[Editor's Note: The following piece is the second in a four-part dialogue between Tillman and Kalt. Tillman's opening piece can be found here, Tillman's reply to this response can be found here, and Kalt's final rejoinder can be found here.]
The federal appointment process has degenerated in recent decades. As the Senate has become more comfortable ignoring nominations instead of rejecting them, Presidents have become more comfortable pushing their recess-appointment powers to their fullest extent—and perhaps beyond. In his piece on the Recess Appointments Clause, Seth Barrett Tillman offers a clever way for the Senate to respond, which I will call the "Tillman adjournment." This response suggests some reasons why the Senate is unlikely to try a Tillman adjournment. In brief, the tactic suffers from both constitutional problems and even deeper practical problems.