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To: jazusamo
A vacancy that does not happen “during the Recess” cannot be filled by a recess appointment, said the judge.

Most of the discussion has been about whether the Senate was in recess at the time the appointments were made but I would argue that the above quotation is the most important aspect of this ruling. Congress was essentially a part time body when the Constitution was adopted and this provision was included to provide for continuity of government functions when the Senate was not physically present to consider appointments. When the Congress became a full time body, this provision became essentially meaningless.

38 posted on 01/25/2013 5:50:02 PM PST by etcb
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To: etcb

I agree with you in total.

If this ruling is appealed to SCOTUS and upheld it will return recess appointments to the original intention which will in effect negate them. Only under very specific circumstances could they be implemented in the future.


40 posted on 01/25/2013 6:21:07 PM PST by jazusamo ("Mercy to the guilty is cruelty to the innocent." -- Adam Smith)
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