while re-reading Article II of the Constitution (*'s job description)

I got a brain-smack as I scanned,

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.

The phrase '. . .Power to fill up all Vacancies that may happen during the Recess...' has me scratching my head. IMHO this says if a vacancy occurs DURING a recess, then the President can fill it. Just how does, 'Vacancies that may happen' cover vacancies that have already occurred? Is there a distinction between, 'standing vacancies' and 'Vacancies that may happen during the Recess'?

Anyone got any input on this, or am I just being nit-picky again...

One way or the other, I read and re-read Article II and still find nothing that justifies the President spying on us domestically.

those who wish we had a monarchy instead of a republic and those who had transient political objectives served by increased executive power have methodically exploited every opening to expand the powers of the Presidency

Grammatically, at least, I agree with your reading. It seems the president is not allowed to grant commissions unless the Senate was not in a position to do so at the time of the vacancy. Clearly it was out in place to allow the president some leeway in a time when people died more suddenly and Senate recesses were longer.

But you missed one key point in Article II. At no point does it specifically say that "President George W. Bush cannot spy on the domestic polity." It is that teeny-tiny loophole that saves his bacon. SO what we need to do is amend the constitution to require sitting presidents to have no proper name. Only in this was can such vague terms as "president" be applied fairly.

by the supreme court. I forget the rationale, but you could probably find it.