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Politics : The Obama - Clinton Disaster

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To: longnshort who wrote (64177)1/13/2012 1:48:11 PM
From: DuckTapeSunroof   of 103300
 
Re: "the House is irrelevant to recess appointments."

The House, and the constitution, disagrees with that statement since the constitution says that the Senate cannot recess without the permission of the House....

Re: "The only question that matters is whether the Senate is in session."

That's the nub of it, sure.

Question is: Is it a recess OR NOT when they are all out of town for 20 days, and have adopted a resolution saying that NO WORK CAN BE DONE in these little 'pro forma sessions' when one joker shows up all by his lonesome and bangs the gavel for 30 seconds or less.....

That was a trick devised by Senator Reid in 2007, (never before used in history), and the intent was to try to keep President Bush from making any recess appointments. Validity of which has never been tested in court, but there are plenty of court precedents that take the "functional" approach to deciding what is, and what is not, a real session of Congress... looking, (mainly), to the defining question of "can any actual legislative work be done, yes or no?".
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