Justice Takes a Recess (Paperback)

Language: English

Published by Bloomsbury Publishing Plc, Lanham, MD, 2010

0739126628 / 9780739126622

Series: Book 17 of 53 - After the Empire: The Francophone World and Postcolonial France

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Seller: Grand Eagle Retail, Bensenville, IL, U.S.A.Grand Eagle Retail

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Paperback. The Constitution allows the president 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. In Justice Takes a Recess, Scott E. Graves and Robert M. Howard address how presidents have used recess appointments over time and whether the independence of judicial recess appointees is compromised. They argue that these appointments can upset the separation of powers envisioned by the Framers, shifting power away from one branch of government and toward another.Examining every judicial recess appointment from 1789 to 2005, the authors discover that presidents are conditionally strategic when they unilaterally appoint federal judges during Senate recesses. Such appointments were made cautiously for most of the twentieth century, leading to a virtual moratorium for several decades, until three recent recess appointments to the courts in the face of Senate obstruction revived the controversy. These appointments suggest the beginning of a more assertive use of recess appointments in the increasingly politicized activity of staffing the federal courts. The authors argue that the recess appointment clause, as it pertains to the judiciary, is no longer necessary or desirable. The strategic use of such appointments by strong presidents to shift judicial ideology, combined with the lack of independence exhibited by judicial recess appointments, results in recess power that threatens constitutional features of the judicial branch. Justice Takes a Recess examines why and under what circumstances presidents use the recess appointment power to appoint judges to the Federal courts. The authors show that the use of the recess power upsets the carefully calculated separation of powers envisioned by the Framers, shifting power away from one branch of government towards another. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability.

Seller Inventory # 9780739126622

Title
Justice Takes a Recess (Paperback)
Author
Scott E. Graves
Publisher
Bloomsbury Publishing Plc, Lanham, MD
Publication year
2010
Condition
new
Binding
Paperback
Language
English
ISBN 10
0739126628
ISBN 13
9780739126622
Series
Book 17 of 53: After the Empire: The Francophone World and Postcolonial France

Grand Eagle Retail

Bensenville, IL, U.S.A.

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