Here's the 8 page report Presidents Nominations, by Jeff Clark. Clark is coming out with a 30 page scholarly paper Enumerating the President's powers and avenues to get his nominees through; for those attorneys kicking against the bricks of Truth.
Suck on that!
https://americarenewing.com/issues/brief-on-the-article-ii-recess-appointments-clause/
>>22012814.1st and 2nd page of the 8 page report
BRIEF: ON THE ARTICLE II RECESS APPOINTMENTS CLAUSE By Jeff Clark and Anthony Licata. 1/2
Given the extensive delays experienced during his first administration in getting the Senate to approve his nominees expeditiously,President-elect Donald Trump recently proposed the use of recess appointments, if necessary, to briskly stand up his new administration early next year.
The question is whether the law and our history confirms the President’s belief that he should be allowed to assemble his Cabinet quickly via recess appointments?” The answer is “yes.”
Article II Power of Appointment
James Madison proclaimed on the floor of the First Congress that “if any power whatsoever is in its nature Executive, it is the power of appointing, overseeing, and controlling those who execute the laws.”1 “Good laws are of no effect without a good Executive; and there can be no good Executive without a responsible appointment of officers to execute.”2
The President retains unfettered discretionto select every Officer to be considered by the Senate for confirmation,whereas the Senate’s advice-and-consent authority is confined to mere binary approbation (i.e., aye or nay) of the President’s nominees.3
From that perspective, it isunsurprising that the practice of Senate committee referrals and the summoning of presidential nominees for lengthy hearings and invasive inquisitions are modern conventions completely foreign to the Constitution’s Framersand were not how the confirmation process, often using voice votes, was operated for most of the country’s history.4
The appointment power is vested in the President under the regime erected by Article II of the Constitution. Two clauses, in particular, grant this power: the Appointments Clause and the Recess Appointments Clause.
These clauses exist to ensure the efficient appointment and near-perpetual commission of subordinate executive officers under the direct charge of the President, so that gaps in offices led by presidential appointees do not exist for lengthy periods of time.
The Appointments Clausegrants to the Senate an advice-and-consent qualificationon the appointment of executive officers and, in conjunction with the House, the authority to statutorily create such offices in the first instance,5yet the “entire ‘executive Power’” to appoint, remove, supervise, command and control each and every one of these executive officers and offices “belongs to the President alone”
under Article II.6As Chief Justice Taft observed, the “ordinary duties of officers prescribed by statute come under thegeneral administrative control of the President by virtue of the general grant to him of the executive power,” which necessarily includes the power of “appointment and removal of executive officers” and of “supervis[ing] and guid[ing] their construction of statutes under which they act.”7
PDF attached
https://media.128ducks.com/file_store/4a7b7b17142336b588b2d7247f7426b32f9f94341f0857af2404492dee13c4ef.pdf
2/2
Whereas under the Appointments Clause, the “power of appointment is confided to the President and Senate jointly”(in view of the Senate having the power under that clause to withhold consent),
the Recess Appointments Clause “authorise[s] the President, singly, to make temporary appointments” to vacant Offices, which may be “necessary for the public service to fill without delay.”8
The Framers additionally saw to it that, notwithstanding the senatorial advice-and-consent qualification on appointments,9the President “shall have Power to fill up all Vacancies [in Offices] that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”10
As President Monroe’s Attorney General, William Wirt, propounded in hiscornerstone opinion interpreting the Recess Appointments Clause:
“The substantial purpose of the [C]onstitutionwas to keep these offices filled; and powers adequate to this purpose were intended to be conveyed.”11
The Courts and the Executive Branch have firmly rejected any notion that “a recess appointment is somehow a constitutionally inferior procedure, not entirely valid or in some way suspect” based on the argument that “the normal appointment process envisioned by the Constitution is nomination by the President with confirmation by the Senate.”12
“The Constitution . . . must be regarded as one instrument, all of whose provisions are to be deemed of equal validity.”13
The Appointments Clause, taken in juxtaposition with the Recess Appointment Clause, is no exception. A recess appointee, just like a Senate-confirmed appointee, “is appointed by one of the methods specified in the Constitution itself . . . he holds the office; and he receives its pay.”14 Furthermore, “[t]here is nothing to suggest that the Recess Appointments Clause was designed as some sort of extraordinary and lesser method of appointment, to be used only in cases of extreme necessity.”15
Recess of the Senate
Under the Recess Appointments Clause, the President’s constitutional power to recess appoint Officers to vacant Offices without the advice and consent of the Senateis triggered either by an inter-session recess of the Senate or by an intra-session recess of the Senate. The Senate or the House “announces an inter-session recess by approving a resolutionstating that it will ‘adjourn sine die,’ i.e., without specifying a date to return(in which case Congress will reconvene when the next formal session is scheduled to begin),” whereas the Senate or House “announces any such ‘intra-session recess’ by adopting a resolution stating that it will ‘adjourn’ to a fixed date, a few days or weeks or even months later.” NLRB v. Noel Canning, 573 u.
Clark 8 page report on Recess Claus.
I love reading of the Consitution and Framers rules in regard to our gov.Pretty impressive most of the Framers were in their late 20s, 30s and 40s that wrote and confirmed the Constitution, Bills of Right, Declarations of freedom, bound by the rule of law…
PDF attached
https://media.128ducks.com/file_store/4a7b7b17142336b588b2d7247f7426b32f9f94341f0857af2404492dee13c4ef.pdf
Nicole Shanahan Details How We Will Make America Healthy Again Through Agriculture.
(The AG division is going to be opposed by Grassley, or he is gonna get on board. He knows he uses pesticides etc on his farms. Grassley will ultimately see the benefits of change)
Bannons War Room
19:58
https://rumble.com/embed/v5ohie2/?pub=4
Nicole Shanahan, She is fantastic, being a prior lefty, has seen through the scam, she is supporting farmers, including small farmers, and reducing the insecticides etc that are destroying nutrient rich foods.
She is all for us to grow our own foods, Food Freedom. She is really smart!
Life will be good when Trump's Admin is released.Healthy soil is the key the Micro Biom, the majesty of soil. From Life to Dirt
She thinks we can make Big Macs Grant again!. By changing the ingredients and frying not in seed oils.
I really like her, if they can remove the toxic ingredientsBig Macs can be great again along with the French Fries
At that point Bobby will be ok with staging an AFTrump pic, he'll look happier. His sense of humor has to be tuned up. Kek
Me too big time. Do you know how hard it is to buy fast food for lunch worrying about the ingredients.
I'd love to feel guilt freethat I am not eating something that is gross or can hurt my health!
Julie Kelly: Inside Of The DOJ, The Hunters Become The HuntedLove Julie Kelly she is a real warrior!
5:08
https://rumble.com/embed/v5ohst2/?pub=4
Julie Kelly: "The J6 Defendants Know That Their Tormentors Are Now The Ones Being Tormented"
4:01
https://rumble.com/embed/v5oi2gz/?pub=4