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View Diary: SCOTUS hostile to administration in recess appointments case (115 comments)

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  •  Is this really the argument (3+ / 0-)
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    coffeetalk, Sharon Wraight, dinotrac

    you want the Executive Branch to make: If a body cannot conduct business -- e.g. no quorum -- is it in recess?  

    Imagine the Bush presidency deciding to do that, we'd be outraged!! Impeachment!!!

    This is not rocket science, Congress gets to make it's own rules about how they govern, the Executive branch can attempt to 'interpret' them but runs the risk of getting smacked down by SCOTUS - as will almost certainly happen in this case.

    It's not like a Senate recess is some sort of nebulous thing. They even have a formal notification process - to the House - that's constitutionally mandated.

    Look, I tried to be reasonable...

    by campionrules on Mon Jan 13, 2014 at 01:14:26 PM PST

    [ Parent ]

    •  I don't think I actually (4+ / 0-)

      wrote what you attribute to me.  I am asking what the definition of recess is and how it will affect prior recess appointment business.

      The Bush Administration and practically every other administration did do exactly that.  What is your point?  I just find it "odd" that it is now a Constitutional issue when the Black guy did it.

      " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

      by gchaucer2 on Mon Jan 13, 2014 at 01:27:44 PM PST

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      •  definition (3+ / 0-)

        As defined by the Congressional Research Service

        The Constitution provides that neither chamber may adjourn for three days or more without the consent of the other. The two houses consent to each other’s sine die adjournment by adopting a concurrent resolution, called an “adjournment resolution.” They use a similar vehicle to allow each other to suspend their daily sessions for three days or more without terminating their annual session. Such a suspension is called a “recess of the session,” an intrasession recess, or, more
        formally, an “adjournment for more than three days” within a session.
        To avoid the need for a
        concurrent resolution, a chamber may hold pro forma sessions on such a schedule that no break of
        three days or more occurs
        Bold and italics mine

        Note the italics, Seems to me that this is precisely what the Senate was doing, holding "pro-forma sessions" so that no break occurred and therefore no recess occurred and thus PO's appointments would be null and void.

        You will note that nowhere does the President get to define when Congress has recessed or not.

        Honesty may be the best policy, but it's important to remember that apparently, by elimination, dishonesty is the second-best policy.

        by fauxrs on Mon Jan 13, 2014 at 03:23:49 PM PST

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        •  Objectively, I think "pro forma" is bullshit (1+ / 0-)
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          I mean, it's "pro forma," as in just for show, not real.

          But then it's just a question of how much of a time gap there has to be between actual session bouts for it to be a "recess" under the Constitution.

          Government and laws are the agreement we all make to secure everyone's freedom.

          by Simplify on Mon Jan 13, 2014 at 05:59:36 PM PST

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        •  Technically (0+ / 0-)

          I believe the Senate was holding pro forma sessions not because they wanted to, but rather because the House would not concur with their desire to recess, and therefore they were unable to do so.

          The Democratic Senate probably would have recessed had it been given the chance.

          Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

          by Phoenix Rising on Tue Jan 14, 2014 at 06:21:03 AM PST

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      •  Exactly! Why didn't SCOTUS (1+ / 0-)
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        smack down all the other presidents over the last 30 years who had so many f*g more recess appointments than Obama has?

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