Posted on 01/01/2017 3:47:20 PM PST by jazusamo
Totally ageee. Also the removal of the Work Ethic in the Black community.
What has he got to lose?
But is it a recess from the Constitutional point of view, or is it a dissolution of the previous Congress before the next one convenes? It is not a temporary halt in the proceedings of the "Old Senate" because the "Old Senate" in fact, never returns.
But at any rate, the question is moot, since Breyer writing for a 9-0 majority in NLRB v. Noel Canning found that a recess of less than 10 days does not Constitute a pause of sufficient length to satisfy the constitutional rationale for a recess appointment (the same duration specified for a pocket veto.)
Trump can always un-appoint McConnell’s wife.
there is no downside for him to do this.
Are you sure?
Typically they’ll say “115th Congress, First Session” for calendar year 2017, then “115th Congress, Second Session” for calendar year 2018.
As far as I know, a successful confirmation will end the recess appointment.
No, recessing the new Congress would lengthen the opening.
Recommendation:
Do not declare the old Congress recessed until the new Congress is open for business.
It’s a mere formality anyway.
If this is a problem, have the old Congress declared recessed and in the next breath declare the new Congress in session.
The Republicans rule the roost. They better avoid this!
HELL TO PAY!
I think you’re right.
There is no “recess.”
“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
Trump should then argue that the language specifies that the president can fill all “vacancies that may HAPPEN DURING THE RECESS of the senate...” The vacancy was already existing at the time of the recess.
I’m not a lawyer, but I play one on FR
Article II, Section 2, Paragraph 31) Justice Scalia did not die, causing the vacancy, while the Senate was in recess. Recess appointments can only be made if the vacancy happens while the Senete is in recess. Sorry, Scalia's appointment must be filled by a regular appointment confirmed by the Senate.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
2) If a recess appointment could be made then all the Senate need do adjourn, closing the session and thus bringing the temporary commission, not appointment, to an end.
3) Even without the above, if Obama were able to do as the author suggests, all that President Trump would have to do is appoint 2 or more justices to oppose Obama's. There is no Constitutional limit on the number of justices on the Supreme Court.
Well at least you are not gouging your clients. 8>)
Congress would have to pass a bill that changed the size of the Supreme Court.
That should not be a problem if necessary.
.
There is no requirement for a recess, and there should not be one.
I’m sure that true Republican senators like Cruz, Lee, and Flake would be willing to keep the session alive.
.
Thanks for the link
So all this HYPE is just FAKE NEWS.
“Until the next Congress is convened” - so it would not be 2 years - more like 2 minutes - since the intersession recess time literally ends with the convening of the next Congress.
How about a reversal of the EO that Obama used to seal his records to start with.
PLEASE do it Barry...because then Garland would leave his LIFETIME post as Chief Justice of the Democrat-majority D.C. Circuit Court of Appeals — arguably the most powerful in the land — so Trump can appoint his replacement and swing it back to Republican control. And then — at most — Garland would serve a year and then have NO job. Ans the resulting backlash would help Trump push through any nominee he pleased, no matter how “extreme right” the Democrats declare them. I LOVE it!
Let’s hope even Judge Garland has sense enough not to want the rest of his life turned into a circus by this kind of grandstanding.
Really? Why?
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