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Could Obama Bypass Senate with a Supreme Court Recess Appointment? [What should be done if he does?]
National Review ^ | 02/16/2016 | John Fund

Posted on 02/15/2016 11:41:15 AM PST by SeekAndFind



TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: congress; obama; scalia; supremecourt
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1 posted on 02/15/2016 11:41:15 AM PST by SeekAndFind
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To: SeekAndFind

John Fund is asking this question???? What is happening to people?


2 posted on 02/15/2016 11:42:55 AM PST by ncpatriot
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To: SeekAndFind

Torches and pitchforks time.............


3 posted on 02/15/2016 11:43:44 AM PST by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: SeekAndFind

Simple, keep the Senate in session until the inauguration.


4 posted on 02/15/2016 11:43:45 AM PST by taxcontrol ( The GOPe treats the conservative base like slaves by taking their votes and refuses to pay)
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To: SeekAndFind

First you arrest him for treason, then imprison his worthless butt, then impeach him.


5 posted on 02/15/2016 11:44:02 AM PST by ZULU (If you support Stokes or Obama, you are too stupid to own a gun.)
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To: SeekAndFind
RE:”But President Obama could still surprise us and make a recess appointment before February 22. If he did, it would engender a fierce reaction and lots of controversy. But the battleground would shift from Congress to the courtroom as attorneys debated the legality of the president's decision.”

Then the GOP can take it to court and fight it all the way to the SCOTUS where.....
......oooopps, maybe that wouldn't work.

6 posted on 02/15/2016 11:44:20 AM PST by sickoflibs (Trumpetir : 'I don't care what he says, or ever said. He is the only one I trust"')
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To: SeekAndFind
If he would, the case for IMPEACHMENT would be very strong.
7 posted on 02/15/2016 11:46:03 AM PST by Servant of the Cross (the Truth will set you free)
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To: SeekAndFind

All Obie has to do is to threaten to shut down the gubbermint and the gonad-less Republicans will run like they were being chased by a Tyrannosaurus Rex wearing a Hillary Clinton mask...


8 posted on 02/15/2016 11:47:10 AM PST by DJ Frisat (Proudly providing the NSA with provocative textual content since 1995!)
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To: SeekAndFind

Won’t happen. Too much political hay to be made in a fight over the nominee. Particularly if it’s a minority female.


9 posted on 02/15/2016 11:47:24 AM PST by Buckeye McFrog
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To: SeekAndFind
The Constitution says that recess appointments "shall expire at the End of their next Session." There are two sessions to each Congress, each session ending at the end of the year.

What is easily debatable (read: ripe for mischief) is the phrase "next session."

If the recent SCOTUS ruling is that "the recess" means the recess between sessions and not some holiday break (i.e., the August summertime in the swamp recess), then the "next session" is the one that is about to begin after an intersession break. The term of the recess appointment would be until the end of the year.

If "the recess" is interpreted to be the Article I Section 5

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.

which is what we're discussing now, then 1), is it Constitutional (is it THE recess or just a break), and 2), does "next session" mean the one after this one concludes?

Regardless of how the definitions of "the recess" and "next session" play out, the following should be the Republican strategy.

The next President should not wait for the recess-appointed Justice to step down at the end of 2017 to make his appointment.

The next President should make his permanent nomination early in 2017 and let the Senate confirm the new "on deck" Justice. Then, it will be up to the "lame duck" Justice to either succumb to pressure and step down early to let the duly confirmed Justice take over, or defiantly remain on the Court to the bitter end, when the earlier confirmed Justice will then be sworn in.

-PJ

10 posted on 02/15/2016 11:50:05 AM PST by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: SeekAndFind
What power do the justices themselves have to set their agenda? Can they simply refuse to hear any cases? Do they have to have a quorum before any decision can be considered binding? Could Thomas and Alito simply boycott the Court until the Traitor-in-Chief is finally banished back to Hell's Dark Gate?

Could the House refuse to allocate any budget for the Court? How about cutting funds for all the lower federal courts?

England's "Glorious Revolution" started in Parliament and ended up deposing a king. Is there a Cromwell in the House?

11 posted on 02/15/2016 11:52:59 AM PST by IronJack
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To: SeekAndFind
I mean - It's not as if King Obama has a history of distatsteful, uncivil, or unAmerican behavior.

Or of breaking the law or making unconstitutional dictates.


12 posted on 02/15/2016 11:53:11 AM PST by Iron Munro (The wise have stores of choice food and oil but a foolish man devours all he has. Proverbs 21:20)
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To: ncpatriot

It’s only a matter of time before the mass murderstorage begin.


13 posted on 02/15/2016 11:53:35 AM PST by Noumenon (Resistance. Restoration. Retribution.)
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To: SeekAndFind

The Senate is not in recess. They are adjourned.

http://www.freerepublic.com/focus/f-news/3397346/posts?page=12#12


14 posted on 02/15/2016 11:54:12 AM PST by Ray76 (Our gov has become hideously deformed by the hand of the Dem-Rep-Uniparty. They must be abolished.)
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To: taxcontrol

Keeping the Senate in session will work tactically, but you are giving the Dems a huge strategic advantage during the critical election season. “Look, those evil Republicans are denying Obama his constitutional duty to appoint a Justice. They obstruct everything! They are the the party of NO!”


15 posted on 02/15/2016 12:00:03 PM PST by ProtectOurFreedom
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To: Lurkinanloomin

“Torches and pitchforks time.............”

This.
This is so important. More important than the senate, congress, and the presidency.
The senate needs to deflect and obfuscate.
The democrats will be screaming bloody murder and they need to be men enough to stand up to it. If we have to go harry reid and change rules, then so be it. THIS IS THAT IMPORTANT!


16 posted on 02/15/2016 12:02:58 PM PST by hillarys cankles
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To: ProtectOurFreedom

Frankly I’d rather have him make a recess appointment then hold out to see what happens after the election. A recess appointment stands for what about 8 months...a full time appointment and the battle to get it last an eternity.


17 posted on 02/15/2016 12:03:28 PM PST by Mouton (The insurrection laws maintain the status quo now.)
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To: ProtectOurFreedom

Obama knows there will be people afraid of the dems response.

Screw them. It’s time for these republican limp wrists to grow a friggin spine. Stand for something other than your job and money!!!!


18 posted on 02/15/2016 12:05:29 PM PST by hillarys cankles
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To: ProtectOurFreedom

Van Jones or BillAryers’s have been floated?


19 posted on 02/15/2016 12:06:21 PM PST by urbanpovertylawcenter (the law and poverty collide in an urban setting and sparks fly)
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To: SeekAndFind
What should be done if this happens?

Miles of rope and a lot of telephone poles.

20 posted on 02/15/2016 12:07:39 PM PST by Samwell Tarly
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