federal court.

See the difference?

Outrageous, huh? Oh, I could just spit! I'm so furious. Really! [BB]

Now let me be the first to say that there is absolutely nothing illegal with what the President did. He has explicit authority from the Constitution to do this. Also, there is nothing immoral with what the President did. This is just a routine political move in the day-to-day give-and-take of governmental actions. There's not even anything unethical with what the president did. He's the president, and this is one of the tools the he has at his disposal to move his agenda forward.

Still, it's just wrong. That's all. Don't ask me how, but it is. It is just totally, unequivocally evil. That is so obvious -- even an adolescent political observer ripe with the acne of governmental naivete can see that!

The problem is that President Bush is just bowing to what the public wants. That's hogwash, though. The President is supposed to be a leader. He gets elected to govern, not to follow. The President should take a cue from President Clinton. The latter governed by following the will of the people. Now that's leadership!

Frankly, though, I don't even care about this whole issue. Call it sour grapes if you must -- but it's not! Really!

Well, what if the president gets some of his ideologues on a federal bench. So What!! Now, I'm not saying I'm going to take my football and go home, but there are so many proper-minded ideologues on the bench that a conservative ideologue sprinkled here or there throughout the judiciary just isn't going to make much difference. So, I say, "SO WHAT!!!"

I can live with this -- for now.

I realize it has probably been frustrating to have me take such a guarded approach, moving delicately from point to point, in answering your question, but in order to remain objective, I must speak passionatelessly; it is important that I maintain an air of impartiality in this "Ask the Professor" forum.

Now, if you'll excuse me, I shouldn't have to spit in anger -- inside the house. My wife is giving me one of those looks.

The moral of the story? It's twofold. Firstly, to be a leader, President Bush should be more like President Clinton. Secondly, if you're angry, don't kick your dog and don't spit in the house.

Capeesh?

Professor Nutbottom is a Senior Fellow Professor of American Culture at Ivy Leaf University in Urnotserse, Pennsylvania. He enjoys reading, skiing, and sorting antique bottle caps. You can learn more about his creator by visiting http://pepe-day-2-day.blogspot.com.

The Cheers, (c) Rob Favero, All rights reserved.

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