Obama Has Rare Parliamentary Window To Make Recess Appointment To Succeed Scalia

Fox News ^ | 2/13/16

[drewh]

Obama said Saturday night that he would submit an appointment to the Senate, as part of his constitutional obligation, but “in due time.”

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.

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.”

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.

[Ray76]

And the evidence destroyed

[Eagles6]

Story is confusing. Link says autopsy according to TX law but story says embalmed. Doesn’t seem like there was one.

[Ray76]

Marshals were not at the resort in Texas where he died, but were called there after the fact, a law enforcement source told CNN. Marshalls help supplement security for traveling justices.

Why weren't Marshalls protecting Scalia?

[glasseye]

I feel gut shot.
Those who voted for obama are just horrid people.
First time in my life I fear the future.
This will not end well.

[Ray76]

Marshalls not protecting Scalia, they were not even at the ranch.

Pronounced dead over the phone.

No autopsy, in apparent violation of law.

Rushed embalming.

[Eagles6]

Looks that way. Nothing to see here, move along.

America is officially a Third World country.

[AustinBill]

That's the same sort of over-the-top paranoia the left had about W. He'll suspend the constitution and cancel the election. Do we really have a uni-opposition to go with the uni-party?

Yes, Obama is pushing Carter aside as the worst president in living memory, but he's not insane and such a crass move would be beyond the pale and everyone knows it. The constitutional process for filling a SCOTUS vacancy will be followed here.

[Windflier]

The Senate is in adjournment, not recess, and is having pro-forma sessions. No recess appointments can be made.

Thank you. I hope that sticks, and that Obama doesn't try to weasel a recess appointment in anyway.

[Kegger]

There are no pro forma sessions because the House agreed to the resolution.

I believe I said that the President CAN make a recess appointment, just not likely. Am I missing your point?

[RummyChick]

You quoted it in the post. I was just clarifying for people who don’t understand.

[doug from upland]

Thanks for the clinical diagnosis.

If this article is correct, it creates a scenario that actually is constitutional. I guess, unlike you, I have paid attention to Obama’s actions and believe he is capable of absolutely anything. I am pretty sure any mental health professional would conclude I am not paranoid.