Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Alas Babylon!; rodguy911

Does this mean that Barack is prohibited from making a recess appointment during the 23 days or however many days, he remains in office, before the new POTUS is sworn-in along with the newly elected Senate, which may or may not be a GOP majority?


37 posted on 02/14/2016 5:49:44 AM PST by onyx (IF YOU'RE POSTING HERE, HOPE YOU'RE A DONOR! FReepLoaders are RUDE.)
[ Post Reply | Private Reply | To 33 | View Replies ]


To: onyx

According to the Constitution, the President can make appointments of ALL officials when the Senate is in recess.

The fix to that is simply not to go into recess.

If they truly want to oppose President Obama from placing a liberal to very liberal to totally whacked-out Leftist on the Supreme Court—to replace a well-known conservative, they have every right to do so, and the Constitution provides them with the tools to do so.

They can chose whether to go on recess—or not—anytime a majority so decides.

Right now, the majority is nominally* Republican. If they stick together, then they can effectively stop this president from making a non-conservative appointment.

* Nominally—and I think we have to watch McCain, Kirk, Collins, Heller, Hatch, Cronyn, Graham and Murkowski. They’re all either Liberals or bending over backwards to get along and not get a press beat-down.


61 posted on 02/14/2016 6:08:06 AM PST by Alas Babylon! (As we say in the Air Force, "You know you're over the target when you start getting flak!")
[ Post Reply | Private Reply | To 37 | View Replies ]

To: onyx

The way I hear it he can do a recess appointment anytime Congress is in recess I think I may be in recess right now not sure


78 posted on 02/14/2016 6:19:45 AM PST by rodguy911 (Sarah Palin our secret weapon --Home of the free because of the brave.)
[ Post Reply | Private Reply | To 37 | View Replies ]

To: onyx
The new Senate takes office January 3, 2017;

The Constitution set the date for Congress to convene - Article 1, Section 4, Clause 2 originally set that date for the third day of December. The Twentieth Amendment, however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day.

This article from Wikipedia also talks about the current Senators' terms expiring January 3, 2017. (This is what is known as the 3rd Class of Senators. Maybe not flattering, but I will leave it to the reader to decide how accurate. It has to do with the staggered terms of the Senate, not a prediction of how these guys would do back when the system was set up.)

115 posted on 02/14/2016 6:54:37 AM PST by Bernard (The Road To Hell Is Not Paved With Good Results)
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson