2.01.2017

The Hydrogen Option: Congress Goes Into Recess, the President Makes Recess Appointments, Congress Ratifies Them


The Democrats are using all the procedural tricks they can think of to slow down and gum up the wheels of the Trump Train in the committee nomination hearings and they are promising to do the same on the Senate floor with the Cabinet picks and the Supreme Court nomination.

The Democrats are not doing this because it will affect the outcome -the nominees are going to be confirmed, or not, by the Republican majority- but because it will slow down and blunt the pace of the President's initiatives, and because the Democrats are throwing a tantrum, like two year olds who didn't get their way. So, like two year olds, they need a hard dose of reality, they need to witness what the adults can do when the adults have come to the end of their patience.

This is what the adults can do: In the Constitution there is a clause. It's called the Recess Appointment clause. It was adopted without debate in order to prevent government paralysis. Government paralysis is exactly what the Democrats are endeavoring to do as we sit. So, this would be a right and proper use of the Recess Appointment Power.


Presenting; the Hydrogen Option.

The enabling statute: 
Article II, Section 2, third paragraph in the U.S. Constitution states that "The 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."

How it would work: 
The Congress goes into recess -or rather leaves town on a three day and one hour break-, President Trump makes Recess appointments for the remaining Cabinet slots and SCOTUS, then Congress comes back from its break and ratifies the appointments by the end of the session.  No muss, no fuss, no interminable Democrat bitching and obstruction in the Senate committee process. Just a clean, quick sword cut of brute political power.

Potential hang ups:
1. It is presumed that ratification is not subject to debate and requires only majority vote. If it isn't this will have to be considered and dealt with.

2. It is also presumed that the Senate Majority Leader, Mitch McConnell, controls the schedule for the Senate and can alter it without interference. If this is incorrect, a way will have to be devised for the Senate to recess.

3. A majority of the Republican Senators should agree on this plan for it to succeed. Without firm majority support, it goes nowhere.

Why is it named the Hydrogen Option?  Because, the Atomic bomb, which people think of when they hear the word Nuclear, was eclipsed in brute power by the Hydrogen Bomb. The Hydrogen Option is also faster, simpler, and less cumbersome than the Nuclear Option.

Perhaps the threat of the Hydrogen Option will cause the Democrats to calm down and be civil.........Nah! 
It may cause them to be more amenable to some kind of compromise though. In any case, President Trump and the Republicans have the high upper hand!! If they'll use it.



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