On Monday, Solicitor General Verrilli spotlighted this big-picture originalist perspective. He paraphrased and cited Federalist #51. In closing, he warned that if the Court accepted the challengers’ invitation to intervene in this inter-branch “political fight,” that would, antithetical to the founders’ design, “write the recess appointment power out of the Constitution,” and “disarm one side.”
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This time of year, most of us are reflecting on the year that has drawn to a close and making resolutions for the new one. Over at One First Street, perhaps the Supreme Court’s justices are doing the same. But while the rest of us are vowing to get to the gym more often or eat more kale, the justices should focus on one simple resolution for 2014: Follow the Constitution.