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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 ...
You’re ruining all the media’s fun.
all McConnell has to do now is recall the Senate into session .. he doesn’t have to do anything much more than just issue a one sentence statement, period, end of file to this BS from Obama.
If they vote to allow Onambla’s amnesty they we are screwed, add to that a review of the 2nd Amendment and we are perilously close to Civil War 2.
Right! He must be,Muslim, Black, Marxist to the core,Latino, red headed, left handed and trans gendered. The Dems have plenty to choose from but getting the right one who also has an IQ of below room temperature will be essential.
oops, I see now. the Senate is only adjourned and is not in recess. thanks, FR folks for the clarification. I was misled by the article.
McConnell doesn’t have to do anything at all, since Congress is not in recess. Obama can’t do squwat ...besides if he wishes name a nominee and watch that anti-American IslamoNazi gungrabber-wannabee Transtender illegal immigrant freakoid .... as the Senate goes on to other business and lets him/her/it just swing in the wind... swing in the wind......until the voters have issued their decision in the election and the next President nominates someone for the Senate’s consideration
Eric Holder.
In many states, an unobserved death requires an autopsy, even if foul play is not suspected initially and even if the family doesn’t want one. If one to be done, hope the Texas M.E. who gets the assignment is competent and thorough, including lots of toxicology tests. His US Marshall Service protective detail certainly will be interested.
Can you expound on that a little?
We are in this situation because corrupt Congress has stubbornly refused to impeach and remove lawless Obama for actions which blatantly ignore the federal governments constitutionally limited powers.
On the bright side, the corrupt feds are actually reading the Constitution. /sarc
Amen.
A recess appointment would end when Obama leaves office and would almost guarantee that enough Republican Senators would grow balls long enough to filibuster any permanent replacement for the rest of Obama’s term.
They might trick the "Constitutional Expert", 0Muslim, into overplaying his hand!
Good. McConnell is not utterly useless.
So some republicrats need to step up to keep both houses in session. If they can. Can they?
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.
It’s pretty clear to me, if Obama moves to make a recess appointment, I’ll be convinced that he had Scalia offed.
There won’t be any convincing me otherwise.
Recess appointments are not permanent appointments to the SC. Literally the Senate could do nothing allow the recess appointment and when the next POTUS takes office submit a nomination for a permanent post.
He actually should have done that by now. Twenty-four hours is too much time with Obama as president.
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