A President Who Never Does His Job Tells the Senate to Do Their Job

Obama and his hypocritical minions are waging an offensive claiming that the Constitution says the senate can’t prevent Obama from appointing a justice to replace Antonin Scalia.  It’s amusing that many of the same people saying the senate can’t stop Obama from appointing a justice were senators who did everything in their power as senators to prevent a Republican president from appointing a justice, even coming right out and saying in the case of Chuckie Schumer that he would prevent any nominee of George W. Bush from being voted on for the last 18 months of Bush’s presidency.  The current Vice President, Joe Biden, was one of the chief persecutors of Robert Bork, giving rise to the phrase “getting Borked.”  The democrats don’t have a leg to stand on in this debate.  As I heard it said about Mitch McConnell saying no Obama appointee would be approved, it was poor chess.  I agree with McConnell, and I pray he has the guts to say the course and not cave into Obama AGAIN, but he should have said nothing, submitted the liberal candidates to the same body cavity search they have submitted conservative appointees to until they withdrew themselves from consideration, but still never bring them up for a vote.

But assuming the not so conservative Republican leadership actually holds the line, the fear is that Obama will just do a recess appointment when the senate adjourns in January prior to the inauguration.  I would not put it past him, but I do not believe such action to be constitutional.  Here’s why.

A question I have posited elsewhere, if the Constitution says what it says, and doesn’t say what it doesn’t say, am I correct in interpreting Article 2, Sect 2 of the Constitution to say that POTUS can’t simply do a recess appointment for a “Supreme” Court justice because the senate is in recess, but that the vacancy he is attempting to fill must have occurred DURING THAT RECESS?

“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.”

What do you think? I guess your answer depends on whether you think the Constitution is ACTUALLY the law of the land or not.

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