President Bush recently appointed a new ambassador to Belgium and his decision has caused a vocal response from Democratic senators. Sam Fox's new appointment was bound to be protested by the democrats from the start because of his participation in a project that is alleged to have damaged John Kerry's reputation during the 2004 presidential election. Bush's actions in appointing Fox did seem rather sketchy; he gave Fox the position while Congress was on recess. Despite democrat protests, the Government Accountability Office, a hand of Congress, said Fox can continue to serve in the diplomatic post but cannot draw a government salary because federal law prohibits payment for some recess appointments. Fox has agreed to work without pay.
http://news.yahoo.com/s/ap/20070625/ap_on_go_ot/ambassador_swift_boat&printer=1;_ylt=Ao5yGVQE2EsrqQutwrzKhox2wPIE
This article shows the President's power to appoint certain members of the federal government but also show Congress' power to deny his appointments. In this particular case, Congress chose not to employ this power though it was their right to, because they didn't see the appointment as a violation. The GAO also had to consider federal laws in this case, which said that Fox couldn't receive a salary because of the circumstances of his appointment.
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The exectutive activity that is being exercised while one of the checks was out of commission, to me, seems to be sketchy, like you said. It also seems to be downright sneaky and insulting. Insulting because Bush appoints Fox in the public eye while Congress is on recess almost as if to say, "Haha, you can't do anything about this!" However, Congress's decision to allow Fox to continue to serve is futher insulting because it just encourages any future president to abuse his powers under loop holes.
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