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Archive of entries posted on January 2012

So About that Recess Appointments Clause

Article II, §2, cl. 3 of the Constitution (the “Recess Appointments Clause” or “RAC”) provides that “[t]he President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the end of their next Session.” The Constitution requires that Congress “assemble” at [...]

Did Senator Paul’s TSA Detention Violate the Arrest Clause?

Senator Rand Paul was “detained” earlier today by the Transportation Security Administration (TSA) after the Senator refused to consent to a full body pat down at the airport in Nashville, Tennessee. Senator Paul was at the airport to catch a flight to Washington, DC. This raises an interesting question under the Arrest Clause, art. I, [...]

Bolling Memorandum on Breaking Ties in the Virginia Senate

Virginia Lieutenant Governor Bolling has issued this ruling on his power to break deadlocks in the Virginia Senate. In brief, Bolling concludes that his power to vote includes organizational matters such as determining rules of procedure and voting on officers. However, he also finds that he lacks the power to vote on final passage of [...]

More on Gingrich and Judges

Former Speaker Gingrich’s plan to rein in the federal judiciary has met with near-universal criticism, but Curt Levey has gamely offered a qualified defense in the Wall Street Journal. Levey contends that the attacks on Gingrich’s proposal are “overblown.” As an example, he has this to say about Gingrich’s idea of subpoenaing federal judges to [...]