HOW OBAMA Could Temporarily Fill The Vacancy Left By Justice Scalia With A RADICAL LEFTIST JudgeThere is no other President in the history of the United States who has mastered the art of going around Congress to achieve his radical goals, better than Barack Hussein Obama. In normal times, this scenario would not be of concern to every day Americans. We are not however, living in  normal times.  We are living in time where our President has actually stated that his goal is to fundamentally transform the United States of America Pray for our nation.The Senate is currently in recess until February 22. The recess began on Friday. Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday. That will determine whether it will meet for brief activity during the recess, which could close that opportunity.Here s the scenario in which President Obama may be able to appoint a temporary Supreme Court Justice: The Constitution not only assigns to the president the task of making nominations to the Supreme Court, setting off Senate review that may or may not result in approval, but it also gives the Chief Executive the opportunity to fill a vacancy on the Court temporarily, bypassing the Senate initially, if a nominee languishes in the Senate without final action.Within a few hours after the death of Justice Antonin Scalia, it became abundantly clear that, first, President Obama will choose a possible successor and try to get the Senate to go along, and, second, the GOP leadership of the Senate say they will try to block any such nominee from final approval.If that does result in an impasse, President Obama may ponder the possibility of putting on the Court a new Justice of his choosing, to serve temporarily. The problem, though, is that less than two years ago, the Supreme Court severely narrowed the flexibility of such temporary appointment power, and strengthened the Senate s capacity to frustrate such a presidential maneuver.It is true that one of the Justices regarded as a giant on the Court s history, William J. Brennan, Jr., actually began his lengthy career with just such a short-term appointment. The chances of that happening again today seem to have diminished markedly.The presidential authority at issue in this possible scenario exists, according to Article II, when the Senate has gone into recess and the vacancy a president seeks to fill remains. Such an appointment requires no action at all by the Senate, but the appointee can only serve until the end of the following Senate session. The president (if still in office) can then try again during a new Senate session, by making a new nomination, and that must be reviewed by the Senate.The Supreme Court had never clarified that power until its decision in June 2014 in National Labor Relations Board v. Noel Canning.The decision was something of a compromise. The Court expanded the concept of when the Senate would be in recess so that the president could make a temporary appointment, but it also gave the Senate more control over when it does recess and how long the recesses last. The gesture toward the Senate s choices was probably the more important result.Here, specifically, is what the Court decided:First, on the president s side, the Court ruled that the recess appointment power applies when the Senate leaves town for a break in the middle of an annual sitting, or a break at the end of each annual session.Second, also on the president s side, the decision declared that the president during a recess can fill a vacancy even if the opening occurred well before the recess began.Third, on the Senate s side, the ruling made clear that it has to last more than three days, without saying how much more time must pass without the Senate out of town and doing nothing.Fourth, strongly on the Senate s side, the decision left it largely up to the Senate to decide when it does take a recess, allowing it to avoid the formality of a recess by taking some legislative action, however minor or inconsequential and however few senators actually take part in some action.Suppose President Obama goes ahead with a nomination to the open seat on the Court, and suppose that the Republican-controlled Senate chooses not to allow that nominee. The GOP has enough seats in the Senate to control that scenario.Suppose, then, that the Senate goes into recess to allow its members who are running for reelection to spend some more time campaigning back home.Could President Obama make a nominee during that recess? Only if the Senate is taking a recess lasting longer than three days, and does not come in from time to time during that recess to take some minimal legislative action. Both of those circumstances would be entirely within the Senate s authority.In that circumstance, a recess appointment to the Court would not be within the terms of the Constitution, as spelled out in Article II.Read more: scotusblogGovernment News
