"In a 2-1 decision, the Fourth U.S. Circuit Court of Appeals stated that such appointments are proper only when Congress has adjourned “sin die” which in the contemporary era happens only when it adjourns at the end of each year."
Bullshit.
AIIS2C3: "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."
As is plainly evident ... the President can fill all Vacancies that may happen DURING the Recess ... it does NOT claim for those that EXIST during the Recess.
Note AIS4C1: "The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December [Modified by Amendment XX], unless they shall by Law appoint a different Day."
A Congress -- with Constitutionally little to nothing to do -- is MANDATED to meet at least once during the year (again, with Constitutionally little to nothing to do, why would they necessarily need to meet at all) ... Secretary of State *croaks* while Congress is in Recess (during those many MONTHS of Recess) ... it *might* be important to provide an 'interim' ... and thus the President has Power To do just that -- giving the Senate the opportunity to make an appointment when they reconvene.
It is NOT so a President can twiddle his thumbs UNTIL the Congress is in Recess and then 'sneak' his cohorts into position -- as has been the unconstitutional practice.
For all practical purposes -- in the CURRENT era -- this Power/Authority is no longer operable. The Congress is *in* Session in virtual perpetuity. Even *if* someone died DURING the Recess, the Congress is back in session almost faster than the President can make his choice.
Regard$,
--MJ
"But whether the Constitution really be one thing, or another, this much is certain -- that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." --L. Spooner --
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- For the Third Time … Federal Court Strikes Down Unconstitutional Re... Travis
- Re: For the Third Time Federal Court Strikes Down Un const... MJ
