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Stocks A to Z / Stocks B / Berkshire Hathaway (BRK.A)
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Author: albaby1 🐝 HONORARY
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Number: of 15062 
Subject: Re: Faster but Vulnerable - Recess Appointment Edition
Date: 11/14/2024 7:43 PM
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A literal reading of the Constitution allows him to do that. How would the (supposed) “originalists” contort themselves to say “Oh, well that’s OK, then.”?

They wouldn't. The Advise and Consent Clause is a check on the Executive's power. They probably would not regard an adjournment that the President created as being a "recess" for the purposes of the Appointments Clause. Even if they did accept that adjournment as a "recess," he'd still be in the same pickle under Canning - a recess only counts for the purpose of that Clause if it's a time when Congress is genuinely and unavoidably available to properly staff the government vacancy, not a short time that will be resolved in due course.

Canning was a pretty strong decision in favor of Congress' power to prevent recess appointments. It didn't eliminate them entirely (though Thomas, Roberts and Alito were willing to go that far), but it's hard to imagine any non-emergency circumstance in the modern era that would qualify for a recess appointment these days under that decision.
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