how obama could temporarily fill the vacancy left by justice scale with a radical leftist judgethere president history united states mastered art going around congress achieve radical goals better barack hussain obama in normal times scenario would concern every day americans we however living normal times we living time president actually stated goal fundamentally transform united states america pray senate currently recess february the recess began friday whether opens opportunity recess appointment depends upon senate leaders interpret adjournment resolution approved last friday that determine whether meet brief activity recess could close scenario president obama may able appoint temporary supreme court justice the constitution assigns president task making nominations supreme court setting senate review may may result approval also gives chief executive opportunity fill vacancy court temporarily bypassing senate initially nominee languishes senate without final hours death justice antonio scale became abundantly clear first president obama choose possible successor try get senate go along second gop leadership senate say try block nominee final result impasse president obama may ponder possibility putting court new justice choosing serve temporarily the problem though less two years ago supreme court severely narrowed flexibility temporary appointment power strengthened senate capacity frustrated presidential true one justices regarded giant court history william brennan actually began lengthy career appointment the chances happening today seem diminished presidential authority issue possible scenario exists according article ii senate gone recess vacancy president seeks fill remains such appointment requires action senate appointee serve end following senate session the president still office try new senate session making new nomination must reviewed supreme court never clarified power decision june national labor relations board noel decision something compromise the court expanded concept senate would recess president could make temporary appointment also gave senate control recess long recessed last the gesture toward senate choices probably important specifically court decided first president side court ruled recess appointment power applies senate leaves town break middle annual sitting break end annual also president side decision declared president recess fill vacancy even opening occurred well recess senate side ruling made clear last three days without saying much time must pass without senate town strongly senate side decision left largely senate decide take recess allowing avoid formality recess taking legislative action however minor inconsequential however senators actually take part president obama goes ahead nomination open seat court suppose senate chooses allow nominee the gop enough seats senate control senate goes recess allow members running reelection spend time campaigning back president obama make nominee recess only senate taking recess lasting longer three days come time time recess take minimal legislative action both circumstances would entirely within senate circumstance recess appointment court would within terms constitution spelled article scotusbloggovernment news
Your task is to classify the provided input as real or fake news. Label 0 is meant for fake news, Label 1 is for real news. TEXT: HOW OBAMA Could Temporarily Fill The Vacancy Left By Justice Scalia With A RADICAL LEFTIST JudgeThere is no other President in the history of the United States who has mastered the art of going around Congress to achieve his radical goals, better than Barack Hussein Obama. In normal times, this scenario would not be of concern to every day Americans. We are not however, living in  normal times.  We are living in time where our President has actually stated that his goal is to fundamentally transform the United States of America Pray for our nation.The Senate is currently in recess until February 22. The recess began on Friday. Whether this opens an opportunity for a recess appointment depends upon how Senate leaders interpret an adjournment resolution approved last Friday. That will determine whether it will meet for brief activity during the recess, which could close that opportunity.Here s the scenario in which President Obama may be able to appoint a temporary Supreme Court Justice: The Constitution not only assigns to the president the task of making nominations to the Supreme Court, setting off Senate review that may or may not result in approval, but it also gives the Chief Executive the opportunity to fill a vacancy on the Court temporarily, bypassing the Senate initially, if a nominee languishes in the Senate without final action.Within a few hours after the death of Justice Antonin Scalia, it became abundantly clear that, first, President Obama will choose a possible successor and try to get the Senate to go along, and, second, the GOP leadership of the Senate say they will try to block any such nominee from final approval.If that does result in an impasse, President Obama may ponder the possibility of putting on the Court a new Justice of his choosing, to serve temporarily. The problem, though, is that less than two years ago, the Supreme Court severely narrowed the flexibility of such temporary appointment power, and strengthened the Senate s capacity to frustrate such a presidential maneuver.It is true that one of the Justices regarded as a giant on the Court s history, William J. Brennan, Jr., actually began his lengthy career with just such a short-term appointment. The chances of that happening again today seem to have diminished markedly.The presidential authority at issue in this possible scenario exists, according to Article II, when the Senate has gone into recess and the vacancy a president seeks to fill remains. Such an appointment requires no action at all by the Senate, but the appointee can only serve until the end of the following Senate session. The president (if still in office) can then try again during a new Senate session, by making a new nomination, and that must be reviewed by the Senate.The Supreme Court had never clarified that power until its