Thread by @unseen1_unseen

The more you know, the less you panic.

In 2012, the lightbringer being upset with democracy decided to try to force recess appointments during a proforma session of the senate. Consitution? What consitution?
The senate rightly upset about this usurption of power by the lightbringer took him to court.

In 2014, the SCOTUS in a 9-0 ruling spanked the lightbringer like a kid who was caught with his hand in the cookie jar and reaffirmed that a proforma session of the senate was indeed a session of the senate and further stated a recess had to be at least 10 days before any recess appointments could be made by the president.

Because of this ruling, the senate now had a way to keep some control over the executive branch by making them follow the advice and consent part of the Constitution by technically never going on recess again.

Since that ruling, the Senate has never allowed a recess appointment. None, zero, zilch. Not for Obama, Trump, Biden or Trump.

The Senate has guarded that power religiously for the last 11 years. It's not about Trump. It's about the separation of powers and the constant power struggles between the three branches.

I seriously doubt we will ever see a recess appointment again in our lifetimes unless the house and senate can't agree on an adjournment time and the president can adjourn them constitutionally.

The correct response by the executive branch to this power grab would be to take the senate to court on inferior officers and make the court define what it means in more detail which will wipe out the senate's ability to confirm the majority of executive postions which are all pretty much inferior offices.

Recess appointments basically ended in 2014, and they aren't coming back.

Sure, a majority leader could theoretically recess the senate without proforma session and allow recess appointments again, but anyone that does so won't remain majority leader for long unless it's some major emergency like a war.

The Senate likes to think of themselves as an esteemed group of busybodies, and they have rules that they all abide by, both parties. They spend their unproductive days trying to figure out ways to use the rules in tricky ways to win a debate or get one over on the opposition. They hate the thought of changing the rules. One, it seems like cheating to them. Two, if they change the rules, then the opposition can change them when they get in power, and you basically end in chaos.

So instead, they make deals and find work arounds. The deal making is always the fun part of their unproductive days.

It's not a misnomer when they call changing the rules "the nuclear option." They really believe that once you start changing rules its the end times. They basically live under MAD when it comes to rule changes.

So what does all this tell you?

It should clue you in on what to expect from the senate in the progression of moves.
1. They will start out friendly and using the rules.

2. When one side gains an advantage and "won," they will turn to deal making to get the best outcome they can.

3. If the minority party was the winner and won't make a fair deal, the MAJORITY moves towards TALKING ABOUT CHANGING THE RULES to bring the minority to the table in good faith.

4. If the good faith effort isn't in good faith or utterly fails, then the majority party MAY use the nuclear option and change the rules. (We are here)

5. At this point their is great crying and gnashing of teeth on both sides until a decision is made. ( this will be were we are for the next month or so)

6. The very last option and in the minds of most senators not an option at all is giving up their power to the executive or judicial branches because they couldn't work it out themselves(i.e there will be no recess appointments)

If you are playing along at home, the above should tell you that Schumer overplayed his hand and lost the battle with nothing to show for it, as his inability to make a good deal in good faith has pushed the majority into a position of having to change the rules to solve the problem or face their voters' backlash. Schumer basically boxed them in with no avenue of escape and is forcing them to use the nuclear option to keep their seats in the midterms. It was a stupid play by Schumer over a minor issue. It will probably cost the senate some power to the executive depending on the rule changes as any president or majority party in the senate will be able to use those rules to bypass the blockade of their party's appointees when they are in power. In the same way, they lost power when they were forced to change the rules on scotus appointments. Oh well, that's a shame... moving on.