can trump appoint new attorney general when congress recess

by Ford Langworth 7 min read

Does the President have the power to make recess appointments?

Jul 27, 2017 · President Trump is openly floating the possibility using a recess appointment for a new Attorney General, but such a move would be yet another example of obstruction of justice from a President who is already neck-deep in scandal. First, he tried to block the Russia investigation by firing FBI Director James Comey, but that only made things worse.

Is the Senate GOP joining legal action against Obama recess appointments?

The comment echoed remarks Trump once gave when asked if he would fire former FBI Director James Comey, about a month before doing so. The Senate begins its recess August 11. If Sessions is fired...

How many Supreme Court judges have been appointed by recess appointments?

In August 2017, nine pro forma sessions were set up to block President Donald Trump from making recess appointments. The concern was that Trump might dismiss Attorney General Jeff Sessions, and try to name his successor while Congress was in recess. Pro forma sessions continued to be held until January 2019.

What is the recess appointment clause?

UPDATE: Before leaving for their August recess, members of Congress heard your concerns and made sure that President Trump cannot make a recess appointment to fire and replace Jeff Sessions without the Senate being able to hold hearings and votes on any new attorney general. Congress will meet briefly every three days during August so that there will not be a break long …

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Mar 11, 2015 · Recess Appointments: Frequently Asked Questions Congressional Research Service RS21308 · VERSION 23 · UPDATED 2 adjournment.6 The Twentieth Amendment to the Constitution provides that Congress will meet annually on January 3, “unless they shall by law appoint a different day.”7 Generally, a session of the Senate begins on that day and continues …

What happens if the president appoints someone while Congress is in recess?

Constitutional text Article II, Section 2, Clause 3, commonly known as the Recess Appointment Clause, provides that, 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.

Which Federalist paper discusses why the president can't make a recess appointment in relation to a senator who dies or leaves office while the Senate is in recess?

67 is an essay by Alexander Hamilton, the sixty-seventh of The Federalist Papers.

Who has the power to remove presidential appointees does he need approval?

Myers v. United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval. Humphrey's Executor v.

What does pro forma mean in Congress?

Typically, a congress is divided into two annual sessions of the Senate, convened in early January and adjourned in December. ... Pro Forma Session: From the Latin, meaning “as a matter of form,” a pro forma session is a brief meeting of the Senate, often only a few minutes in duration.

How long do recess appointments last?

At any point in a year, as a result, by making a recess appointment during an intrasession recess, a President could fill a position not just for the rest of that year, but until near the end of the following year. In practice, this has meant that a recess appointment could last for almost two years.Mar 11, 2015

What was Federalist Paper 69 about?

In Federalist No. 69, Alexander Hamilton sought to explain the nature of the executive branch in order to address fears that the President would function as an elected monarch, the primary concern of Anti-Federalists.

Can Congress reject presidential appointments?

The Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches. This provision, like many others in the Constitution, was born of compromise.Sep 17, 2021

How is attorney general removed?

He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

Can the president appoint Cabinet members without approval from Congress?

The president may designate heads of other agencies and non-Senate-confirmed members of the Executive Office of the President as members of the Cabinet. The Cabinet does not have any collective executive powers or functions of its own, and no votes need to be taken.

What is the point of a pro forma session?

This is usually to fulfill the obligation under the Constitution "that neither chamber can adjourn for more than three days without the consent of the other." Pro forma sessions can also be used to prevent the president from pocket-vetoing bills, or calling the Congress into special session.

What is it called when both houses of Congress meet together at the same time?

A joint session of the United States Congress is a gathering of members of the two chambers of the bicameral legislature of the federal government of the United States: the Senate and the House of Representatives.

What powers does the President have to convene or dismiss Congress?

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the ...

How many recess appointments did Obama make?

Holsinger would receive a recess appointment as Surgeon General of the United States. President Barack Obama made 32 recess appointments (through February 1, 2015), all to full-time positions.

What is the purpose of the recess appointment clause?

Article II, Section 2, Clause 3, commonly known as the Recess Appointment Clause, provides that, 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 is recess appointment?

Hart. Russell) v. t. e. In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution 's Appointments Clause, the President is empowered to nominate, and with the advice and consent (confirmation) of the Senate, ...

Who was the Chief Justice of the United States in 1795?

Washington appointed South Carolina judge John Rutledge as Chief Justice of the United States during a congressional recess in 1795. Because of Rutledge's political views and occasional mental illness, however, the Senate rejected his nomination, and Rutledge attempted suicide and resigned.

Who is running for attorney general in Texas?

Texas Land Commissioner George P. Bush (R) announced that he is running for attorney general, challenging fellow Republican Ken Paxton (R) with a sharp focus on Paxton’s legal troubles, the…

Who said senators have managed to outdo themselves in cowardice?

George Conway: “Republican senators have managed to outdo themselves in cowardice — which is quite a feat.” “Last week’s Senate vote blocking a national commission to investigate the Jan. 6…

What did Biden say at a private meeting?

“President Biden signaled at a private meeting on Wednesday that he would support significant revisions to his tax proposal to win Republican backing on a broader infrastructure package, outlining a…

Who said "Take a step back and it becomes clear that our core divides are fairly simple"?

Perry Bacon Jr.: “Take a step back, and it becomes clear that our core divides are fairly simple.” “I think most of today’s political fights are really about two underlying…

Who is the first lady to meet Biden?

There’s been no confirmation from the White House, but Buckingham Palace just announced that Queen Elizabeth will meet the President Biden and First Lady Jill Biden at Windsor Castle on…

Is Cuomo refusing to release his book deal?

New York Gov. Andrew Cuomo’s (D) office “ is refusing to release a multitude of public records related to his $5.1 million book deal, with his attorneys invoking one law that…

Trump supporter warns of Taliban style takeover if Trump isn't reinstated as president

CNN's Donnie O'Sullivan spoke to a couple of Trump supporters and found that one of them thinks God will reinstate Trump, while the other thinks guns will. Trumper #1Yeah, I'm Trump supporter. Honey, I can't wait for him to get back in office. I know he won the election, and he's coming back. Yahoo! Can't… READ THE REST

New law requires Florida universities to survey students about their political views to promote "intellectual diversity"

Florida Governor Ron DeSantis signed a new bill that requires state colleges and universities to survey students, faculty, and staff at Florida colleges and universities to register their political views with the state, reports Raw Story.

Computer games to look forward to this year

PC Gamer summarizes its best 2021 picks on Windows and MacOS from the E3 trade show in Los Angeles, as does Eurogamer (which includes console picks) and Gizmodo (focusing on nerdy stuff). In previous years, we focused our awards on E3 games we've actually been able to play. E3 2021 was all-digital, which meant fewer… READ THE REST