Posted on 02/14/2016 11:45:57 AM PST by Freedom56v2
There was much hubbub in late 2012 when President Obama made four recess appointments during a short recess The case later went to the Supreme Court and the maneuver was ruled to be unconstitutional...
The key in the 2014 Supreme Court decision regarding the president's appointments to the National Labor Relations Board over the three-day break was that the justices found the executive branch determined what it interpreted as a recess.
But Justice Stephen Breyer wrote in the majority opinion that under the Constitution "the Senate is in session when it says it is."
Obama said Saturday night that he would submit an appointment to the Senate, as part of his constitutional obligation, but "in due time."
But now we have a completely different set of parliamentary circumstances. Senate Majority Leader Mitch McConnell, R-Ky., has indicated that he thinks that the nomination of a new justice should wait until the election of the next president.
But if the White House does take that to heart -- and knows there would be an unprecedented attempt of filibuster a Supreme Court nominee until next year -- Obama has a rare opportunity to make a Recess appointment in the coming days.
This window is open next week and this week only.
In short: Both bodies of Congress are operating in the perfect parliamentary status in which a recess appointment would be applicable. The last such appointment to the high court came by President Eisenhower in 1956 when he appointed William Brennan.
Article II, Section 2 of the Constitution states that "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate."
This could be the window of time in which Obama has his chance to maneuver a recess appointment to the high court.
(Excerpt) Read more at foxnews.com ...
Accepted.
Thank you.
A Congressional session runs for one year, 3 January to sometime in December. There are two sessions for each “Congress” (odd year to odd year). Adjournment means that Congress is out of session, it is closed to business. This is in contrast to a recess, which we might think of as “time off” or “pause.”
After Congress is adjourned, there are formal processes involved in reconvening. The Constitution forbids either the Senate or the House to adjourn for more than three days without the permission of the other chamber.
A “recess appointment” can not be made during adjournment. There is no provision for appointment during adjournment.
Yes, Obama will appoint someone. And then the fun begins.........
So there is a technical difference between an adjournment and a recess. It’s important for us to know the difference.
Just wanted to be heard, people are misunderstanding this.
(I did apologize in all caps too.)
“So there is a technical difference between an adjournment and a recess. It’s important for us to know the difference.”
A huge difference.
I said it is OK. Apology accepted. Thank you.
Things are so tense around here these days, I just wanted to make sure you knew where I was coming from.
Just wanted to be heard, people are misunderstanding this.
I hope your interpretation is correct!!!!
(I’m a slow typer)
Someone else also posted it, so I had to make a pest of myself there too LOL!
Senate procedure is like coding- another language.
My understanding is that in the event of a split decision, 4 to 4, whatever lower court ruling that exists stands.
Mitch McConnell needs to call the US Senate into session immediately and keep them technically “in session” until the communist has been formally replaced. Freedom is already hanging by a thread.
Senate should vote to suspend any recess period for the next 10 months. Then have the Senate room occupied by GOP Senators 24/7, following a rotating schedule, complete with sleeping bags. They could even make s’mores and sing Kumbaya if they wanted to. Give no appearance that any type of “recess” exists.
That's a very big "if"....huge, colossal, mega, in fact. Considering how Mitch (Obie's bi*ch) has already "stuck to his guns". Anyone that believes Mitch has changed to anything but a spineless RINO or a 'rhymes with wussy' is laboring under a major delusion here.
I MAY BE COMPLETELY WRONG!
The concurrent resolution as passed by the House says nothing about a pro-forma Senate meeting:
https://www.congress.gov/bill/114th-congress/senate-concurrent-resolution/31/text
I’m confused to say the least...
I MAY BE COMPLETELY WRONG!
The concurrent resolution as passed by the House says nothing about a pro-forma Senate meeting:
https://www.congress.gov/bill/114th-congress/senate-concurrent-resolution/31/text
I’m confused to say the least...
Wake up. McConnell cannot bring the senate back into session without Harry reid’s consent. That is the problem if it is correct that the house and senate both screwed up.
I think this link over at Instapundit is a good summary of the details of the rules and the court decisions.
http://pjmedia.com/instapundit/226701/
In short, yes, the Senate is (likely) technically in recess and yes, Obama could make a recess appointment until 22 February. I take Elizabeth Foley’s analysis to be reasonably reliable.
My personal opinion on the politics of an appointment is that Obama would want to get the most political mileage out of a nomination. If he makes a recess appointment the person joins the SC until 3 January 2017. Obama (or Hillary) would not be able to say the Republicans are obstructing but the issue festers on the Republican side. The dems get little political mileage, but it highly fires up the Republican base (even more than it is now). That is not a plus for Obama or Hillary. The recess justice gets to wear a robe for a few months, but will hear very few oral arguments and participate in few decisions. Damage for sure, but limited, unless Hillary wins.
I think Obama goes for a regular nomination. Then he and all the dems can harp night and day until November about obstructionist Republicans. The right nominee could get them some mileage. Nevertheless, it pushes the issue out there every day and still fires up the Republican base.
Of course, the Democrats could filibuster Obama's appointee, so he couldn't be defeated...
Many possibilities. It could get interesting!
Thank God almighty. I wondered why Scalia got taken during a recess but now I see a few days wouldn’t have made a difference.
God rest his soul
A True Conservative Patriot.
Now his death will be known throughout history as the time when the Political process went into overdrive and possibly effected a Presidential Election.
Oh crap, so a difference of ONE DAY..as in 10 days ..not 9 days..could mean the difference between millions of immigrants getting a free ride since that case is coming up for review.
You just know Obama will try to make a recess appointment
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