Posted on 11/22/2016 3:39:53 AM PST by chiller
.... if Congress adjourned for the year too soon, it could open a window to give President Obama a Supreme Court pick. That's because of a provision of the Constitution that allows the president to make recess appointments that can last two or more years. Now we get word that Congress is planning to adjourn early, which will give Obama an opportunity to appoint Merrick Garland to the Supreme Court.
This discussion is fairly complex, involving both constitutional and statutory law, so bear with me.
1) Why does Congress want to adjourn early? Members of Congress want to adjourn early this year so they can kill last-minute Obama regulations. ... According to a 1996 law, Congress has 60 legislative days in which to disapprove of presidential regulations.
(Excerpt) Read more at americanthinker.com ...
No, he can’t.
It’s not a nomination...it’s an appointment until the end of the next session. It could become a nomination at that time, very likely, imho.
http://www.politico.com/story/2014/06/supreme-court-recess-appointments-108347
SCOTUS strikes appointments
In a rebuke to President Barack Obama, the Supreme Court struck down three of his recess appointments to the National Labor Relations Board as unconstitutional.
The decision Thursday gives the Senate broad power to thwart future recess appointments, but did not go as far as some conservatives hoped to undercut the president’s ability to fill vacant executive branch posts and judicial slots.
The court ruled 9-0 that Obama’s appointments were unconstitutional because the Senate was not truly in recess when he made them during a three-day break in pro forma meetings of the legislative body.
His whole presidency has been a cheap political stunt and it hasn’t hurt his popularity.
They can not adjorn but instead leave a few to open the daily sessions.
check the article...there is a reason and benefit to early recess.
This is how you stay in session
http://www.cnn.com/2007/POLITICS/11/19/senate.reid/
WASHINGTON (CNN) — Senators have left town for the Thanksgiving holiday, but the Senate will technically stay in session — a move that keeps President Bush from making appointments while lawmakers are in recess.
The Senate will hold “pro forma sessions” while lawmakers are gone for the Thanksgiving holiday.
Senate Majority Leader Harry Reid, D-Nevada, said he would schedule “pro forma” sessions during the two-week break, even though lawmakers will be absent and no business will be conducted.
The sessions are expected to last less than 30 seconds — the clerk will announce who the presiding officer is, and then that senator will gavel the session closed.
The Constitution gives a president the power to fill vacancies without the Senate’s confirmation when the legislative body is in recess. Such appointees can serve without confirmation through the rest of the current session of Congress, which ends in January 2009.
Bush has used the power before to install nominees whose confirmation Senate Democrats had blocked. The most notable instance came in August 2005 when he angered Democrats by naming John Bolton as U.N. ambassador.
Who’s younger, Alina or the wise Latina?
Hahaha! EAT YO PEAS!
-PJ
Obama wouldn't view it as a cheap political stunt. The Narcissist in Chief would view it as "saving the country" for a few years from Donald Trump until the DemoKKKrats could regain control of Congress in the 2018 mid-term elections.
Just thinking out loud here ....
They may not want to stay in session.
No he can’t.
-PJ
That is the danger. A liberal court would face some pending crucial decisions that couldn’t be undone until justices begin dying.
With this kind of stuff, I’m usually one of the dull knives in the drawer. Why does Congress have to over rule regulations. If one president can make regulations by himself, why can’t the next pres undo them?
If they adjourn early it will be a signal that their cooperation with Trump is bogus
i’ve shown how and why he can and could. Tell me why he can not.
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