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To build up much opposition -- he just decided, i think, that he was going to show the senate, if congress won't approve what he wants, he is going to do it on his own. the constitution doesn't permit that. >> what do you think senator harry reid thought of that? he's the majority leader? >> he complained about it. but in fact, senator reid developed the procedure that president bush had used when president bush declined to make recess appointments if the senate was in a pro forma session, which we were at the time. so what president obama did was violate a procedure that senator reid had crea...

We did in court ap they agreed with us. >> greta: what is pro forma session was as opposed to a recess. >> that wasn't important. what the contract-- let's say you're he a 10th grader taking american history and read the constitution, article 2, section 2. says the president may make recess appointments only during the recess if the vacancy happens during the recess and if you go back to the founding of the country when you took carriages and horse toss washington, it was created for a time when senators were gone for six months or seven months a year. so, what the court said is if the vacancy...

White house. always good to see you. hello and tell us how big of a setback is this for the administration? i guess what do we do next? >> reporter: great to see you as well, t.j. this is certainly a setback for the obama administration. the white house sharply criticizing this ruling and pointing to the fact that presidents going back 150 years have engaged in appointments, recess appointments. ronald reagan made more than 200. george w bush made more than 100. at issue in this instance is the senate technically in recess when they are in a pro forma session. pro forma means that senators are...

>> bret: explain this. thenate was in a pro forma session. the republicans kept it in pro forma session. they were doing some things. they were moving some things along. some things were moving through. it wasn't a full session. democrats were refuting that. the president said they were re -- the president said they were recess appointments and the republicans said we weren't in recess. >> recess appointments look like a power grab and they are. they use them to slip through controversial nominee the other party opposes. george w. bush did it 171 times. clinton, 139. reagan 243 times. this a p...

Decisions of the board undone. and everything -- >> bret: on the senate side, this hasn't been done like this, been pro forma session. you ticked off all the recess appointments but no other recess appointment had been done like this. that is the difference. >> bret: where they were illegitimate sessions. >> this is what the presidency makes. >> i'm not defending their maneuvers, i'm saying this is why -- >> you said they were technically in session. technically is a way of saying legally. >> harry reid is the one who thought this up. this is a keen strategy. i agree. >> bret: bush didn't move...