Here's someone with a lot more brains than you
commenting on this topic:
So I guess it's not the President who's not following the intent of the Constitution?
I don't doubt Tribe has more brains than I do, but as a constitutional scholar, he's very much of the school of the "living" constitution. Or, the constitution only means what we want it to mean when we want it to mean that.
If we accept Tribe's interpretation, that means the President not longer needs Senate approval for appointments. Be careful what you wish for...
As for me, I'll go by the document that Tribe is bored with:
"The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session."