Rambunctious
Diamond Member
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Trump has already promised to do so....
You lost swamp get the fuck out of our way or get run over....
You lost swamp get the fuck out of our way or get run over....
I just learned of Recess Appointments. This means Trump can get any of his appointments into their positions. Clinton used it 139 times, GWB 171
- Thread starter shockedcanadian
- Start date
jbrownson0831
Diamond Member
- Jul 27, 2020
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You thought Harris was going to win...
berg80
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How many of those recess appointments were for cabinet secretaries?
Mac1958
Diamond Member
Even Trump knows he has to do it with recess appointments. Imagine what a shit show a regular process would be for Gaetz and Hegseth, and who knows who else he'll nominate.
berg80
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The 18th‑Century Origins of Recess Appointments
On March 4, 1789, the first U.S. Congress convened at New York City’s Federal Hall. It got off to a bit of a rocky start: Only 22 of the 81 members of the Senate and the House of Representatives made it to New York in time to attend the first day in session, and it took another month for enough congressmen to arrive to form a quorum, allowing voting to begin. The first session ran through September 29, at which point the congressmen left for a three-month recess.
It was during this first congressional recess that President George Washington made the country’s very first recess appointments. The U.S. Constitution provides that the Senate must approve presidential appointments. But at a time when cross-country travel by horse prevented senators from quickly convening, the framers of the Constitution decided to add a clause allowing the president to make temporary appointments during a congressional recess.
What Are the Origins of Recess Appointments?
No one ever contemplated a prez who would so try to abuse his power as to demand the Senate go in to recess in order to ram through appointees without Senate confirmation. It's one of the many ways our Republic is ill prepared for a megalomaniac intent on exploiting every weakness in the system by constantly probing to see how much he can get away with. He has to date largely been enabled by complicity from congressional Repubs. Turning their backs on their oath of office to save themselves from trump's base in the voting booth.
Mac1958
Diamond Member
The Founders tried to protect against something like this, but you can only pre-emptively plug so many holes in a free society. To some degree you have to trust the system and the people. We sure did last a long time with that kind of trust.
debbiedowner
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- Feb 12, 2017
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Article II, Section 2, Clause 3:
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.
The Recess Appointments Clause, authorizing the President to make temporary appointments when the Senate is not in session, was adopted by the Constitutional Convention without dissent and without debate regarding the intent and scope of its terms. In the Federalist No. 67, Alexander Hamilton refers to the recess appointment power as nothing more than a supplement . . . for the purpose of establishing an auxiliary method of appointment, in cases to which the general method was inadequate. It is generally accepted that the Clause was designed to enable the President to ensure the unfettered operation of the government during periods when the Senate was not in session and therefore unable to perform its advice and consent function. In addition to fostering administrative continuity, Presidents have exercised authority under the Recess Appointments Clause for political purposes, appointing officials who might have difficulty securing Senate confirmation.
Two fundamental textual issues arise when interpreting the Recess Appointments Clause. The first is the meaning of the phrase the Recess of the Senate. The Senate may recess both between and during its annual sessions,1 but the time period during which the President may make a recess appointment is not clearly answered by the text of the Constitution. The second fundamental textual issue is what constitutes a vacancy that may happen during the recess of the Senate. If the words may happen are interpreted to refer only to vacancies that arise during a recess, then the President would lack authority to make a recess appointment to a vacancy that existed before the recess began. For over two centuries the Supreme Court did not address either of these issues,2 leaving it to the lower courts and other branches of government to interpret the scope of the Recess Appointments Clause.3
The Supreme Court ultimately adopted a relatively broad interpretation of the Clause in National Labor Relations Board v. Noel Canning.4 With respect to the meaning of the phrase Recess of the Senate, the Court concluded that the phrase applied to both inter-session recesses and intra-session recesses. In so holding, the Court, finding the text of the Constitution ambiguous,5 relied on (1) a pragmatic interpretation of the Clause that would allow the President to ensure the continued functioning of the federal government when the Senate is away,6 and (2) long settled and established [historical] practice of the President making intra-session recess appointments.7 The Court declined, however, to say how long a recess must be to fall within the Clause, instead holding that historical practice counseled that a recess of more than three days but less than ten days is presumptively too short to trigger the President’s appointment power under the Clause.8 With respect to the phrase may happen, the majority, again finding ambiguity in the text of the Clause,9 held that the Clause applied both to vacancies that first come into existence during a recess and to vacancies that initially occur before a recess but continue to exist during the recess.10 In so holding, the Court again relied on both pragmatic concerns11 and historical practice.12
Even under a broad interpretation of the Recess Appointments Clause, the Senate may limit the ability to make recess appointments by exercising its procedural prerogatives. The Court in Noel Canning held that, for the purposes of the Recess Appointments Clause, the Senate is in session when the Senate says it is, provided that, under its own rules, it retains the capacity to transact Senate business.13 In this vein, Noel Canning provides the Senate with the means to prevent recess appointments by a President who attempts to employ the subsidiary method for appointing officers of the United States (i.e., recess appointments) to avoid the norm14 for appointment (i.e., appointment pursuant to the Article II, Section 2, Clause 2)
kyzr
Diamond Member
Someone said that Thune needs to agree to it. He may not be supportive of unqualified picks.
