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Posted on 02/14/2016 11:49:21 AM PST by drewh
Obama said Saturday night that he would submit an appointment to the Senate, as part of his constitutional obligation, but “in due time.â€
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.â€
This could be the window of time in which Obama has his chance to maneuver a recess appointment to the high court.
Article I, Section 5 of the Constitution states “Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.â€
That means that so long as both the House and Senate haven’t jointly agreed to “adjourn†for a stretch longer than three days, then there appears to be no way the president could make a recess appointment.
But the House and Senate are not operating under those circumstances right now. Both bodies of have adjourned until later this month for the President’s Day recess.
So, the House and Senate will not be meeting in the coming days. This is an adjournment and is not challengeable in court.
This is a true recess and an opportunity for the president should he elect to take it -- considering the political realities of the Senate and the position of its majority leader to potentially make a recess appointment.
(Excerpt) Read more at foxnews.com ...
Gee....Why do I think a few Repub Senators will show this week.
Oh, s**t.
A recess appointment and that recess appointment ruling in the administration favor in immigration case would be the worst possible outcome for Obama. Its why he won’t make a recess appointment.
man, that was badly worded
Looking for the right muslim, no doubt.
Why the Senate Should Reconvene Immediately to Stop Obama
conservativereview.com
http://www.freerepublic.com/focus/f-news/3396848/posts
Simple Definition of recess
: a short period of time during the school day when children can play
It was my understanding that the House and Senate must formally announce themselves to be adjourned, as opposed to simply being absent. That was the crux of the SCOTUS ruling against recess appointments, IIRC.
The timing of Scalia’s death was awfully suspicious.
Obama can count on McConnell
It sure is suspicious.
WHY DON’T THESE IDIOTS READ THE CONGRESSIONAL RECORD!
They’re NOT recessed, they’re just adjourned:
“ORDERS FOR MONDAY, FEBRUARY 15, 2016, THROUGH MONDAY, FEBRUARY 22, 2016
Mr. McCONNELL. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it adjourn, to then convene for
pro forma sessions only, with no business being conducted, on the
following dates and times, and that following each pro forma session,
the Senate adjourn until the next pro forma session: Monday, February
15, at 11 a.m.; Thursday, February 18, at 9 a.m.; I further ask that
when the Senate adjourns on Thursday, February 18, it next convene at 3
p.m., Monday, February 22,”
The Senate is in adjournment, not recess, and is having pro-forma sessions.
No recess appointments can be made.
To: The U.S. Senate
Do not go into recess. Repeat. Do not go into recess.
Signed,
Or Else
How convenient that Scalia was Pelican Filed during this auspicious occasion...
The timing of Scalia’s death was awfully suspicious.
~~~~~~~~~~~~~~~~~~~~~~~~~~
I already thought this, got my tin-foil on. Hillary said in the last debate that boma was a good choice...Please let her have a meltdown on tv so I can watch...
Elections do have “coincidences” also. You sure can tell that the Clintonista family is back in town. It’s like the 90s all over again.
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.
Indeed.
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