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Started By
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re: If Trump exercises Article II, Section 3, do you think McConnell will sue?
Posted on 11/18/24 at 10:50 am to GumboPot
Posted on 11/18/24 at 10:50 am to GumboPot
This only works if Johnson also officially puts the House into recess. The question is whether the Senate wants to give up its power and what it means long term if it is done here. What's to stop Democrats from doing it when they get into power? You would scuttle the Advise and Consent of nominees provided in the Constitution
1
Posted on 11/18/24 at 10:51 am to KiwiHead
quote:
What's to stop Democrats from doing it when they get into power? You would scuttle the Advise and Consent of nominees provided in the Constitution
They never needed to. Don't you get it?
Posted on 11/18/24 at 10:52 am to RogerTheShrubber
quote:
I dont think these people care about the constitution or laws anymore.
Right. If the senate sued it would be a real smack in the face of the constitution by trying to subvert the Article II, Section 3 constitutional authority of the executive.
Posted on 11/18/24 at 10:53 am to loogaroo
quote:
They never needed to. Don't you get it?
They don't get it.
Posted on 11/18/24 at 10:54 am to loogaroo
Attorney General Kimba Wood says hi from 1993
Posted on 11/18/24 at 10:57 am to GumboPot
are you sure about that?
clinton - 139 recess appointments
bush - 171
obama - 32
biden - ??
history of recess appointments
clinton - 139 recess appointments
bush - 171
obama - 32
biden - ??
history of recess appointments
Posted on 11/18/24 at 10:59 am to Penrod
quote:
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.
Hey Antifa, scroll up, Gumbo literally posted the statute that allows the Pres to do that...
Posted on 11/18/24 at 10:59 am to Pezzo
quote:
are you sure about that?
clinton - 139 recess appointments
bush - 171
obama - 32
biden - ??
history of recess appointments
I know recess appointments have been made. I was saying Article II, Section 3 to solve scheduling disputes between the house and senate has never been used.
Posted on 11/18/24 at 11:01 am to GumboPot
ahhh i see, i was confused.
Posted on 11/18/24 at 11:03 am to shinerfan
quote:
I'm surprised that these forced recesses haven't been used more often.
They've been used often enough. They've just never been used with such high stakes or so early in a presidency for good reason.
*Strictly speaking to recess appointments.
This post was edited on 11/18/24 at 11:06 am
Posted on 11/18/24 at 11:05 am to GumboPot
quote:
jive
It’s jibe.
Posted on 11/18/24 at 11:08 am to GumboPot
President Dwight D. Eisenhower appointed three Supreme Court justices—Earl Warren, William J. Brennan and Potter Stewart—during congressional recesses.
Posted on 11/18/24 at 11:09 am to DownSouthJukin
quote:quote:
jive
It’s jibe.
You're right and I know that. I don't know why I made this mistake.
Posted on 11/18/24 at 11:11 am to HubbaBubba
quote:
President Dwight D. Eisenhower appointed three Supreme Court justices—Earl Warren, William J. Brennan and Potter Stewart—during congressional recesses.
Many presidents have made recess appointments.
No president has forced the senate to go into recess through exercising Article II, Section 3, which is a constitutional option.
Posted on 11/18/24 at 11:14 am to shinerfan
quote:
The language seems pretty straight forward but I'm surprised that these forced recesses haven't been used more often.
Go read, Obama used these quite often.
As a matter of fact, my most Liberal friend who is also my best friend did not even begin to argue Trumps use of this because he would have not ground to stand on because of Barry.
Hes starting to get the picture now
Posted on 11/18/24 at 11:14 am to Bjorn Cyborg
quote:
McConnell is retiring. He won't be in office when Trump is inaugurated.
All McConnell is doing is voicing what the deep state is trying to accomplish. He said this because there is weakening of power.
Posted on 11/18/24 at 11:18 am to jizzle6609
quote:
Go read, Obama used these quite often.
Not to adjourn secession of congress and then to make recess appointments.
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.
Posted on 11/18/24 at 11:21 am to GumboPot
quote:
Right. If the senate sued it would be a real smack in the face of the constitution by trying to subvert the Article II, Section 3 constitutional authority of the executive.
The problem with this is the term of a recess appointment is until the end of the next session.
You could get into wild scenarios where the executive is essentially adjourning and reappointing cabinet selections because he doesn’t want them in session to approve appointments.
That bears a striking resemblance to the games Charles I of England played with parliament that ultimately led to the English Civil War.
Posted on 11/18/24 at 11:22 am to HubbaBubba
quote:
William J. Brennan
Another worthless GOP SCOTUS appointment that put a liberal on the bench.
Posted on 11/18/24 at 11:41 am to Penrod
quote:
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.
Then why does Article II Section 3 exist? It is constitutional.
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