The Meaning of the Word "Recess"

TO ANY STUDENT of american government, past or present, it is tempting to think that american political leaders use their power merely to contest the power of other government leaders, in a show of force, some egotistical power struggle for the sake of...nothing, other than demonstrating power.

Some of the things they fight over, you would think should have been resolved long ago - if they had wanted to, or tried. Why oh why have we not decided, long ago, the difference between "intersessional" congressional recesses, and "intrasessional" congressional recesses.

the National Labor Relations Board has five people, plus an official legal counselor, who are appointed for five year terms by the president, and who's job it is to oversee and resolve labor relations and disputes. It was created early in the roosevelt administration as part of FDR's big depresssion era government power expansion.

 so anyway,congress leaves town, and obama appoints NLRB members, which, yesterday, were declared unconstitutional by a federal court of appeals, because at the time of the appointments, congress was not in a recess between formal sessions, but was merely taking a quick break in the middle of an ongoing session. There is a difference, and the constitution is not clear about it.

But at least now the supreme court will have something to do, as if it didn't already have enough on its plate, and perhaps, at long last, the issue will be resolved... Presidents have been sneaking through recess appointments since george washington's day, hoping that when the senate finally meets to confirm or reject them,

the mood will be more favorable than when a session is in progress, which, strangely, it often is. recess appointments tend to be confirmend, for some reason. maybe it helps to give senators extra time to think about them.

the problem is, over the years, american presidents have tended to take an increasing broad definition of "recess", such that now it has come to mean anytime a few senators take a bathroom break.  seems like we could simply agree on a definite definition of a simple word, like "recess", doesn't it...

but instead of placing the burden on people who've been  dead for two hundred years, (the founders) why not just agree that whatever we decide, its our decision, not theirs. Oh well, that's the supreme court's problem, or will be, soon enough. surely obama will appeal. wouldn't you?