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To: jazusamo
Does anyone actually ever read the Constitution?
Article II, Section 2, Paragraph 3
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.
1) 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.

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.

70 posted on 01/01/2017 6:31:47 PM PST by Petrosius
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To: Petrosius

Congress would have to pass a bill that changed the size of the Supreme Court.


72 posted on 01/01/2017 6:33:21 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius available at Amazon.)
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