The World, and Everything in it

Thursday, November 14, 2024

Wednesday, November 13, 2024

AG Gaetz count on it

People keep saying how is Trump gonna get Gaetz past the RINOs. Well is goes a little something like this...

1. House Adjourns: The cooperative House of Representatives adjourns for more than three days. Under the Constitution, neither chamber can adjourn for more than three days without the consent of the other (Article I, Section 5, Clause 4).

2. Senate Refuses to Adjourn: The uncooperative Senate Majority Leader keeps the Senate in session, refusing to consent to the House’s adjournment or to adjourn the Senate.

3. Create a Disagreement: This sets up a disagreement between the House and Senate on the time of adjournment.

4. Presidential Adjournment Power Invoked: Under Article II, Section 3 of the Constitution, the President has the authority to adjourn both Houses “to such time as he shall think proper” in case of disagreement between them regarding adjournment.

”… he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper.”

5. President Forces Adjournment: President Trump uses this power to adjourn both the House and the Senate for a period sufficient to qualify as a recess.

6. Recess Appointments Made: During this forced recess, President Trump makes recess appointments for his entire cabinet without needing the Senate’s confirmation.

7. Circumvent Pro Forma Sessions: Pro forma sessions are brief meetings that prevent a formal recess. However, since the President adjourned Congress constitutionally, pro forma sessions cannot be held, effectively bypassing this tactic.

8. Legal Precedent Considered: While this strategy is constitutionally grounded, it is unprecedented and would likely face legal challenges. The Supreme Court’s decision in NLRB v. Noel Canning (2014) clarified the limits of recess appointments but did not address the President’s adjournment power under Article II, Section 3.

Creative Utilization of Constitutional Powers:

• Adjournment Power: By manufacturing a disagreement on adjournment between the House and Senate, the President can constitutionally adjourn Congress.

• Recess Appointments Clause: Once Congress is in recess, the President can fill vacancies without immediate Senate approval.

Challenges and Considerations:

• Legal Challenges: Such a move would almost certainly face immediate litigation, questioning the validity of the appointments and the use of the adjournment power.

• Political Ramifications: This action could lead to significant political backlash and escalate tensions between the executive and legislative branches.

• Precedent Setting: Utilizing this power in such a manner could set a new precedent, altering the balance of powers.

Conclusion:

By orchestrating a disagreement on adjournment between a cooperative House and an uncooperative Senate, President Trump could invoke his constitutional power to adjourn Congress, thus enabling him to make recess appointments for his entire cabinet in one stroke