Posted on 04/15/2020 11:11:36 PM PDT by Hostage
The last time the Supreme Court ruled on an issue related to congress not formally adjourning session they left open the door to support Executive Branch invocation of Article II, Section 3, during an “unusual circumstance” or “national catastrophe.”
Today President Trump warned congress he may invoke Article II, sec 3, due to the COVID-19 crisis and his need for administration positions that have been delayed by democrats in the Senate for more than two years.
The coronavirus pandemic would seem to qualify as an “unusual circumstance” where recess appointments would be needed, valid and justified. However, senate democrats would likely fight any attempt in court. The Senate has refused to adjourn session since President Trump was inaugurated, and multiple cabinet officials have been blocked from confirmation.
According to Politico:
“Leader McConnell had a conversation today with the president to discuss Senate Democrats’ unprecedented obstruction of the president’s well-qualified nominees and shared his continued frustration with the process,” said a McConnell spokesman. “[McConnell] pledged to find ways to confirm nominees considered mission-critical to the COVID-19 pandemic, but under Senate rules that will take consent from Leader Schumer.” (link)
After the prepared remarks from President Trump, he explained why he is now looking strongly at the possibility of triggering the forced adjournment:
(Excerpt) Read more at theconservativetreehouse.com ...
Regular pol republican leaders seem not to want a comstitutionally-functioning executive branch.
That’s uniparty for ya.
Theoretically, he could recess-appoint two extra SCOTUS justices, too. The heat from exploding libtard heads could kill off most of the CV-19 viruses.
It’s a power that has never been used, and likely to be challenged to the Supreme Court. However, the Constitution didn’t really lay out exceptions or waivers. He could dismiss them all the way through til election-day, and make the day-to-day drama in DC rapidly downsize.
It does make one ponder how the Sunday talk-shows would function with no active drama going on.
He will do it too.
He’s going to have his boots planted so far up the democrats asses you’ll see the toes sticking out of their mouths by the time he gets through.
When anyone else says this, we yawn.... Pres Trump says it and if they don’t move on it.... he will!!
The reason I voted for him... fast and furious.... that’s what I wanted...
Day by day it becomes more obvious if we want a functional America ALL Democrats must be removed from power.
Lying stupidity. Trump’s power, now, is to convene the Congress- not to adjourn them.
They desperately don’t want to be convened.
You know what would be a hoot?
If he were to read an Americanized version of Cromwell’s speech.
Talk about exploding heads!!
“Regular pol republican leaders seem not to want a comstitutionally-functioning executive branch.”
What is the basis for your unsupported statement?
He actually performs BETTER than any action hero in a top rated movie.
Can't get enough of President Donald John Trump!
“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.”
The president’s power to adjourn Congress is dependent upon disagreement between the two houses regarding the time of adjournment. Nothing to do with his own personal needs for appointments. If the House is adjourned more than three days and the Senate consented to it, then there’s no disagreement.
Only to have grandstanding by chuck Schumer and Nancy Pelosi
So he will just recess Congress and make a whole bunch of recess appointments.
If the House is adjourned more than three days and the Senate consented to it, then there’s no disagreement.
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As POTUS pointed out today, the Senate is claiming to be in session—some sort of fakery that they do—they are not really doing anything, and may not even be in town.
They do this so that recess appointments can’t be made. POTUS is challenging their pretense.
You need to read article II section III more carefully.
“This Section invests the President with the discretion to convene Congress on “extraordinary occasions,” a power that has been used to call the chambers to consider nominations, war, and emergency legislation. It further grants the President the authority to adjourn Congress whenever the chambers cannot agree when to adjourn, a power that no President has ever exercised.”
https://constitutioncenter.org/interactive-constitution/interpretation/article-ii/clauses/348
For America, a Rump Congress would generate beacoup popcorn!!
Thank you Mr. President.
History and this current article.
Bkmk
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