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Obama Has Rare Parliamentary Window To Make Recess Appointment To Succeed Scalia
Fox News ^ | 2/13/16

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.”

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.

(Excerpt) Read more at foxnews.com ...


TOPICS: Front Page News; News/Current Events; US: District of Columbia
KEYWORDS: miguelestrada
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To: mrsmith

You’re ruining all the media’s fun.


21 posted on 02/14/2016 12:17:59 PM PST by for-q-clinton (If at first you don't succeed keep on sucking until you do succeed)
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To: drewh

all McConnell has to do now is recall the Senate into session .. he doesn’t have to do anything much more than just issue a one sentence statement, period, end of file to this BS from Obama.


22 posted on 02/14/2016 12:18:15 PM PST by faithhopecharity ("Politicians are not born, they're excreted." Marcus Tullius Cicero (106 -- 43 BCE))
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To: drewh

If they vote to allow Onambla’s amnesty they we are screwed, add to that a review of the 2nd Amendment and we are perilously close to Civil War 2.


23 posted on 02/14/2016 12:21:46 PM PST by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: miss marmelstein
Looking for the right Muslim, no doubt.

Right! He must be,Muslim, Black, Marxist to the core,Latino, red headed, left handed and trans gendered. The Dems have plenty to choose from but getting the right one who also has an IQ of below room temperature will be essential.

24 posted on 02/14/2016 12:21:49 PM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: drewh

oops, I see now. the Senate is only adjourned and is not in recess. thanks, FR folks for the clarification. I was misled by the article.

McConnell doesn’t have to do anything at all, since Congress is not in recess. Obama can’t do squwat ...besides if he wishes name a nominee and watch that anti-American IslamoNazi gungrabber-wannabee Transtender illegal immigrant freakoid .... as the Senate goes on to other business and lets him/her/it just swing in the wind... swing in the wind......until the voters have issued their decision in the election and the next President nominates someone for the Senate’s consideration


25 posted on 02/14/2016 12:22:12 PM PST by faithhopecharity ("Politicians are not born, they're excreted." Marcus Tullius Cicero (106 -- 43 BCE))
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To: drewh

Eric Holder.


26 posted on 02/14/2016 12:22:30 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: SaraJohnson; Ray76

In many states, an unobserved death requires an autopsy, even if foul play is not suspected initially and even if the family doesn’t want one. If one to be done, hope the Texas M.E. who gets the assignment is competent and thorough, including lots of toxicology tests. His US Marshall Service protective detail certainly will be interested.


27 posted on 02/14/2016 12:23:16 PM PST by twister881
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To: chemical_boy

Can you expound on that a little?


28 posted on 02/14/2016 12:23:59 PM PST by DannyTN
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To: drewh; All

We are in this situation because corrupt Congress has stubbornly refused to impeach and remove lawless Obama for actions which blatantly ignore the federal governments constitutionally limited powers.

On the bright side, the corrupt feds are actually reading the Constitution. /sarc


29 posted on 02/14/2016 12:24:33 PM PST by Amendment10
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To: Amendment10

Amen.


30 posted on 02/14/2016 12:26:31 PM PST by twister881
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To: drewh

A recess appointment would end when Obama leaves office and would almost guarantee that enough Republican Senators would grow balls long enough to filibuster any permanent replacement for the rest of Obama’s term.


31 posted on 02/14/2016 12:26:32 PM PST by Bubba_Leroy (The Obamanation Continues)
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To: mrsmith
Shhhhhh!

They might trick the "Constitutional Expert", 0Muslim, into overplaying his hand!

32 posted on 02/14/2016 12:27:00 PM PST by kiryandil ("Our Muslim-In-Chief, Barack Obama - the Quislaming in the White House")
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To: mrsmith

Good. McConnell is not utterly useless.


33 posted on 02/14/2016 12:28:11 PM PST by Bubba_Leroy (The Obamanation Continues)
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To: MortMan

So some republicrats need to step up to keep both houses in session. If they can. Can they?


34 posted on 02/14/2016 12:29:08 PM PST by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?!)
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To: for-q-clinton; All

I MAY BE COMPLETELY WRONG!
The concurrent resolution as passed by the House says nothing about a pro-forma Senate meeting:
https://www.congress.gov/bill/114th-congress/senate-concurrent-resolution/31/text

I’m confused to say the least.


35 posted on 02/14/2016 12:29:45 PM PST by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: drewh

It’s pretty clear to me, if Obama moves to make a recess appointment, I’ll be convinced that he had Scalia offed.

There won’t be any convincing me otherwise.


36 posted on 02/14/2016 12:30:33 PM PST by 9YearLurker
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To: drewh

Recess appointments are not permanent appointments to the SC. Literally the Senate could do nothing allow the recess appointment and when the next POTUS takes office submit a nomination for a permanent post.


37 posted on 02/14/2016 12:30:48 PM PST by PJBankard (It is the spirit of the men who leads that gains the victory. - Gen. George Patton)
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To: faithhopecharity

He actually should have done that by now. Twenty-four hours is too much time with Obama as president.


38 posted on 02/14/2016 12:31:27 PM PST by 9YearLurker
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To: Windflier

http://www.freerepublic.com/focus/f-news/3397022/posts?page=14#14


39 posted on 02/14/2016 12:32:34 PM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: miss marmelstein

40 posted on 02/14/2016 12:34:04 PM PST by doug from upland (Some of you keep telling yourself -- Romney would have been as bad or worse.)
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