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Article 2 Section 2

Posted on: November 8, 2018 at 20:21:45 CT
SparkyStalcup MU
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Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

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.

Worst case is that Whittaker is in office until the next Congress in January..but Trump's appointment also violates 5 USC Sec 3345.

(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;

The first assistant is the deputy attorney general Rod Rosenstein.

Sec 3346
(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.

Edited by SparkyStalcup at 20:26:55 on 11/08/18
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Cnn running the hit piece on Whitaker of course - Ragnar Danneskjold MU - 11/8 19:40:33
     His appointment is illegal. Senate needs to confirm. nm - SparkyStalcup MU - 11/8 20:02:33
          as usual, you have no idea what the F you're talking about - blake1771 KC - 11/8 20:56:43
               Judge Nap really screwed the pooch with - Sal KC - 11/8 21:00:59
          Math made easy. 2018 session =THIS session. Next session = - MizzouTigerz MU - 11/8 20:38:38
          No it isnt and no they dont - Uncle Fester USMC - 11/8 20:09:56
               Article II Section 2: The AG is a head of department - SparkyStalcup MU - 11/8 20:13:04
                    You should probably just stop (nm) - Sal KC - 11/8 21:04:07
          It's been decades since I've looked at this general topic. - MizzouTigerz MU - 11/8 20:08:20
               Any recess appointment would only last until Senate is back - SparkyStalcup MU - 11/8 20:15:37
                    Care to link that claim. I believe you are way off the mark - tman MU - 11/8 20:17:26
                         Article 2 Section 2 - SparkyStalcup MU - 11/8 20:21:45
                              Here is a nice explanation. None have it expiring - tman MU - 11/8 20:34:45
                              RE: Article 2 Section 2 - MizzouTigerz MU - 11/8 20:32:23
                                   Don't have him read his own link(nm) - tman MU - 11/8 20:35:48
                                        He will run from this one now(nm) - tman MU - 11/8 20:43:30
                              So you are wrong even by your own link - tman MU - 11/8 20:30:17
               RE: It's been decades since I've looked at this general topic. - Uncle Fester USMC - 11/8 20:12:21
          You have no idea what you’re talking about - Ragnar Danneskjold MU - 11/8 20:07:43
          A year and half ago, dems were demanding Sessions recuse - MUTGR MU - 11/8 20:39:06
     RE: Cnn running the hit piece on Whitaker of course - jmlppx MU - 11/8 19:42:02

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