No he hasn't been through the process.

Post #136,291 by bepatient 1/17/04 1:12:50 PM Reply	No he hasn't been through the process. Thats the point being made here. The Senate did not advise and consent. No opinion of the Senate was allowed to be given, due to Dem obstruction, prior to the end of session. So the President has the right, by the Constitution, to place individuals into these offices. Now the Senate is forced to actually >vote< on his appointment before the end of their next session, or he stays. He called their bet. Now they will be forced to show their cards. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} It goes in, it must come out._{Teslacle's Deviant to Fudd's Law} [link\|mailto:bepatient@aol.com\|BePatient]
Post #136,303 by deSitter 1/17/04 4:52:35 PM Reply	Re: No he hasn't been through the process. I was being kind - the actual evident meaning of the clause in the Section was the case of a vacancy suddenly appearing during the recess, not the filling of one left open by disagreement. -drl
Post #136,678 by Simon_Jester 1/20/04 12:42:20 PM Reply	Nor is he the first.... Recess appointments have been used sporadically by presidents over the years. President Dwight Eisenhower made recess appointments of Chief Justice Earl Warren and Justices William Brennan and Potter Stewart to the U.S. Supreme Court. In the first recess appointment of a federal appeals court judge since the Carter administration, President Bill Clinton put Roger Gregory on the 4th U.S. Circuit Court of Appeals in Richmond in December 2000. Sen. Trent Lott (R-Miss.), one of Pickering's most outspoken supporters, criticized Clinton at the time. "Any appointment of a federal judge during a recess should be opposed," Lott said then. Recalling Eisenhower's recess appointments, Lott said it "was a mistake then, and it would be now." [link\|http://www.ajc.com/news/content/news/0104/17pickering.html\| source ]
Post #136,689 by jb4 1/20/04 1:40:19 PM Reply	Typical neocon hypocricy Neocon: Clinton did it, its BAAAD! Duh does it, it's GOOOD! For all values of "it". jb4 shrub\ufffdbish (Am., from shrub* + rubbish, after the derisive name for America's 43 president; 2003) n. 1. a form of nonsensical political doubletalk wherein the speaker attempts to defend the indefensible by lying, obfuscation, or otherwise misstating that facts; GIBBERISH. 2. any of a collection of utterances from America's putative 43rd president. cf.* BULLSHIT
Post #136,692 by bepatient 1/20/04 1:43:48 PM Reply	Nah...just Lott being an idiot. Which is par for the course. If it makes the Senate step up to the plate and >do their jobs<, then I don't care who does it. This "process induced stupor" that is playing out on more than one subject is not helping anyone. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} It goes in, it must come out._{Teslacle's Deviant to Fudd's Law} [link\|mailto:bepatient@aol.com\|BePatient]
Post #136,712 by bbronson 1/20/04 3:19:00 PM Reply	Actually, as used, they're unconstitutional [link\|http://www.senate.gov/civics/constitution_item/constitution.htm\|Article 2, Section 2 (paragraph 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." Now I know lots of people hate what the Constitution actually says, but it seems pretty clear to me. You can use recess appointments to fill vacancies that occurred during the recess. I haven't found anything that would indicate the contrary. I know some, and I'm pretty sure all, of Clinton's recess appointments violated this. Bush's current appointment does. I suspect most of the recess appointments in the last 50 years violate this. But, if you have people who use the "equal protection of the laws" from the 14th Amendment to prohibit discrimination by race (segregated schools; good decision) and the exact same words to require discrimination by race (affirmative action; bad decision), then I guess all bets are off. Brian Bronson

Welcome to IWETHEY!