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Started By
Message
If Trump exercises Article II, Section 3, do you think McConnell will sue?
Posted on 11/18/24 at 9:57 am
Posted on 11/18/24 at 9:57 am
Reminder of Article II, Section 3:
Mike Johnson in the House comes into play here because if there is a disagreement between the House and Senate to recess, it looks pretty clear the executive has the constitutional authority to settle this dispute by either keeping the House in recess with the Senate or forcing the Senate to go in recess with the House.
Once in recess the recess appointments can ensue despite McConnell and Schumer's angst.
And if the Senate sues do you really think the courts would put a stay on Trump making recess appointments while the case makes it through the judicial system?
ETA: Article II, Section 3 has been exercised by presidents however the provision allowing the president to adjourn Congress in cases of disagreement over adjournment timing has never been used.
quote:
"He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."
Mike Johnson in the House comes into play here because if there is a disagreement between the House and Senate to recess, it looks pretty clear the executive has the constitutional authority to settle this dispute by either keeping the House in recess with the Senate or forcing the Senate to go in recess with the House.
Once in recess the recess appointments can ensue despite McConnell and Schumer's angst.
And if the Senate sues do you really think the courts would put a stay on Trump making recess appointments while the case makes it through the judicial system?
ETA: Article II, Section 3 has been exercised by presidents however the provision allowing the president to adjourn Congress in cases of disagreement over adjournment timing has never been used.
This post was edited on 11/18/24 at 11:18 am
16
Posted on 11/18/24 at 9:58 am to GumboPot
quote:
secession
Freudian slip?
Posted on 11/18/24 at 9:59 am to udtiger
quote:
Freudian slip?
Literal autocorrect. At least iPhone knows me.
Posted on 11/18/24 at 10:00 am to GumboPot
Posted on 11/18/24 at 10:03 am to GumboPot
quote:
Mike Johnson in the House comes into play here
Mike Johnson needs 218 out of 222? to support him in order for this to happen. And if it happens SCOTUS will almost certainly overrule it, as they should; it being a blatant attempt to subvert the constitutionally required duty of the Senate to advise and consent.
Posted on 11/18/24 at 10:06 am to GumboPot
McConnell is retiring. He won't be in office when Trump is inaugurated.
Posted on 11/18/24 at 10:11 am to Penrod
quote:
it being a blatant attempt to subvert the constitutionally required duty of the Senate to advise and consent.
How does that jive with the executives constitutional authority in Article II, Section 3?
Recess appointments are constitutionally allowed.
Posted on 11/18/24 at 10:12 am to udtiger
You can't live next door to the projects, they'll invade and destroy your neighborhood.
Cancer has to be nuked.
Cancer has to be nuked.
Posted on 11/18/24 at 10:12 am to Penrod
Do you not understand the constitution, plebe?
Posted on 11/18/24 at 10:14 am to Bjorn Cyborg
quote:
McConnell is retiring. He won't be in office when Trump is inaugurated.
McConnell is not retiring from the senate. You are getting confused with retiring from senate leadership.
But the reason I use McConnell in the title is that we know McConnell will be using his influence over Thune.
Posted on 11/18/24 at 10:16 am to GumboPot
The language seems pretty straight forward but I'm surprised that these forced recesses haven't been used more often.
Posted on 11/18/24 at 10:20 am to shinerfan
quote:
I'm surprised that these forced recesses haven't been used more often.
No need, the deep state was in agreement with Clinton, Bush, Obama
Posted on 11/18/24 at 10:30 am to GumboPot
quote:
McConnell is not retiring from the senate. You are getting confused with retiring from senate leadership.
That's what I meant, he won't be in the office of senate majority leader. He wouldn't be the one to sue.
Posted on 11/18/24 at 10:31 am to shinerfan
quote:
The language seems pretty straight forward but I'm surprised that these forced recesses haven't been used more often.
It has never been used.
It's never been used because there has never been a disagreement between both bicameral bodies of congress.
Posted on 11/18/24 at 10:31 am to GumboPot
Federal Vacancies Reform Act
Gives Trump 510 days to appoint whomever he pleases.
Gives Trump 510 days to appoint whomever he pleases.
quote:
The Federal Vacancies Reform Act of 1998 (commonly called the Vacancies Act) (5 U.S.C. § 3345 et seq.[1]) is a United States federal statute establishing the procedure for filling vacancies in an appointed office of an executive agency of the government before the appointment of a permanent replacement. The Act allows an incoming President 300 days in which to temporarily and unilaterally fill positions with "acting" officers. After this initial extended period, the offices officially become vacant and the President has 210 days to fill the vacancies.
This post was edited on 11/18/24 at 10:34 am
Posted on 11/18/24 at 10:34 am to GumboPot
quote:
do you really think the courts would put a stay on Trump making recess appointments while the case makes it through the judicial system?
Would that be heard in a DC court? If so, then yes i really think the courts would put a stay on anything mcconnell asks them to against trump
Posted on 11/18/24 at 10:36 am to Bjorn Cyborg
quote:
McConnell is retiring. He won't be in office when Trump is inaugurated.
Thune is a turtle clone …. the transition will be seamless
Posted on 11/18/24 at 10:41 am to SaintsTiger
quote:
Gives Trump 510 days to appoint whomever he pleases.
It's 300 days for new administrations and 210 for existing.
Posted on 11/18/24 at 10:46 am to shinerfan
quote:
The language seems pretty straight forward but I'm surprised that these forced recesses haven't been used more often.
At least half the GOPe voted for Garland.
They are all on the same team.
The gnashing of teeth over Trump's appointments shows you they are good choices.
Posted on 11/18/24 at 10:48 am to Penrod
quote:
And if it happens SCOTUS will almost certainly overrule it, as they should; it being a blatant attempt to subvert the constitutionally required duty of the Senate to advise and consent.
I dont think these people care about the constitution or laws anymore.
They've adopted the "might makes right" view of the Left.
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