I guess I don’t understand. It appears the Senate can recess without the House approving, but only for 3 days. Wouldn’t that give Obama 72 hrs. to pack every vacancy in every Federal agency? Reid kept Bush from making recess appointments by keeping the Senate in phony rump sessions, but he could do it because he held the majority.
Constitution. Article 1, Section 5 says
“Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days[.]”.Because we now control the house, this is possible.This means that without the consent of the Republican-controlled House of Representatives, the Senate cannot adjourn for more than three days, and thus President Obama cannot make any recess appointments.
...However, there is almost universal agreement among scholars that a recess of less than three days does not trigger the recess appointment power.