With 28 Days Left, What Can Congress Do?

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Doesn't look like much more will be done this year in this dysfunctional government.

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Given what things they frick up when they ARE doing something, I see this as a feature rather than a bug.

If they are in recess, will Obama just appoint them again?

Yeah...we will probably be better off. They honestly should only meet for a short time once every two years, similar to the way it is done here in Texas. Cut their pay, etc. Only meet during dire situations.

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Yeah...we will probably be better off. They honestly should only meet for a short time once every two years, similar to the way it is done here in Texas. Cut their pay, etc. Only meet during dire situations.

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The problem is that long recesses give Obama or whatever president is there the ability to make recess appointments. That ability was upheld in the decision, just not Obama's unilateral ability to declare when Congress is in recess.

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I hadn't thought of that, but I wouldn't put it past him.

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The court's summary states (emphasis ours) "The Recess Appointments Clause empowers the President to fill existing vacancy during any recess—intra-session or inter-session—of sufficient length." But the question here is whether the Senate was actually in recess here. "A Senate recess that is so short that it does not require the consent of the House under that Clause is not long enough to trigger the President's recess-appointment power."

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As the Court holds, the pro forma sessions like the one Obama used to appoint the NLRB members are full sessions, as long as that's what the Senate says. Or, as the Court puts it, "the Senate is in sessions when it says that it is."

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As Tom Goldstein writes at SCOTUSBlog, the decision significantly limits presidential power. While the president can still make recess appointments without Senate confirmation when the Senate says it's in recess, the House or Senate "can take the Senate out of recess and force it to hold a 'pro forma session' that will block any recess appointment." Which means, the party in power of the House or Senate will be able to block recess appointments easily.

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LINK

Well bah humbug.