decision in June 2014 in National Labor Relations Board v. Noel Canning.The decision was something of a compromise. The Court expanded the concept of when the Senate would be in recess so that the president could make a temporary appointment, but it also gave the Senate more control over when it does recess and how long the recesses last. The gesture toward the Senate s choices was probably the more important result.Here, specifically, is what the Court decided:First, on the president s side, the Court ruled that the recess appointment power applies when the Senate leaves town for a break in the middle of an annual sitting, or a break at the end of each annual session.Second, also on the president s side, the decision declared that the president during a recess can fill a vacancy even if the opening occurred well before the recess began.Third, on the Senate s side, the ruling made clear that it has to last more than three days, without saying how much more time must pass without the Senate out of town and doing nothing.Fourth, strongly on the Senate s side, the decision left it largely up to the Senate to decide when it does take a recess, allowing it to avoid the formality of a recess by taking some legislative action, however minor or inconsequential and however few senators actually take part in some action.Suppose President Obama goes ahead with a nomination to the open seat on the Court, and suppose that the Republican-controlled Senate chooses not to allow that nominee. The GOP has enough seats in the Senate to control that scenario.Suppose, then, that the Senate goes into recess to allow its members who are running for reelection to spend some more time campaigning back home.Could President Obama make a nominee during that recess? Only if the Senate is taking a recess lasting longer than three days, and does not come in from time to time during that recess to take some minimal legislative action. Both of those circumstances would be entirely within the Senate s authority.In that circumstance, a recess appointment to the Court would not be within the terms of the Constitution, as spelled out in Article II.Read more: scotusblogGovernment News
Your task is to classify the provided input as real or fake news. Label 0 is meant for fake news, Label 1 is for real news. TEXT: how obama could temporarily fill the vacancy left by justice scale with a radical leftist judgethere president history united states mastered art going around congress achieve radical goals better barack hussain obama in normal times scenario would concern every day americans we however living normal times we living time president actually stated goal fundamentally transform united states america pray senate currently recess february the recess began friday whether opens opportunity recess appointment depends upon senate leaders interpret adjournment resolution approved last friday that determine whether meet brief activity recess could close scenario president obama may able appoint temporary supreme court justice the constitution assigns president task making nominations supreme court setting senate review may may result approval also gives chief executive opportunity fill vacancy court temporarily bypassing senate initially nominee languishes senate without final hours death justice antonio scale became abundantly clear first president obama choose possible successor try get senate go along second gop leadership senate say try block nominee final result impasse president obama may ponder possibility putting court new justice choosing serve temporarily the problem though less two years ago supreme court severely narrowed flexibility temporary appointment power strengthened senate capacity frustrated presidential true one justices regarded giant court history william brennan actually began lengthy career appointment the chances happening today seem diminished presidential authority issue possible scenario exists according article ii senate gone recess vacancy president seeks fill remains such appointment requires action senate appointee serve end following senate session the president still office try new senate session making new nomination must reviewed supreme court never clarified power decision june national labor relations board noel decision something compromise the court expanded concept senate would recess president could make temporary appointment also gave senate control recess long recessed last the gesture toward senate choices probably important specifically court decided first president side court ruled recess appointment power applies senate leaves town break middle annual sitting break end annual also president side decision declared president recess fill vacancy even opening occurred well recess senate side ruling made clear last three days without saying much time must pass without senate town strongly senate side decision left largely senate decide take recess allowing avoid formality recess taking legislative action however minor inconsequential however senators actually take part president obama goes ahead nomination open seat court suppose senate chooses allow nominee the gop enough seats senate control senate goes recess allow members running reelection spend time campaigning back president obama make nominee recess only senate taking recess lasting longer three days come time time recess take minimal legislative action both circumstances would entirely within senate circumstance recess appointment court would within terms constitution spelled article scotusbloggovernment news