Constitutional Usurper — Tyrant in the Oval Office
Very good
article from the Washington
Post this subject headline:
Trump threatens to adjourn Congress to get his
nominees but likely would be impeded by Senate rules
Trump now
has threatened to try to force Congress to adjourn (shut down) so he could fill
his administration’s vacancies without Senate approval, the second time this
week he has claimed unprecedented executive authority amid the coronavirus pandemic.
The
president cited a never-exercised constitutional power to shut down Congress if
the House and Senate are in disagreement over adjourning, pushing both the
executive and legislative branches into uncharted territory.
Trump asserted
that he had “total” authority over the decision to reopen the country,
overruling governors’ intent on protecting public health and containing further
spread of the coronavirus.
He seemed to backtrack the next day, suggesting he
would work with the governors on such a step.
At his daily
coronavirus task force briefing Wednesday (April 15) Trump slammed the common
practice by the House and Senate to hold pro forma sessions every two or three
days but never formally adjourn, thus thwarting Trump’s ability to bypass the
regular Senate confirmation process and install nominees by recess
appointments.
Trump told reporters: “The
current practice of leaving town while conducting phony pro forma sessions is a
dereliction of duty that the American people cannot afford during this crisis.”
I note: So, now Trump considers the country
in crisis mode simply to get his way – to hell with his previous many, many denials
about the virus and seriousness of the crisis in which he made worse with his
inactions and denials – a very long record of denials in the public record.
Article II,
Section 3 of the Constitution says the president: “May, on extraordinary Occasions, convene both Houses, or either of
them, and in Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think proper.”
Senate GOP Majority Leader Mitch
McConnell (R-KY) spoke to Trump on but signaled that he wasn’t on board with
the president’s plan as
any attempt to formally adjourn the Senate would require all 100 senators
traveling back to Washington for such a vote — which McConnell and Senate
leaders have deemed unsafe at this point and rightly so.
If such a
resolution passed in the Senate, Speaker
Nancy Pelosi (D-CA) would have to bring the current 429 House members back
to vote on the same measure, and the Democratic-controlled House likely would
oppose it, creating the disagreement between the two chambers.
I Note: And thus, now facing another
constitutional crisis caused directly by Trump with his delayed inaction, is once
again looking for ways to blame someone, anyone except himself. Recall he once
said in response to a question asked
by NBC news reporter, Kristen Welker, whether he takes responsibility
for the lag in making test kits available, he said: “No. I don’t take responsibility at all.”
Yeah that Donald J. Trump – con man par excellence.
First View from Steve Vladeck, a
professor at the University of Texas School of Law: “The
Constitution does give the president the authority to unilaterally adjourn both
chambers of Congress, but only in Case of Disagreement between them, with Respect
to the Time of Adjournment,” (pointed
out by Vladeck on Twitter): there
is no such disagreement at present.”
Vladeck writes: “Article
II of the Constitution gives the president the power to adjourn Congress if — and
only if — the House and Senate cannot agree on a date for ending the current
session. But they have agreed — January 3, 2021. There's a reason why this
power has never been exercised before.”
Trump's
threat also was immediately condemned by Democratic members of Congress.
Second view from Rep. Jamie Raskin (D-MD), a constitutional law expert
and member of the House Judiciary Committee told the
Washington Post: “Dissolving
an assembly comes out of a dictator's handbook and that’s banana republic stuff.”
My 2 cents: One more disaster red flare to signal
that “Donald the Tyrant” is totally losing control and seeking anyway possible to
blame anyone including Congress as a whole with this wild-ass opinion – again anyone
besides himself.
Now our well-established three branches of government
with separation of powers is under fire because Trump wants only one branch:
his branch.
Trump wants no Congress and only a judicial system
wherein he makes appointments and decides what decisions they make on his
behalf and not much else.
What a deal, right, Mr. Dictator-in-Waiting?
Again, the man is incorrigible and will be at this
stage forever.
Thanks for stopping by.
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