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<blockquote data-quote="roadrunner2012" data-source="post: 1027523" data-attributes="member: 40736"><p>Republicans tried to prevent recess appointments by keeping the Senate in pro forma session over the holiday break, but the White House said that maneuver is meaningless.</p><p></p><p>Big words and reasoning here:</p><p><a href="http://www.volokh.com/2012/01/04/recess-appointment-of-richard-cordray-despite-pro-forma-sessions/" target="_blank">The Volokh Conspiracy � Recess Appointment of Richard Cordray Despite Pro Forma Sessions</a></p><p></p><p>tl;dr version:</p><p><em>One of the most important documents on the scope of the Recess Appointments Clause is the report the Senate Judiciary Committee issued on the question in the wake of President Theodore Roosevelt’s decision to make recess appointments during a truly brief gap between two sessions of Congress. That report likewise advocated a practical interpretation that focused on the ability of the Senate to perform the advise and consent function.</em><p style="margin-left: 20px"><em>It was evidently intended by the framers of the Constitution that [“recess”] should mean something real, not something imaginary; something actual, not something fictitious. They used the word as the mass of mankind then understood it and now understand it. It means, in our judgment, . . . the period of time when the Senate is not sitting in regular or extraordinary session as a branch of Congress, or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its Chamber is empty; when, because of its absence, <u>it cannot receive communications from the President or participate as a body in making appointments.</u></em></p><p></p><p>If it were illegal it would have been overturned.</p><p></p><p>Next.</p></blockquote><p></p>
[QUOTE="roadrunner2012, post: 1027523, member: 40736"] Republicans tried to prevent recess appointments by keeping the Senate in pro forma session over the holiday break, but the White House said that maneuver is meaningless. Big words and reasoning here: [URL="http://www.volokh.com/2012/01/04/recess-appointment-of-richard-cordray-despite-pro-forma-sessions/"]The Volokh Conspiracy � Recess Appointment of Richard Cordray Despite Pro Forma Sessions[/URL] tl;dr version: [I]One of the most important documents on the scope of the Recess Appointments Clause is the report the Senate Judiciary Committee issued on the question in the wake of President Theodore Roosevelt’s decision to make recess appointments during a truly brief gap between two sessions of Congress. That report likewise advocated a practical interpretation that focused on the ability of the Senate to perform the advise and consent function.[/I][INDENT][I]It was evidently intended by the framers of the Constitution that [“recess”] should mean something real, not something imaginary; something actual, not something fictitious. They used the word as the mass of mankind then understood it and now understand it. It means, in our judgment, . . . the period of time when the Senate is not sitting in regular or extraordinary session as a branch of Congress, or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its Chamber is empty; when, because of its absence, [U]it cannot receive communications from the President or participate as a body in making appointments.[/U][/I][/INDENT] If it were illegal it would have been overturned. Next. [/QUOTE]
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