Posted on 09/21/2018 10:37:31 AM PDT by Will not Live for another Man
Warning: only read this post if you really like a good conspiratorial "inside politics" scenario...😁
Per Article 1 Section 5 of the Constitution, "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."
So McConnell fed up with the Kavanaugh contretemps gets the Senate to vote to adjourn till after the midterm elections... BUT
Ryan refuses to let the House adjourn, because they are, "doing the people's business." So, the Senate cannot adjourn by this section... BUT
This type of dispute is contemplated under Article 2 Section 3 where the President, "in Case of Disagreement between them [The House and Senate], with Respect to the Time of Adjournment... may adjourn them to such Time as he shall think proper." Thus Trump says to both Houses, go home until January when the new Congress starts... thus ENABLING...
The President's power under Article 2 Section 2 of the Constitution where, "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."... THUS...
Kavanaugh is appointed until January of 2021 as well as freeing Trump to fill EVERY vacant federal judicial opening with judges of his preference until at least that time as well...
If the dems win the Senate and commence to playing games, then recess appointments should indeed be the strategy.
Too heavy-handed, and even the GOPe is thrilled to death with Trump’s judicial picks. I think he’s already making record time on those. Trump’s problem is that his administration is still filled with Obama hires.
I love this kind of clever textual analysis. Not very practical but very interesting.
And oftentimes, an action which no one would ever take (eg launch nuclear weapon) is nonetheless a factor in day to day decision making.
I thought it would be until the end of 2019, not 2021. They say things like “115th Congress, 1st session” - this was January 2017 to whenever they adjourned (probably December), and “115th Congress, 2nd session” (January 2018 to whenever they adjourn).
I completely disagree.
If the typical lifetime appointment results in 30 years of service from a conservative judge, then 120 judges serving for just a one-year recess appointment would have the same judicial effect as just FOUR 30 year lifetime terms.
Lifetime appointments should always be the goal. We shouldn't wish for voters to be confused by recess appointments, thinking that the problem has been solved.
A lifetime appointment for Kavenaugh will affect the lives of my grandchildren. A recess appointment for him would do close to nothing.
Of course lifetime appointments should be the goal, but when the enemy party is in constant resist-and-obstruct mode, what then?
Unfortunately, we need more winning. Our margin of control of the Senate is insufficient. Trump realizes this and that is why he is all over the country adding his support where he thinks it will make a difference.
When we finally get to a final vote on Kavenaugh it will be interesting to see where some of the Democratic Senators from red states come down.
My recollection is that Manchin in West Virginia is pro-gun and has a good rating from the NRA. I don't understand his attraction to West Virginians. If he votes for Kavenaugh, I would expect Trump to ignore him. If not, I would expect Trump to lend his weight to his opponent.
We just need more winning. I'm not tired of it yet.
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