The President's recognition authority cannot be exercised in a manner that would nullify the U.S. Senate's authority to adviseandconsent on the making of a treaty.
The law prohibiting low-yield weapon design has been repealed, and the CTBT has been shelved after the Senate refused--by a wide margin--to adviseandconsent to its ratification.
To circumvent the Senate's constitutional role to adviseandconsent on nominations, President Obama has made so-called recess appointments when the Senate wasn't in recess appointments that two federal appellate courts agreed would be unconstitutional.
The hearings have also served to identify areas that require further investigation by members of the Senate if they are responsibly to exercise their constitutional duty to adviseandconsent to treaties like the Chemical Weapons Convention.
Finally, given the far-reaching implications of the New START Treaty, it would be wholly inappropriate for a Senate made up of many members whose replacements have just been elected to deny the latter the opportunity to adviseandconsent to an accord that will be implemented on their watch.