Trump picks Rep. Matt Gaetz as attorney general

[BumRushDaShow]

59. Let's start over

Based on the cited section of Article I Sect. 5 of the Constitution, BOTH chambers are considered recessed if they are not in session for more than 3 days and if they plan on that happening, they need to "coordinate" that.

This wasn't normally an issue because by and large, they weren't in as combative of times in previous years until after the Gingrich takeover and stolen election of 2000.

So when after Shrub "recess-appointed Bolton" (see this - https://www.nbcnews.com/id/wbna8758621 and also this as a good discussion about the issue via an interview - https://www.npr.org/2005/08/02/4781459/the-expanding-power-of-a-recess-appointment), Democrats lit the place up. And per that last linked article, Republicans had been similarly pissed when Clinton had done similar when he was in office.

So both parties made a decision to do away with the ability for a President to go around the Senate for confirmations - notably to address the controversial ones who would probably never make it out of Committee, and they did this by "NEVER" going into a "Recess". Even during the winter holidays - you can flip on CSPAN during one of those days of Christmas/New Year's week and see both Chambers "in session", with Clerks there and some other staff and an assigned "Pro-tempore" in the Senate and House to run the show.

I.e., they set up a Rule in their respective Chambers, to literally have someone (normally who lived close by like in MD or VA), to come into their respective Chamber, literally "gavel in" for "Normal Business" (or "Morning Business" ), that includes the Pledge of Allegiance and Convocation, etc., and then maybe have some 1-minute speeches if anyone was around wanting to do that, and perhaps read off the upcoming schedule and submit some written remarks for the record, and then they would RECESS "SUBJECT TO THE CALL OF THE CHAIR" - meaning in 3 days, they would do it all again. Come in, gavel in, Wash. Rinse. Repeat.

These were what they called "Pro-Forma" sessions.

What Obama did was object to the Pro-Forma because literally, once they recessed subject to the call of the chair, nothing was really getting done and he argued it was a literal "recess". So he ignored THE RULES (that were voted on by each Chamber for their Chamber), and appointed people to the NLRB. The GOP sued, it went to the SCOTUS, and SCOTUS basically said - "If those are the Rules of the Senate, then THOSE ARE THE RULES. The Executive Branch has no authority over how the Legislative Branch chooses to conduct business".

THE END.

Now remember - those are RULES and at the beginning of each Congressional session, each Chamber drafts and votes on NEW Rules (in most cases, keeping most of the previous session's Rules and tweaking them or adding/subtracting from them).

The GOP does NOT yet control the Senate, so this will NOT happen now. That will only happen in January when the NEW 119th Session gavels in and they draft NEW Rules, and THAT is when they can coordinate with the House to adopt Rules that would allow an actual "Recess" (by each Chamber), allowing 45 to put in whoever they want "temporarily". I.e., they are only in that position for that Congressional session (not "permanent" ).

All you have to do is be a CSPAN junkie and you will see this wild stuff in action!!!!