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Constitutional Minute

Wed, 02/15/2023 - 07:54
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We have been told for ages that the President is permitted to make a “recess” appointment of someone whose nomination has already been blocked by the Senate (Article II, Sec. 2, clause 3); that once the Senate goes into recess, the President may slip in there and make a “recess” appointment of his rejected nominee! Rubbish. The constitutional plan (Article II, Sec. 2, clause 2) is that the…

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