Reader Comment, July 31, 2005

A reader of this journal recently e-mailed me with the following questions which he suggested might be posted here. Your considered replies, by e-mail to the contact address given elsewhere in this blog, are welcome and may be forwarded to the reader and/or posted here.

1. How can Bush be making these appointments of long contested nominations during recess? Doesn't the Constitution specifically state that he can only make recess appointments if the position became vacant during the recess:

Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate.

2. Can a Constitutional amendment be overridden by a bill, or only by another amendment? If only by amendment, then wouldn't that make parts of the Patriot Act unconstitutional, for it is overriding protections specifically guaranteed under the Fourth Amendment?

Article [IV.] The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.