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 ...
He can do either.
But convening is the threat.
Congress is terrified of that.
But not as much as tomorrow!!
Why not just change the senate rules or will people like Collins and Romney object.
Romney and Collins neither read the rules or the
Constitution.
Those whiners and backstabbers
only obey George Soros and their DNC handlers.
Art. II §3: 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.
Pretty much says right there in black and white that be may adjourn congress.
Since the congress is using obscure parliamentary procedures to technically keep itself "in session", in order to prevent the president from appointing needed officers, it might be time to dust that provision off. If congress would like to get back to DC and actually do their jobs, it wouldn't be necessary for him to do so. If he feels the need to execute this power, he could also invite them back whenever they are ready to actually muster a quorum and do their jobs.
OTOH, no one's life, liberty, or property are safe while the legislature is in session.
Either way, the resulting shit-storm would be fun to watch.
The other day he commented that Mutiny on the Bounty was a favorite movie of his.
Which version, I wonder?
Perhaps - but they could also try to make hay about him “endangering the “leaders”” of the nation - even though he’s the only one doing any leading.
What positions are those?
No he couldn't. There are already nine justices.
Not sure. I wouldn’t mind to see replacements for Fauci and Birx but that’s nonproductive thinking.
I would think he needs a very aggressive group that will screen those coming into the country including returning Americans for deadly viruses. There will thus be an extra annoying layer added to travel in addition to security screenings by TSA.
I imagine in tandem with the above that a strong scientific team will need to be headed up for ongoing rapid test kits.
I imagine a new intel chief will be needed that specializes in bioweapons, bioterror.
I can see why the President needs to make appointments. I can see why he would have justifiable anger.
Let it rip Mr. President!
frnewsjunkie wrote:
“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...”
Doing things in “Trump time”!
It is a pretense, but the Supreme Court will keep its long-held precedent, that the houses of Congress make their own internal rules. It’s the Senate’s own decision if it wants to say it’s in session.
Neither is a presidential appointee. Both are career bureaucrats. Trump could cut them out of the picture at any time.
I would think he needs a very aggressive group that will screen those coming into the country including returning Americans for deadly viruses. There will thus be an extra annoying layer added to travel in addition to security screenings by TSA.
Unless this layer already exists in law then there is nothing for Trump to appoint people to. If it does exist then make temporary appointments to spots. He's done this throughout his term.
I imagine in tandem with the above that a strong scientific team will need to be headed up for ongoing rapid test kits.
Again if the position doesn't exist then Trump can't appoint someone to it. Though he could create something like Deputy Chief of Staff for Pandemic Response or something like that. The Chief of Staff and his deputies don't require Senate approval.
I can see why the President needs to make appointments. I can see why he would have justifiable anger.
No doubt. But what appointments is my question. And if they're pandemic-related then isn't now kind of late in the game for staffing up?
> “Neither is a presidential appointee. Both are career bureaucrats. Trump could cut them out of the picture at any time.”
Who would replace them? Wouldn’t POTUS be better served by making appointments to power up the offices of Fauci and Birx? I thought that was the whole point of the discussion. POTUS has his hands tied making appointments he needs.
What appointments he needs is his call. He has the power to create new positions and new cabinet officers. But he needs the Senate to confirm appointments.
McConnell is holding back because Obama tried to recess appoint a SCOTUS Justice for Scalia, Merrick Garland. That would have been a disaster so McConnell kept the Senate in pro forma session. He’s doing the same now to appear fair and consistent.
But POTUS has a constitutional power to pull rank over McConnell and his pro forma play.
Neither Birx nor Fauci hold positions requiring Senate approval.
What appointments he needs is his call. He has the power to create new positions and new cabinet officers. But he needs the Senate to confirm appointments.
He has the authority to create new positions in the Executive Office of the President, and doesn't need the Senate to confirm those. New cabinet positions requiring a new budget need to first be authorized by Congress before someone can be appointed to the position.
McConnell is holding back because Obama tried to recess appoint a SCOTUS Justice for Scalia, Merrick Garland.
No he didn't McConnell had kept the Senate in pro-forma session for years before Scalia died just to deny Obama recess appointments. The Democrats are doing the same to Trump.
> “Neither Birx nor Fauci hold positions requiring Senate approval.”
Irrelevant. POTUS may need new positions with appointments where these two are required to report to.
Thanks for the added info on pro forma sessions before Scalia.
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