Posted on 02/14/2016 2:53:16 PM PST by CaptainK
COULD OBAMA MAKE A RECESS APPOINTMENT TO REPLACE SCALIA?:
The answer appears to be yes because (once again), the GOP-controlled Senate voluntarily has left itself vulnerable to the exercise of such presidential power. Article II, section 2 of the Constitution gives the President power to fill vacancies “during the recess of the Senateâ€:
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
(Excerpt) Read more at pjmedia.com ...
Scalia’s death benefits Comrade obamatollah.
Alinsky Rule: “The means justify the endsâ€
Comrade obomatollah taught Alinsky rules to new ACORN recruits.
It appears that the country has a lot of drooling morons since this clown was elected twice. And the jerks in the big rotten apple elected and their own Communist with de Blasio aka Whilhelm de Whilhelm.
Obviously the Republicans should cancel vacation time.
I mean, if they want to be taken seriously.
It would only take 2-3 of them each day. And they could take turns. Very doable.
The USSC ruled that Obama violated the Constitution. Said the recess needs to be longer, like 10 days.
I agree with your comment. I thought Scalia was murdered as soon as I heard the awful news.
He’s already been embalmed. I wouldn’t be surprised if they haven’t already cremated him.
” ...officials later said Scalia’s body was being embalmed and there would be no autopsy,†The Post reported.”
It would be interesting to see if Scalia and his wife already had burial plots.
I just don’t believe anything “officials” say about his family not wanting an autopsy.
Obama will determine what a recess is.
He’s done it before.
This has really hit me hard.
I felt that Justice Scalia was the one last thread keeping this country from unraveling into progressive chaos. I would have felt the same if we had lost Clarence Thomas.
Then I told myself, when God takes, He also gives.
Now the republican electorate will focus on the most important element of this election - keeping the SC from being overwhelmed by Progressives.
I think it will benefit Cruz. I pray it does.
And yes, this piece of crap as president couldn’t have dishonored Scalia more at the podium. He should have stayed on the golf course.
I agree on Holder. I think he resigned from his position as Attorney General in anticipation of such an appointment.
thanks for post 13 CJ
I hear you,,, and as huge a calamity as losing the sometimes-conservative-majority in the Supreme Court is, the real disaster is in our party which has turned against us. My opinion is that they believe the fight is already over, the demographics, the cronyism and the indoctrinated youth will overrun them and they’re positioning themselves in order to keep the gravy-train running. As much attention as the Presidential race is getting, equally important is replacing the RINOs with anti-establishment tea partiers,,, Cruz and his small band of constitutional conservatives couldn’t out muscle the GOPe yet but if we keep ousting RINOs we will get the numbers we need eventually.
Read Justice Breyer’s comments on Noel Canning:
“The majority explained that intrasession breaks and adjournments lasting only 3-10 days are presumptively too short”
The current Senate break is exactly 10 days. So the time frame is still too short for a recess appointment to be made, the recess would have to exceed 10 days.
Obama might make a recess appointment to rub it in, but he doesn’t need it. He can get the Republicans to fold and make a deal.
I’ve already seen statements (Lindsey Graham for example) hinting that a deal can be made. We’ve seen this movie before:
Obama wants a deal conservatives hate. We start with big talk, and after the screaming and hollering comes the deal, which we will be told is the best that can be done under the circumstances, etcetera, etcetera, etcetera (apologies to Yul Brynner).
3.5
The deal will be that Obama gets his nominee and Republicans get some future promised goodie that will never come to fruition or is so minimal as to be meaningless. We’ll be told it is a great deal for Republicans.
Too pessimistic? I admit to being pretty beaten down after the last 15 years, and especially the last three.
“A recess appointment lasts until the end of the “next Session” of the Senate.
Since sessions in the early twenty-first century typically last ten to twelve months, an appointment made during an intersession recess would last approximately one year, until the end of the following session.
On the other hand, an intrasession appointment could last as long as two years, through the end of the succeeding session.”
Source: The Heritage Guide to The Constitution
http://www.heritage.org/constitution/#!/articles/2/essays/93/recess-appointments-clause
Given that Obama’s approval ratings average in the high 40’s after 7+ years of destruction I’d say you are on pretty solid ground.
You are welcome!
I don’t think you embalm if you are going to cremate.
It’s rare for practicing Catholics to cremate. Or, it was, maybe things have changed.
King Opie does what he wants when he doesn’t have contitutional authority.
So we can be sure he will do what he wants when he does have constitutional authority.
And since almost all recess appointments are ultimately confirmed, whatever far left idealogue he does appoint is likely to be with us a long time.
This is critical because of the republicans failure to “Bork” Sotomayor and Kagan thereby forcing Obama to name more moderate nominees.
Interim appointments expire at the end of the term. It would not go over well with the public. He can use interim appts for lower profile positions, but it would face tremendous backlash if he tried it for a SCOTUS Justice.
If this is indeed the case, the Senate is presently in the midst of a 10-day recess (not a pro forma session), and under Noel Canning, President Obama possesses the power to make a recess appointment to the Supreme Court until noon on February 22, when the Senate comes back in session.
Senate goes into recess on Friday, 2/12.
Scalia dies 2/13
Obama won't be able to resist this FU America opportunity. Obama appoints Holder next Friday, 2/19, the day before the South Carolina primary, Saturday, 2/20.
What's it going to take America?
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