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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 ...
“Presidio County does not appear to have a medical examiner.”
“Jones - what are we going to do about the drugs - how long will they stay in his system?”
“Well - forever once he’s dead.”
“Won’t a medical examiner figure that out then?”
“Yeah, but I know this place.....”
Until Obama, I would have agreed with you
I believe he would need to get the consent of the minority leader (Harry Reid). Do you think Harry will agree to that . . . .
I don't think Hussein will waste time with a nominee that is DOA; he wants to get this done quickly. He'll present a "moderate" that is acceptable to the RINOs.
“When [the physician] explained [Scalia] had just visited on Wednesday and Thursday and [the doctor] had done an MRI [for a shoulder injury], then I felt comfortable what I knew was going on with him physically,” the county judge said.
Holy crap - he died from a shoulder injury!
Bodies are sent to the ME in other counties
One FReeper has already questioned this. Regarding talk of an Obama recess appointment, it seems to be up to the Senate to decide when it is in recess, corrections welcome.
My concern is that the corrupt, post-17th Amendment ratification, RINO-controlled Senate will try to play any constitutional excuse to not take responsibility for confirming an Obama-nominated replacement for Justice Scalio (RIP).
Getting back to recess appointments, again, it looks like it is up to the Senate to decide recesses. And if such is the case, it is also beginning to look like the Senate does not have any solid constitutional loopholes to use as an excuse to ”abdicate” its constitutional responsibility for confirming justices. Again, corrections welcome.
I am sooooo happy that this is an election year. The Senate appears to be between ”a rock and a hard place,” with respect to confirming an Obama-nominated justice, Obama on one side, and patriots very angry at corrupt Congress for protecting lawless Obama for the last 7+ years on the other side.
Remember in November !
Oh, okay—thanks.
Yes and it appears that there will be no autopsy.
Then why does the article say that this is a true recess?
When I heard an announcement so fast that it was due to "natural causes" without specifying which, I suspected the fix was in and that there would not be one. Now I'm definitely in the "suspicion of murder" mode until I hear indication otherwise.
> My concern is that the corrupt, post-17th Amendment ratification, RINO-controlled Senate will try to play any constitutional excuse to not take responsibility for confirming an Obama-nominated replacement for Justice Scalio (RIP).
Count on it.
He’s been embalmed by the Sunset Funeral Home in El Paso.
Since Clarence Thomas (and possibly Samuel Alito) are the only remaining conservatives worthy of the name on the Court, can they withhold their votes on cases that come before the body? In other words, can they practice a sort of judicial filibuster and simply refuse to rule since the Court is shy one Associate Justice? Or do the justices rule at the command of the Chief Justice, who we know is a squishy obama-ite.
There are no pro forma sessions because the House agreed to the resolution.
9) would apply here.
Bummer. Am sure the wife & family want no violation of the body, and he did have chronic ailments. Still... The body already has been embalmed for transport to Virginia. Believe that means bodily fluids evacuated and the formaldehyde pumped in. Suppose an autopsy could still be done, but sounds like game over at this point. I just remember suspicious Obama deaths at opportune times (grandmother, Hawaii health director) and also for the Clintons (too numerous to list).
The Senate should refuse to to into recess.
If they had a pair.
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