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To: lbryce

From the article: “GOP lawmakers used the tactic — as Democrats have in the past as well — specifically to prevent the president from using his recess power.”

IIRC it was Democrats that pioneered the trick to prevent a President, which one I don’t recall, nor who it was they were trying to prevent from being appointed.

As usual it has come full circle, and kicked them in their butts.


20 posted on 01/25/2013 1:08:18 PM PST by rockinqsranch (Dems, Libs, Socialists, call 'em what you will, they ALL have fairies livin' in their trees.)
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To: rockinqsranch
-- IIRC it was Democrats that pioneered the trick to prevent a President, which one I don't recall, nor who it was they were trying to prevent from being appointed. --

The younger Bush, and it was to prevent recess appointments of judges.

This ruling goes beyond the appointment during pro forma sessions (a senatorial sham, IMO, to pretend they are "at work" when they aren't, and don't intend to be), by holding that a recess starts when the senate adjourns sine die (it does that exactly one time per year), and ends when the next session is gaveled to order. This ruling also holds that in order for a recess appointment to be valid, the vacancy has to happen, occur, start, begin, during that interval when the senate is in recess.

This ruling, applied to Bush recess appointments, would find them unconstitutional, too.

26 posted on 01/25/2013 2:38:04 PM PST by Cboldt
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