OF THE BEHAVIOR OF the government under the Constitution, there would be a whole lot of unhappy politicians. I’d be “Bailiff! Whack his pee-pee!”* Left and Right.
About the whole recess appointment power grab. The Constitution says, in relevant part:
“The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of the next session.”
Please take note of the phrase “that may happen”. You gonna tell me that the post now allegedly filled by (former Ohio Attorney General) Richard Cordray just happened to come vacant in the three days you claim the Senate was in recess, (when, in fact, and by law, it could not have been)? Just happened to come vacant just right then.
‘Cause that’s what the Constitution says has to happen. That’s the only exception to the “advice and consent” thing.
*Pop culture reference fer ya, there.