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View Diary: Update: Harry Reid Blocks Recess Appointments (220 comments)

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  •  What's the case law look like? (1+ / 0-)
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    totallynext

    The whole practice looks goofy to me. Seems like any strict constructionist would say, the Constitution allows recess appointments only where the vacancy itself occurs during the recess.

    •  I know - I have been posting that issue (0+ / 0-)

      over and over again.  I bet if they actually challenged this in court that interpretation would hold up.

      Especially since it was established in a time when the congressional body was not a full time body and only met periodically.  

      The strict constructionist would have a hard argument to support current recess appoints if the actually vacancy did not occur during the bodies recess.

      But they won't challenge it because they want their parties President to have the same powers.

      Turn Virginia Blue - 2007 21/51

      by totallynext on Tue Nov 20, 2007 at 11:07:56 AM PST

      [ Parent ]

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