A fully functioning national government is critically necessary for our republic to successfully confront its severe problems in the next four years. The president must enact a bold appointment strategy to keep all federal offices staffed. Even as the Senate minority takes its obstructionist arguments to federal court, the 113th Senate majority should forever end confirmation filibusters. Regardless of upper-chamber reform, Barack Obama should formally regularize the use of recess commissions as the default appointment method. Article II, Section 3 is a mandatory obligation: "[H]e shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."
Victor Williams is a clinical assistant professor of law at Catholic University of America Columbus School of Law. He has tendered amicus briefs, in the Third, Fourth, Seventh and D.C. Circuit adjudications, that raise and argue political-question nonjusticiability.