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 ...
Relublicans are all wondering what Obama can legally do here, when Obama’s established M.O. is to do something illegally and get away with it. He will put another anti-American justice on the court in this manner.
He can make a recess appointment, but I don’t think he will have too. To show “fairness”, KY people will demand that McC confirm any Obama choice.
Eric Holder
Deval Patrick
Van Jones
Jeh Johnson
Congress must approve or else "THE REPUBLICANS ARE RACIST"!!!
Nothing can wake up the American people: they are too uninformed “about politics”.
See post # 32
Let me grab my tin foil hat!
This Indian guy 'Sri' will.
Nothing is too pessimistic for the American people: They get it all wrong over and over.
Canning decision: “if a Senate recess is so short that it does not require the consent of the House, it is too short to trigger the Recess Appointments Clause. And a recess lasting less than 10 days is presumptively too short as well.”
Since 10 days is more than “less than 10”, it’s a recess.
You’re expecting things from KY and SC that McC and Lindsey will never do.
The best is no recess appointment and no confirmed appointment.
Second best is a recess appointment and allowing that to run out Obama’s clock.
Worst is a confirmed appointment.
So many good well considered comments here.
Scalia dying has hit me hard
I see the left taking advance of this huge opportunity to kill off the Constitution and alter our country once and for all.
It is Absolutely time to March, protest, bother, ridicule, sue, obstruct Every gov’t authority who is a threat to our Constitution.
The time is Now.
This is our existential moment!
RE: “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 am constantly amazed at the level of political awareness of the average person on the street. Witness the Watters interviews. Just pathetic. And no basis of the Founding, the Founders, our early Republic's history, the struggle to become independent, the Constitution. . you could go on and on.
Plus they are wholesalely ignorant about socialism/communism.
Many cremate now to save money.
Post 32: "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.
Thank you. I hope that holds true. We'll see.
Yes he can, but a recess appointment can be overturned when congress returns.
You have to embalm to move to another state from tx. Also you must wait three days to cremate in tx.
So what's the scoop on him. Good little commie rubber stamp guy?
According to sources Chief Justice Scalia’s remains are now in El Paso, TX not more than mile from where I am. Locals have seen a lot of press by the funeral home!
We seem to be inundated with drooling morons. Just look at the idiot millenials (and I know a middle aged guy, too...) salivating at that piece of absolute garbage Bernie Sanders, whose solution to every problem is give everyone everything, without the slightest regard of who is going to PAY for it. You can be SURE that I did not vote for Comrade Bill DiBlASSio, even though the pickins' were quite slim in the choice of candidates.
Is there any way at all to shake the millenials by the shoulders and try to talk some sense to them? They are soooo ignorant, non-critically-thinking, herd-following jerks, from what I can see. Having made it past the selection process to get into college hasn't seemed to weed out the drooling morons.
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