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Keep in mind, Berwick’s appointment ends at the end of 2011. He will have to go through a Senate Confirmation in 2012. The confirmation process will not go well for him, if Obama strives for another recess appointment of berwick there will be a lot more contentious time for him to pass more and more of his agenda. he will strive to Executive Orders. Whereby the people of America can say no to the Executive Orders - they are not law they are just the executive branch stating its will. the constitution is the final arbiter of the executive order process. If the president writes that every america must purchase a car. I do not have to purchase a car because he has not stipulated what kind of car I must purchase. i can go Walmart and purchase a Hot wheel car. I would be in compliance of his provisions as his belief in his authority, I do not have abide by the executive order because it is not law.