Word: recessions
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That Leader Alben Barkley, to whose desk John Nance Garner walked directly from his chair after the recess, had told the Vice President to get the Court Bill through the Senate, his confreres did not doubt last week. Even less did they doubt that the sensational maneuver by which it had been accomplished was a single-handed display of the Garner political acumen and parliamentary power that topped even his masterly obliteration of the original Court Bill last month (TIME, Aug. 2). Two minutes after the Bill had passed, a dozen Senators, admiring as much as amused by the Garner...
...hope by a recess appointment to seat a man on the bench whom the Senate might not otherwise readily approve, trusting that the Senate would not care to reject the new Justice next January after he had already served through the fall term...
...Senate did reject a recess appointee would any decisions which he took part in on the bench, prior to rejection, be legal...
...Would a recess appointment be legal or might the Supreme Court itself refuse to seat a recess appointee...
...last question depends on the sentence in the Constitution which says: "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." The present vacancy did not "happen" (in the sense of "occur") during a recess of the Senate but it will "happen" (in the sense of "happen to exist") during a recess if the President waits until after Congress adjourns. Franklin Roosevelt gave the press to understand that his Attorney General espoused the latter view, but gave...