Rawley
Diamond Member
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Gaetz is the only one he might have trouble with.
Nobody911
Platinum Member
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Recess appointments are a constitutional provision that allows the President of the United States to fill vacant federal positions without Senate approval when the Senate is not in session.
This power is derived from Article II, Section 2, Clause 3 of the U.S. Constitution, which states that the President can make appointments during recesses of the Senate, but these appointments expire at the end of the Senate's next session.
The use of recess appointments is not unrestricted; they can only be made when the Senate is in recess, which has been a point of contention, especially regarding the definition of "recess."
For example, the Senate may hold pro forma sessions, which can be used to technically maintain session status and limit the President's ability to make recess appointments.
The Supreme Court has weighed in on the use of recess appointments.
In 2014, the Court ruled in NLRB v. Noel Canning that President Obama’s recess appointments to the National Labor Relations Board during a short break were unconstitutional. The Court clarified that the Senate is considered in session if it is holding pro forma sessions, thus limiting the circumstances under which the President can make such appointments.
Overall, while recess appointments are a tool for the President, their use is subject to constitutional interpretation and has been influenced by judicial rulings.
I like the checks & balances! lol.
Recess appointments are nothing new, they still have to get confirmed when congress is back in session
With that said, yes it’s possible to never take a recess
shockedcanadian
Diamond Member
- Aug 6, 2012
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- Thread starter
- #32
Recess appointments are a constitutional provision that allows the President of the United States to fill vacant federal positions without Senate approval when the Senate is not in session.
This power is derived from Article II, Section 2, Clause 3 of the U.S. Constitution, which states that the President can make appointments during recesses of the Senate, but these appointments expire at the end of the Senate's next session.
The use of recess appointments is not unrestricted; they can only be made when the Senate is in recess, which has been a point of contention, especially regarding the definition of "recess."
For example, the Senate may hold pro forma sessions, which can be used to technically maintain session status and limit the President's ability to make recess appointments.
The Supreme Court has weighed in on the use of recess appointments.
In 2014, the Court ruled in NLRB v. Noel Canning that President Obama’s recess appointments to the National Labor Relations Board during a short break were unconstitutional. The Court clarified that the Senate is considered in session if it is holding pro forma sessions, thus limiting the circumstances under which the President can make such appointments.
Overall, while recess appointments are a tool for the President, their use is subject to constitutional interpretation and has been influenced by judicial rulings.
I like the checks & balances! lol.
Yes, checks and balances are important in a fair system. That said, voters speak and they spoke volumes. Therefore, the other branches of government are obliged to understand voters demands.
You can question and hold accountable choices, but if the GOP are the new party of change, they must in fact be that, no? They can't just disregard someone because they haven't been a Washington insider for the last 20 years.
Now, if Trump nominated, say, his daughter for Defense Minister. They have an issue. If he nominates someone with a strong military background and education, they cannot just dismiss them because "he is different". That's a betrayal of the American voter and the reason the GOP were viewed as impotent for years before Trump lead the party.
The question is, how many werent!
A long time? Washington literally made the first recess appointment
Oddball
Unobtanium Member
Doesn't have to agree to shit if the Senate is in recess.
Now I'm hearing a constitutional angle whereby Vance can recess them.
Gaetz didn't suddenly resign his seat on wild impulse....Something's cookin'.....Maybe this...
Report: Trump has an ace up his sleeve to get his appointees confirmed… Deep State sweating… - Revolver News
They never saw it coming...
revolver.news
Natural Citizen
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dudmuck
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Mac-7
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Thats politics
You win some and lose some
In this case the voters rejected your vision for the future and elected to go MAGA instead
Edgetho
Diamond Member
- Mar 27, 2012
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You just learned of Recess Appointments?
It's been in our Constitution for 225 years.
Fucking idiot Canuck. Go help Pierre with his log
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